Make appropriations for transportation for FY 2026-27 biennium

(136th General Assembly)

(Amended
Substitute House Bill Number 54)

AN
ACT

To amend sections 101.27,
117.12, 154.01, 306.30, 306.35, 306.43, 717.02, 1548.061, 2935.03,
3503.11, 3704.14, 4501.01, 4503.10, 4503.102, 4503.103, 4503.21,
4505.08, 4506.01, 4506.09, 4506.11, 4507.01, 4507.061, 4507.13,
4507.21, 4507.52, 4508.02, 4511.01, 4511.031, 4511.09, 4511.091,
4511.092, 4511.093, 4511.094, 4511.11, 4511.13, 4511.131, 4511.132,
4511.18, 4511.204, 4511.21, 4511.211, 4511.214, 4511.432, 4511.46,
4511.48, 4511.512, 4511.61, 4511.62, 4511.64, 4511.65, 4511.68,
4511.701, 4511.712, 4511.76, 4513.071, 4513.38, 4513.41, 4517.02,
4517.24, 4519.401, 4955.50, 4955.51, 5501.20, 5501.41, 5501.441,
5512.07, 5513.01, 5515.01, 5515.02, 5515.99, 5517.02, 5517.021,
5521.01, 5525.03, 5525.04, 5525.08, 5525.14, 5525.16, 5537.02,
5571.01, and 5747.502; to enact sections 117.56, 1548.062, 4503.183,
4503.211, 4505.072, 4511.15, 4511.765, 4923.12, 4955.52, 4955.53,
4955.55, 4955.57, 5501.041, 5501.421, 5515.10, 5517.012, and 5517.08;
and to repeal sections 4506.072, 4507.021, 4507.063, 4507.511,
4511.351, 4511.491, and 5501.60 of the Revised Code and to amend
Sections 200.20, 200.30 as subsequently amended, 243.10, and 243.20
of H.B. 2 of the 135th General Assembly and Section 755.20 of H.B. 23
of the 135th General Assembly to make appropriations for programs
related to transportation for the biennium beginning July 1, 2025,
and ending June 30, 2027, 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
101.27,

117.12,
154.01
,
306.30, 306.35
,
306.43, 717.02, 1548.061
,
2935.03
,
3503.11, 3704.14, 4501.01, 4503.10, 4503.102, 4503.103
,
4503.21
,
4505.08, 4506.01, 4506.09, 4506.11, 4507.01, 4507.061, 4507.13,
4507.21, 4507.52, 4508.02, 4511.01
,
4511.031
,
4511.09, 4511.091, 4511.092, 4511.093, 4511.094, 4511.11, 4511.13,
4511.131, 4511.132, 4511.18, 4511.204
,
4511.21
,
4511.211, 4511.214, 4511.432, 4511.46, 4511.48, 4511.512, 4511.61,
4511.62, 4511.64, 4511.65, 4511.68, 4511.701, 4511.712, 4511.76,
4513.071, 4513.38, 4513.41, 4517.02, 4517.24, 4519.401, 4955.50,
4955.51, 5501.20
,
5501.41
,
5501.441, 5512.07, 5513.01
,
5515.01, 5515.02, 5515.99
,
5517.02, 5517.021, 5521.01, 5525.03, 5525.04, 5525.08, 5525.14,
5525.16, 5537.02, 5571.01, and 5747.502 be amended and sections
117.56, 1548.062, 4503.183
,
4503.211
,
4505.072, 4511.15, 4511.765, 4923.12, 4955.52, 4955.53, 4955.55,
4955.57
,
5501.041, 5501.421
,
5515.10, 5517.012, and 5517.08 of the Revised Code be enacted to read
as follows:

Sec.
101.27.
(A)(1)
Every member of the senate, except the members elected president,
president pro tempore, assistant president pro tempore, majority
whip, minority leader, assistant minority leader, minority whip, and
assistant minority whip, shall receive as compensation a salary of
sixty-three thousand seven dollars a year during the senator's term
of office. Every member of the house of representatives, except the
members elected speaker, speaker pro tempore,
assistant
speaker pro tempore,
majority
floor leader, assistant majority floor leader, majority whip,

assistant
majority whip,
minority
leader, assistant minority leader, minority whip, and assistant
minority whip, shall receive as compensation a salary of sixty-three
thousand seven dollars a year during the representative's term of
office. Such salaries shall be paid in equal monthly installments
during such term. All monthly payments shall be made on or before the
fifth day of each month. Upon the death of any member of the general
assembly during the member's term of office, any unpaid salary due
such member for the remainder of the member's term shall be paid to
the member's surviving spouse, children, mother, or father, in the
order in which the relationship is set forth in this section in
monthly installments.

(2)
Each member shall receive a travel reimbursement per mile each way,
at the same mileage rate allowed for the reimbursement of travel
expenses of state agents as provided by rule of the director of
budget and management pursuant to division (B) of section 126.31 of
the Revised Code, for mileage not more than once a week during the
session for travel incurred by a member from and to the member's
place of residence, by the most direct highway route of public travel
to and from the seat of government, to be paid quarterly on the last
day of March, June, September, and December of each year.

(3)
The member of the senate elected president and the member of the
house of representatives elected speaker shall each receive as
compensation a salary of ninety-eight thousand two hundred fourteen
dollars a year during the president's or speaker's term of office.

The
member of the senate elected president pro tempore, the member of the
senate elected minority leader, the member of the house of
representatives elected speaker pro tempore, and the member of the
house of representatives elected minority leader shall each receive
as compensation a salary of eighty-nine thousand six hundred twelve
dollars a year during the member's term of office.

The
member of the house of representatives elected majority floor leader
and the member of the senate elected assistant president pro tempore
shall each receive as compensation a salary of eighty-four thousand
four hundred ten dollars a year during the member's term of office.

The
member of the senate elected assistant minority leader and the member
of the house of representatives elected assistant minority leader
shall each receive as compensation a salary of eighty-one thousand
eight hundred fifteen dollars a year during the member's term of
office.

The
member of the senate elected majority whip and the member of the
house of representatives elected assistant majority floor leader
shall each receive a salary of seventy-nine thousand two hundred
sixteen dollars a year during the member's term of office.

The
member of the senate elected minority whip, the member
or
members
of
the house of representatives elected majority whip, and the member of
the house of representatives elected minority whip shall each receive
as compensation a salary of seventy-four thousand twenty dollars a
year during the member's term of office.

The
member of the house of representatives elected assistant majority
whip shall receive as compensation a salary of sixty-eight thousand
eight hundred twenty-two dollars a year during the member's term of
office.

The
member of the house of representatives elected assistant minority
whip and the member of the senate elected assistant minority whip
shall each receive a salary of sixty-five thousand nine hundred
sixteen dollars a year during the member's term of office.

(4)

The
member of the house of representatives elected assistant speaker pro
tempore shall receive a salary of ninety-nine thousand nine hundred
three dollars and ninety cents a year during the member's term of
office.

(5)

The
chairperson of the finance committee of each house shall receive an
additional sum of thirteen thousand five hundred dollars annually.
The chairperson of each standing committee of each house other than
the finance committee shall receive an additional sum of nine
thousand dollars annually. The chairperson of each standing
subcommittee of a finance committee shall receive an additional sum
of nine thousand dollars annually. The vice-chairperson of the
finance committee of each house shall receive an additional sum of
seven thousand five hundred dollars annually. The ranking minority
member of the finance committee of each house shall receive an
additional sum of nine thousand dollars annually. The ranking
minority member of each standing subcommittee of a finance committee
shall receive an additional sum of six thousand seven hundred fifty
dollars annually. The chairperson of each standing subcommittee of
each house other than a standing subcommittee of the finance
committee shall receive an additional sum of six thousand seven
hundred fifty dollars annually. The vice-chairperson and ranking
minority member of each standing committee of each house other than
the finance committee shall each receive an additional sum of six
thousand seven hundred fifty dollars annually. Except for the ranking
minority member of each standing subcommittee of a finance committee,
the ranking minority member of each standing subcommittee of each
house shall receive an additional sum of three thousand two hundred
fifty dollars annually.

No
member may receive more than one additional sum for serving as
chairperson, vice-chairperson, or ranking minority member of a
standing committee or standing subcommittee, regardless of the number
of standing committees or standing subcommittees on which the member
serves as chairperson, vice-chairperson, or ranking minority member.

(5)
(6)

If a member is absent without leave, or is not excused on the
member's return, there shall be deducted from the member's
compensation twenty dollars for each day's absence.

(B)(1)
The salary amounts under divisions (A)(1) and (3) of this section are
for calendar year 2019.

The salary amount under division (A)(4) of this section is for
calendar year 2025.

(2)
Each calendar year from 2020 through 2028
,

the salary amounts under divisions (A)(1) and (3) of this section
,
and each calendar year from 2026 through 2028 the salary amount under
division (A)(4) of this section,

shall be increased as follows:

(a)
In calendar year 2020, by four per cent;

(b)
In calendar year 2021, by three per cent;

(c)
In calendar year 2022, by one and three-quarters per cent;

(d)
In calendar year 2023, by one and three-quarters per cent;

(e)
In calendar year 2024, by one and three-quarters per cent;

(f)
In calendar year 2025, by one and three-quarters per cent;

(g)
In calendar year 2026, by one and three-quarters per cent;

(h)
In calendar year 2027, by one and three-quarters per cent;

(i)
In calendar year 2028, by one and three-quarters per cent.

(C)
As used in this section, "finance committee" means the
finance committee of the senate and the finance committee of the
house of representatives.

Sec.
117.12.
(A)
Any certified public accountant engaged to perform an audit pursuant
to division (C) of section 117.11
or
section 117.56
of
the Revised Code shall conduct the audit pursuant to the standards,
procedures, and guidelines of the auditor of state for such audits.
The auditor of state shall establish these standards, procedures, and
guidelines by rule. The audit shall cover the period beginning with
the termination date of the most recent audit conducted under this
section or under section 117.11 of the Revised Code, and ending on
the date specified by the auditor of state. The accountant shall
inquire into the methods, accuracy, and legality of the accounts,
records, files, and reports of the public office and shall note
whether, in the accountant's opinion, the laws, rules, ordinances,
and orders pertaining to the public office have been complied with.

(B)
The certified public accountant shall have no authority to make
formal findings of illegality, malfeasance, or gross neglect under
this section or section 117.23 of the Revised Code.

Sec.
117.56.
During
the course of an audit, including a performance audit, of the
department of transportation, the auditor of state, and any
independent accountants or consultants necessary to carry out the
statutory responsibilities of the auditor of state, may access any
system the department uses or maintains. The director of
transportation and employees of the department shall assist the
auditor of state with accessing the department's systems. The auditor
of state, and independent accountants and consultants retained by the
auditor of state, shall comply with all state and federal privacy and
confidentiality laws that apply to the content of the systems the
auditor of state accesses.

Sec.
154.01.
As
used in this chapter:

(A)
"Commission" means the Ohio public facilities commission
created in section 151.02 of the Revised Code.

(B)
"Obligations" means bonds, notes, or other evidences of
obligation, including interest coupons pertaining thereto, issued
pursuant to Chapter 154. of the Revised Code.

(C)
"Bond proceedings" means the order or orders, resolution or
resolutions, trust agreement, indenture, lease, and other agreements,
amendments and supplements to the foregoing, or any combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security of, obligations issued
pursuant to Chapter 154. of the Revised Code, and the provisions
contained in such obligations.

(D)
"State agencies" means the state of Ohio and officers,
boards, commissions, departments, divisions, or other units or
agencies of the state.

(E)
"Governmental agency" means state agencies, state supported
and assisted institutions of higher education, municipal
corporations, counties, townships, school districts, and any other
political subdivision or special district in this state established
pursuant to law, and, except where otherwise indicated, also means
the United States or any department, division, or agency thereof, and
any agency, commission, or authority established pursuant to an
interstate compact or agreement.

(F)
"Institutions of higher education" and "state
supported or state assisted institutions of higher education"
means the state universities identified in section 3345.011 of the
Revised Code, the northeast Ohio medical university, state
universities or colleges at any time created, community college
districts, university branch districts, and technical college
districts at any time established or operating under Chapter 3354.,
3355., or 3357. of the Revised Code, and other institutions for
education, including technical education, beyond the high school,
receiving state support or assistance for their expenses of
operation.

(G)
"Governing body" means:

(1)
In the case of institutions of higher education, the board of
trustees, board of directors, commission, or other body vested by law
with the general management, conduct, and control of one or more
institutions of higher education;

(2)
In the case of a county, the board of county commissioners or other
legislative body; in the case of a municipal corporation, the council
or other legislative body; in the case of a township, the board of
township trustees; in the case of a school district, the board of
education;

(3)
In the case of any other governmental agency, the officer, board,
commission, authority or other body having the general management
thereof or having jurisdiction or authority in the particular
circumstances.

(H)
"Person" means any person, firm, partnership, association,
or corporation.

(I)
"Bond service charges" means principal, including mandatory
sinking fund requirements for retirement of obligations, and
interest, and redemption premium, if any, required to be paid by the
state on obligations. If not prohibited by the applicable bond
proceedings, bond service charges may include costs relating to
credit enhancement facilities that are related to and represent, or
are intended to provide a source of payment of or limitation on,
other bond service charges.

(J)
"Capital facilities" means buildings, structures, and other
improvements, and equipment, real estate, and interests in real
estate therefor, within the state, and any one, part of, or
combination of the foregoing, to serve the general purposes for which
the issuing authority is authorized to issue obligations pursuant to
Chapter 154. of the Revised Code, including, but not limited to,

highways,

drives,
roadways, parking facilities, walks, lighting, machinery,
furnishings, utilities, landscaping, wharves, docks, piers,
reservoirs, dams, tunnels, bridges, retaining walls, riprap,
culverts, ditches, channels, watercourses, retention basins,
standpipes and water storage facilities, waste treatment and disposal
facilities, heating, air conditioning and communications facilities,
inns, lodges, cabins, camping sites, golf courses, boat and bathing
facilities, athletic and recreational facilities, and site
improvements.

(K)
"Costs of capital facilities" means the costs of acquiring,
constructing, reconstructing, rehabilitating, remodeling, renovating,
enlarging, improving, equipping, or furnishing capital facilities,
and the financing thereof, including the cost of clearance and
preparation of the site and of any land to be used in connection with
capital facilities, the cost of any indemnity and surety bonds and
premiums on insurance, all related direct administrative expenses and
allocable portions of direct costs of the commission or issuing
authority and department of administrative services, or other
designees of the commission under section 154.17 of the Revised Code,
cost of engineering and architectural services, designs, plans,
specifications, surveys, and estimates of cost, legal fees, fees and
expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing
charges and fees and expenses of financial advisers and consultants
in connection therewith, interest on obligations, including but not
limited to, interest from the date of their issuance to the time when
interest is to be covered from sources other than proceeds of
obligations, amounts necessary to establish reserves as required by
the bond proceedings, costs of audits, the reimbursement of all
moneys advanced or applied by or borrowed from any governmental
agency, whether to or by the commission or others, from whatever
source provided, for the payment of any item or items of cost of the
capital facilities, any share of the cost undertaken by the
commission pursuant to arrangements made with governmental agencies
under division (H) of section 154.06 of the Revised Code, and all
other expenses necessary or incident to planning or determining
feasibility or practicability with respect to capital facilities, and
such other expenses as may be necessary or incident to the
acquisition, construction, reconstruction, rehabilitation,
remodeling, renovation, enlargement, improvement, equipment, and
furnishing of capital facilities, the financing thereof and the
placing of the same in use and operation, including any one, part of,
or combination of such classes of costs and expenses.

(L)
"Public service facilities" means inns, lodges, hotels,
cabins, camping sites, scenic trails, picnic sites, restaurants,
commissaries, golf courses, boating and bathing facilities and other
similar facilities in state parks.

(M)
"State parks" means:

(1)
State reservoirs described and identified in section 1546.11 of the
Revised Code;

(2)
All lands or interests therein of the state identified as
administered by the division of parks and watercraft in the
"inventory of state owned lands administered by the department
of natural resources as of June 1, 1963," as recorded in the
journal of the director, which inventory was prepared by the real
estate section of the department and is supported by maps now on file
in said real estate section;

(3)
All lands or interests in lands of the state designated after June 1,
1963, as state parks in the journal of the director with the approval
of the director of natural resources.

State
parks do not include any lands or interest in lands of the state
administered jointly by two or more divisions of the department of
natural resources. The designation of lands as state parks under
divisions (M)(1) to (3) of this section is conclusive and such lands
shall be under the control of and administered by the division of
parks and watercraft. No order or proceeding designating lands as
state parks or park purchase areas is subject to any appeal or review
by any officer, board, commission, or court.

(N)
"Bond service fund" means the applicable fund created for
and pledged to the payment of bond service charges under section
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including all
moneys and investments, and earnings from investments, credited and
to be credited thereto.

(O)
"Improvement fund" means the applicable fund created for
the payment of costs of capital facilities under section 123.201,
154.20, 154.21, or 154.22 of the Revised Code, including all moneys
and investments, and earnings from investments, credited and to be
credited thereto.

(P)
"Special funds" or "funds" means, except where
the context does not permit, the bond service funds, the improvements
funds, and any other funds for similar or different purposes created
under bond proceedings, including all moneys and investments, and
earnings from investments, credited and to be credited thereto.

(Q)
"Year" unless the context indicates a different meaning or
intent, means a calendar year beginning on the first day of January
and ending on the thirty-first day of December.

(R)
"Fiscal year" means the period of twelve months beginning
on the first day of July and ending on the thirtieth day of June.

(S)
"Issuing authority" means the treasurer of state or the
officer or employee who by law performs the functions of that office.

(T)
"Credit enhancement facilities" has the same meaning as in
section 133.01 of the Revised Code.

(U)
"Ohio cultural facility" and "Ohio sports facility"
have the same meanings as in section 123.28 of the Revised Code.

Sec.
306.30.
As

(A)
Except as provided in division (B) of this section and as
used
in sections 306.30 to 306.53
,

inclusive,

of the Revised Code, "transit facility" means any:

(A)
(1)

Street railway, motor bus, tramline, subway, monorail, rapid transit

vehicle
,

aeroplane,
helicopter, ferry, or other ground or water transportation system
having as its primary purpose

the
regularly scheduled mass movement of passengers

between
locations within the territorial boundaries of a regional transit
authority, including all
right-of-way
rights-of-way
,

power
lines, rolling stock, equipment, machinery, terminals, buildings,
administration and maintenance and repair facilities, and supporting
parking facilities, and franchise rights attendant thereto, but
excluding therefrom trucks and facilities designed for use in the
movement of property by truck;

(B)
(2)

Docks, wharves, warehouses, piers, and other port, terminal, or
transportation facilities and marinas;

(C)
(3)

Facilities used, available for use, or designed for use to aid in the
safe taking off or landing of aircraft, for the safety, storage, and
maintenance of aircraft, for the comfort and accommodation of users
of air transportation, including persons, property, and mail, or for
the safe and efficient operation and maintenance of an airport; and
buildings and facilities as are reasonably necessary for the comfort
and accommodation of the users of transit facilities; or

(D)
(4)

Any combination of the foregoing.

(B)
In a county with a population between one million two hundred
thousand and one million three hundred thousand according the most
recent federal decennial census, as used in sections 306.30 to 306.53
of the Revised Code, "transit facility" means any:

(1)
Street railway, motor bus, tramline, subway, monorail, paratransit
vehicle, rapid transit vehicle, railcar, aeroplane, helicopter,
ferry, or other ground or water transportation system having as its
primary purpose either the regularly scheduled mass movement of
passengers or the corresponding paratransit service between locations
within the territorial boundaries of a regional transit authority,
including all rights-of-way, routes, transit zones, bus lanes, bus
layover areas, bus loops, transit centers, bus shelters, bus stops,
rail stations, rail lines, power lines, rolling stock, equipment,
machinery, terminals, buildings, administration and maintenance and
repair facilities, vehicles for maintenance and support, and
supporting parking facilities, and franchise rights attendant
thereto, but excluding therefrom trucks and facilities designed for
use in the movement of property by truck;

(2)
Docks, wharves, warehouses, piers, and other port, terminal, or
transportation facilities and marinas;

(3)
Facilities used, available for use, or designed for use to aid in the
safe taking off or landing of aircraft, for the safety, storage, and
maintenance of aircraft, for the comfort and accommodation of users
of air transportation, including persons, property, and mail, or for
the safe and efficient operation and maintenance of an airport; and
buildings and facilities as are reasonably necessary for the comfort
and accommodation of the users of transit facilities;

(4)
Any combination of the foregoing.

Sec.
306.35.
Upon
the creation of a regional transit authority as provided by section
306.32 of the Revised Code, and upon the qualifying of its board of
trustees and the election of a president and a vice-president, the
authority shall exercise in its own name all the rights, powers, and
duties vested in and conferred upon it by sections 306.30 to 306.53
of the Revised Code. Subject to any reservations, limitations, and
qualifications that are set forth in those sections, the regional
transit authority:

(A)
May sue or be sued in its corporate name;

(B)
May make contracts in the exercise of the rights, powers, and duties
conferred upon it;

(C)
May adopt and at will alter a seal and use such seal by causing it to
be impressed, affixed, reproduced, or otherwise used, but failure to
affix the seal shall not affect the validity of any instrument;

(D)(1)
May adopt, amend, and repeal bylaws for the administration of its
affairs and rules for the control of the administration and operation
of transit facilities under its jurisdiction, and for the exercise of
all of its rights of ownership in those transit facilities;

(2)
The regional transit authority also may adopt bylaws and rules for
the following purposes:

(a)
To prohibit selling, giving away, or using any beer or intoxicating
liquor on transit vehicles or transit property;

(b)
For the preservation of good order within or on transit vehicles or
transit property;

(c)
To provide for the protection and preservation of all property and
life within or on transit vehicles or transit property;

(d)
To regulate and enforce the collection of fares.

(3)
Before a bylaw or rule adopted under division (D)(2) of this section
takes effect, the regional transit authority shall provide for a
notice of its adoption to be published once a week for two
consecutive weeks in a newspaper of general circulation within the
territorial boundaries of the regional transit authority, or as
provided in section 7.16 of the Revised Code.

(4)
No person shall violate any bylaw or rule of a regional transit
authority adopted under division (D)(2) of this section.

(E)
May fix, alter, and collect fares, rates, and rentals and other
charges for the use of transit facilities under its jurisdiction to
be determined exclusively by it for the purpose of providing for the
payment of the expenses of the regional transit authority, the
acquisition, construction, improvement, extension, repair,
maintenance, and operation of transit facilities under its
jurisdiction, the payment of principal and interest on its
obligations, and to fulfill the terms of any agreements made with
purchasers or holders of any such obligations, or with any person or
political subdivision;

(F)
Shall have jurisdiction, control, possession, and supervision of all
property, rights, easements, licenses, moneys, contracts, accounts,
liens, books, records, maps, or other property rights and interests
conveyed, delivered, transferred, or assigned to it;

(G)(1)
Except as provided in division (G)(2) of this section, may acquire,
construct, improve, extend, repair, lease, operate, maintain, or
manage transit facilities within or without its territorial
boundaries, considered necessary to accomplish the purposes of its
organization and make charges for the use of transit facilities.

(2)
Beginning on July 1, 2011, a regional transit authority shall not
extend its service or facilities into a political subdivision outside
the territorial boundaries of the authority without giving prior
notice to the legislative authority of the political subdivision. The
legislative authority shall have thirty days after receiving the
notice to comment on the proposal.

(H)
May levy and collect taxes as provided in sections 306.40 and 306.49
of the Revised Code;

(I)
May issue bonds secured by its general credit as provided in section
306.40 of the Revised Code;

(J)
May hold, encumber, control, acquire by donation, by purchase for
cash or by installment payments, by lease-purchase agreement, by
lease with option to purchase, by borrowing from any federal, state,
or other governmental or private source, or by condemnation, and may
construct, own, lease as lessee or lessor, use, and sell, real and
personal property, or any interest or right in real and personal
property, within or without its territorial boundaries, for the
location or protection of transit facilities and improvements and
access to transit facilities and improvements, the relocation of
buildings, structures, and improvements situated on lands acquired by
the regional transit authority, or for any other necessary purpose,
or for obtaining or storing materials to be used in constructing,
maintaining, and improving transit facilities under its jurisdiction;

(K)
May exercise the power of eminent domain to acquire property or any
interest in property, within or without its territorial boundaries,
that is necessary or proper for the construction or efficient
operation of any transit facility or access to any transit facility
under its jurisdiction in accordance with section 306.36 of the
Revised Code;

(L)
May provide by agreement with any county, including the counties
within its territorial boundaries, or any municipal corporation or
any combination of counties or municipal corporations for the making
of necessary surveys, appraisals, and examinations preliminary to the
acquisition or construction of any transit facility and the amount of
the expense for the surveys, appraisals, and examinations to be paid
by each such county or municipal corporation;

(M)
May provide by agreement with any county, including the counties
within its territorial boundaries, or any municipal corporation or
any combination of those counties or municipal corporations for the
acquisition, construction, improvement, extension, maintenance, or
operation of any transit facility owned or to be owned and operated
by it or owned or to be owned and operated by any such county or
municipal corporation and the terms on which it shall be acquired,
leased, constructed, maintained, or operated, and the amount of the
cost and expense of the acquisition, lease, construction,
maintenance, or operation to be paid by each such county or municipal
corporation;

(N)
May issue revenue bonds for the purpose of acquiring, replacing,
improving, extending, enlarging, or constructing any facility or
permanent improvement that it is authorized to acquire, replace,
improve, extend, enlarge, or construct, including all costs in
connection with and incidental to the acquisition, replacement,
improvement, extension, enlargement, or construction, and their
financing, as provided by section 306.37 of the Revised Code;

(O)
May enter into and supervise franchise agreements for the operation
of a transit system;

(P)
May accept the assignment of and supervise an existing franchise
agreement for the operation of a transit system;

(Q)
May exercise a right to purchase a transit system in accordance with
the acquisition terms of an existing franchise agreement; and in
connection with the purchase the regional transit authority may issue
revenue bonds as provided by section 306.37 of the Revised Code or
issue bonds secured by its general credit as provided in section
306.40 of the Revised Code;

(R)
May apply for and accept grants or loans from the United States, the
state, or any other public or any private source for the purpose of
providing for the development or improvement of transit facilities,
mass transportation facilities, equipment, techniques, methods, or
services, and grants or loans needed to exercise a right to purchase
a transit system pursuant to agreement with the owner of those
transit facilities, or for providing lawful financial assistance to
existing transit systems; and may provide any consideration that may
be required in order to obtain those grants or loans from the United
States, the state, or other public or private source, either of which
grants or loans may be evidenced by the issuance of revenue bonds as
provided by section 306.37 of the Revised Code or general obligation
bonds as provided by section 306.40 of the Revised Code;

(S)
May employ and fix the compensation of consulting engineers,
superintendents, managers, and such other engineering, construction,
accounting and financial experts, attorneys, and other employees and
agents necessary for the accomplishment of its purposes;

(T)
May procure insurance against loss to it by reason of damages to its
properties resulting from fire, theft, accident, or other casualties
or by reason of its liability for any damages to persons or property
occurring in the construction or operation of transit facilities
under its jurisdiction or the conduct of its activities;

(U)
May maintain funds that it considers necessary for the efficient
performance of its duties;

(V)
May direct its agents or employees, when properly identified in
writing, after at least five days' written notice, to enter upon
lands within or without its territorial boundaries in order to make
surveys and examinations preliminary to the location and construction
of transit facilities, without liability to it or its agents or
employees except for actual damage done;

(W)
On its own motion, may request the appropriate zoning board, as
defined in section 4563.03 of the Revised Code, to establish and
enforce zoning regulations pertaining to any transit facility under
its jurisdiction in the manner prescribed by sections 4563.01 to
4563.21 of the Revised Code;

(X)
If it acquires any existing transit system, shall assume all the
employer's obligations under any existing labor contract between the
employees and management of the system. If the board acquires,
constructs, controls, or operates any such facilities, it shall
negotiate arrangements to protect the interests of employees affected
by the acquisition, construction, control, or operation. The
arrangements shall include, but are not limited to:

(1)
The preservation of rights, privileges, and benefits under existing
collective bargaining agreements or otherwise, the preservation of
rights and benefits under any existing pension plans covering prior
service, and continued participation in social security in addition
to participation in the public employees retirement system as
required in Chapter 145. of the Revised Code;

(2)
The continuation of collective bargaining rights;

(3)
The protection of individual employees against a worsening of their
positions with respect to their employment;

(4)
Assurances of employment to employees of those transit systems and
priority reemployment of employees terminated or laid off;

(5)
Paid training or retraining programs;

(6)
Signed written labor agreements.

The
arrangements may include provisions for the submission of labor
disputes to final and binding arbitration.

(Y)
May provide for and maintain security operations, including a transit
police department, subject to section 306.352 of the Revised Code.
Regional transit authority police officers shall have the power and
duty to act as peace officers within transit facilities owned,
operated, or leased by the transit authority to protect the transit
authority's property and the person and property of passengers, to
preserve the peace, and to enforce all laws of the state and
ordinances and regulations of political subdivisions in which the
transit authority operates. Regional transit authority police
officers also shall have the power and duty to act as peace officers
when they render emergency assistance outside their jurisdiction to
any other peace officer who is not a regional transit authority
police officer and who has arrest authority under section 2935.03 of
the Revised Code. Regional transit authority police officers may
render emergency assistance if there is a threat of imminent physical
danger to the peace officer, a threat of physical harm to another
person, or any other serious emergency situation and if either the
peace officer who is assisted requests emergency assistance or it
appears that the peace officer who is assisted is unable to request
emergency assistance and the circumstances observed by the regional
transit authority police officer reasonably indicate that emergency
assistance is appropriate.

Before
exercising powers of arrest and the other powers and duties of a
peace officer, each regional transit authority police officer shall
take an oath and give bond to the state in a sum that the board of
trustees prescribes for the proper performance of the officer's
duties.

Persons
employed as regional transit authority police officers shall complete
training for the position to which they have been appointed as
required by the Ohio peace officer training commission as authorized
in section 109.77 of the Revised Code, or be otherwise qualified. The
cost of the training shall be provided by the regional transit
authority.

(Z)
May procure a policy or policies insuring members of its board of
trustees against liability on account of damages or injury to persons
and property resulting from any act or omission of a member in the
member's official capacity as a member of the board or resulting
solely out of the member's membership on the board;

(AA)
May enter into any agreement for the sale and leaseback or lease and
leaseback of transit facilities, which agreement may contain all
necessary covenants for the security and protection of any lessor or
the regional transit authority including, but not limited to,
indemnification of the lessor against the loss of anticipated tax
benefits arising from acts, omissions, or misrepresentations of the
regional transit authority. In connection with that transaction, the
regional transit authority may contract for insurance and letters of
credit and pay any premiums or other charges for the insurance and
letters of credit. The fiscal officer shall not be required to
furnish any certificate under section 5705.41 of the Revised Code in
connection with the execution of any such agreement.

(BB)
In regard to any contract entered into on or after March 19, 1993,
for the rendering of services or the supplying of materials or for
the construction, demolition, alteration, repair, or reconstruction
of transit facilities in which a bond is required for the faithful
performance of the contract, may permit the person awarded the
contract to utilize a letter of credit issued by a bank or other
financial institution in lieu of the bond;

(CC)
May enter into agreements with municipal corporations located within
the territorial jurisdiction of the regional transit authority
permitting regional transit authority police officers employed under
division (Y) of this section to exercise full arrest powers, as
provided in section 2935.03 of the Revised Code, for the purpose of
preserving the peace and enforcing all laws of the state and
ordinances and regulations of the municipal corporation within the
areas that may be agreed to by the regional transit authority and the
municipal corporation.

(DD)
If it has a centralized transfer transportation hub with six or more
service routes and is located in a county with a population between
five hundred thirty-five thousand and five hundred forty thousand,
according to the most recent decennial census, shall enter into and
maintain a contract with one or more local law enforcement entities
to enforce laws and ensure safety at or in the vicinity of the hub.

Sec.
306.43.
(A)
The board of trustees of a regional transit authority or any officer
or employee designated by such board may make any contract for the
purchase of goods or services, the cost of which does not exceed one
hundred thousand dollars. When an expenditure, other than for the
acquisition of real estate, the discharge of claims, or the
acquisition of goods or services under the circumstances described in
division (H) of this section, is expected to exceed one hundred
thousand dollars, such expenditure shall be made through full and
open competition by the use of competitive procedures. The regional
transit authority shall use the competitive procedure, as set forth
in divisions (B), (C), (D), and (E) of this section, that is most
appropriate under the circumstances of the procurement.

(B)
Competitive sealed bidding is the preferred method of procurement and
a regional transit authority shall use that method if all of the
following conditions exist:

(1)
A clear, complete
,

and adequate description of the goods, services, or work is
available;

(2)
Time permits the solicitation, submission, and evaluation of sealed
bids;

(3)
The award will be made on the basis of price and other price-related
factors;

(4)
It is not necessary to conduct discussions with responding offerors
about their bids;

(5)
There is a reasonable expectation of receiving more than one sealed
bid.

A
regional transit authority shall publish a notice calling for bids
once a week for no less than two consecutive weeks in a newspaper of
general circulation within the territorial boundaries of the regional
transit authority, or as provided in section 7.16 of the Revised
Code. A regional transit authority may require that a bidder for any
contract other than a construction contract provide a bid guaranty in
the form, quality, and amount considered appropriate by the regional
transit authority. The board may let the contract to the lowest
responsive and responsible bidder. Where fewer than two responsive
bids are received, a regional transit authority may negotiate price
with the sole responsive bidder or may rescind the solicitation and
procure under division (H)(2) of this section.

(C)
A regional transit authority may use two-step competitive bidding,
consisting of a technical proposal and a separate, subsequent sealed
price bid from those submitting acceptable technical proposals, if
both of the following conditions exist:

(1)
A clear, complete, and adequate description of the goods, services,
or work is not available, but definite criteria exist for the
evaluation of technical proposals;

(2)
It is necessary to conduct discussions with responding offerors.

A
regional transit authority shall publish a notice calling for
technical proposals once a week for no less than two consecutive
weeks in a newspaper of general circulation within the territorial
boundaries of the regional transit authority, or as provided in
section 7.16 of the Revised Code. A regional transit authority may
require a bid guaranty in the form, quality, and amount the regional
transit authority considers appropriate. The board may let the
contract to the lowest responsive and responsible bidder. Where fewer
than two responsive and responsible bids are received, a regional
transit authority may negotiate price with the sole responsive and
responsible bidder or may rescind the solicitation and procure under
division (H)(2) of this section.

(D)
A regional transit authority shall make a procurement by competitive
proposals if competitive sealed bidding or two-step competitive
bidding is not appropriate.

A
regional transit authority shall publish a notice calling for
proposals once a week for no less than two consecutive weeks in a
newspaper of general circulation within the territorial boundaries of
the regional transit authority, or as provided in section 7.16 of the
Revised Code. A regional transit authority may require a proposal
guaranty in the form, quality, and amount considered appropriate by
the regional transit authority. The board may let the contract to the
proposer making the offer considered most advantageous to the
authority. Where fewer than two competent proposals are received, a
regional transit authority may negotiate price and terms with the
sole proposer or may rescind the solicitation and procure under
division (H)(2) of this section.

(E)(1)
A regional transit authority shall procure the services of an
architect or engineer in the manner prescribed by the "Federal
Mass Transportation Act of 1987," Public Law No. 100-17, section
316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608 and the services
of a construction manager in the manner prescribed by sections 9.33
to 9.332 of the Revised Code.

(2)
A regional transit authority may procure revenue rolling stock in the
manner prescribed by division (B), (C), or (D) of this section.

(3)
All contracts for construction in excess of one hundred thousand
dollars shall be made only after the regional transit authority has
published a notice calling for bids once a week for two consecutive
weeks in a newspaper of general circulation within the territorial
boundaries of the regional transit authority, or as provided in
section 7.16 of the Revised Code. The board may award a contract to
the lowest responsive and responsible bidder. Where only one
responsive and responsible bid is received, the regional transit
authority may negotiate price with the sole responsive bidder or may
rescind the solicitation. The regional transit authority shall award
construction contracts in accordance with sections 153.12 to 153.14
and 153.54 of the Revised Code. Divisions (B) and (C) of this section
shall not apply to the award of contracts for construction.

(F)
(F)(1)
As used in division (F)(2) of this section, "simplified
acquisition threshold" means the amount set forth in 41 U.S.C.
134.

(2)

The
board may adopt a policy on whether board approval is required to
enter into a contract involving expenditures below the simplified
acquisition threshold. The board shall approve all contracts
involving expenditures at or above the simplified acquisition
threshold.

(3)

All
contracts involving expenditures in excess of
one
hundred thousand dollars
the
amount for which board approval is required
shall
be in writing and shall be accompanied by or shall refer to plans and
specifications for the work to be done. The plans and specifications
shall at all times be made and considered part of the contract. For
all contracts other than construction contracts, a regional transit
authority may require performance, payment, or maintenance guaranties
or any combination of such guaranties in the form, quality, and
amount it considers appropriate. The contract shall be approved by
the board and signed on behalf of the regional transit authority and
by the contractor.

(G)
In making a contract, a regional transit authority may give
preference to goods produced in the United States in accordance with
the Buy America requirements in the "Surface Transportation
Assistance Act of 1982," Public Law No. 97-424, section 165, 96
Stat. 2097, 23 U.S.C.A. 101 note, as amended, and the rules adopted
thereunder. The regional transit authority also may give preference
to providers of goods produced in and services provided in labor
surplus areas as defined by the United States department of labor in
41 U.S.C.A. 401 note, Executive Order No. 12073, August 16, 1978, 43
Fed. Reg. 36873, as amended.

(H)
Competitive procedures under this section are not required in any of
the following circumstances:

(1)
The board of trustees of a regional transit authority, by a
two-thirds affirmative vote of its members, determines that a real
and present emergency exists under any of the following conditions,
and the board enters its determination and the reasons for it in its
proceedings:

(a)
Affecting safety, welfare, or the ability to deliver transportation
services;

(b)
Arising out of an interruption of contracts essential to the
provision of daily transit services;

(c)
Involving actual physical damage to structures, supplies, equipment,
or property.

(2)
The purchase consists of goods or services, or any combination
thereof, and after reasonable inquiry the board or any officer or
employee the board designates finds that only one source of supply is
reasonably available.

(3)
The expenditure is for a renewal or renegotiation of a lease or
license for telecommunications or electronic data processing
equipment, services, or systems, or for the upgrade of such
equipment, services, or systems, or for the maintenance thereof as
supplied by the original source or its successors or assigns.

(4)
The purchase of goods or services is made from another political
subdivision, public agency, public transit system, regional transit
authority, the state, or the federal government, or as a third-party
beneficiary under a state or federal procurement contract, or as a
participant in a department of administrative services contract under
division (B) of section 125.04 of the Revised Code.

(5)
The sale and leaseback or lease and leaseback of transit facilities
is made as provided in division (AA) of section 306.35 of the Revised
Code.

(6)
The purchase substantially involves services of a personal,
professional, highly technical, or scientific nature, including but
not limited to the services of an attorney, physician, surveyor,
appraiser, investigator, court reporter, adjuster, advertising
consultant, or licensed broker, or involves the special skills or
proprietary knowledge required for the servicing of specialized
equipment owned by the regional transit authority.

(7)
Services or supplies are available from a qualified nonprofit agency
pursuant to sections 4115.31 to 4115.35 of the Revised Code.

(8)
The purchase consists of the product or services of a public utility.

(9)
The purchase is for the services of individuals with disabilities to
work in the authority's commissaries or cafeterias, and those
individuals are supplied by a nonprofit corporation or association
whose purpose is to assist individuals with disabilities, whether or
not that corporation or association is funded entirely or in part by
the federal government, or the purchase is for services provided by a
nonprofit corporation or association whose purpose is to assist
individuals with disabilities, whether or not that corporation or
association is funded entirely or in part by the federal government.
For purposes of division (H)(9) of this section, "disability"
has the same meaning as in section 4112.01 of the Revised Code.

(I)
A regional transit authority may enter into blanket purchase
agreements for purchases of maintenance, operating, or repair goods
or services where the item cost does not exceed five hundred dollars
and the annual expenditure does not exceed one hundred thousand
dollars.

(J)
Nothing contained in this section prohibits a regional transit
authority from participating in intergovernmental cooperative
purchasing arrangements.

(K)
Except as otherwise provided in this chapter, a regional transit
authority shall make a sale or other disposition of property through
full and open competition. Except as provided in division (L) of this
section, all dispositions of personal property and all grants of real
property for terms exceeding five years shall be made by public
auction or competitive procedure.

(L)
The competitive procedures required by division (K) of this section
are not required in any of the following circumstances:

(1)
The grant is a component of a joint development between public and
private entities and is intended to enhance or benefit public
transit.

(2)
The grant of a limited use or of a license affecting land is made to
an owner of abutting real property.

(3)
The grant of a limited use is made to a public utility.

(4)
The grant or disposition is to a department of the federal or state
government, to a political subdivision of the state, or to any other
governmental entity.

(5)
Used equipment is traded on the purchase of equipment and the value
of the used equipment is a price-related factor in the basis for
award for the purchase.

(6)
The value of the personal property is such that competitive
procedures are not appropriate and the property either is sold at its
fair market value or is disposed of by gift to a nonprofit entity
having the general welfare or education of the public as one of its
principal objects.

(M)
The board of trustees of a regional transit authority, when making a
contract funded exclusively by state or local moneys or any
combination thereof, shall make a good faith effort to use
disadvantaged business enterprise participation to the same extent
required under Section 105(f) of the "Surface Transportation
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100,
and Section 106(c) of the "Surface Transportation and Uniform
Relocation Assistance Act of 1987," Public Law No. 100-17, 101
Stat. 145, and the rules adopted thereunder.

(N)
As used in this section:

(1)
"Goods" means all things, including specially manufactured
goods, that are movable at the time of identification to the contract
for sale other than the money in which the price is to be paid,
investment securities, and things in action. "Goods" also
includes other identified things attached to realty as described in
section 1302.03 of the Revised Code.

(2)
"Services" means the furnishing of labor, time, or effort
by a contractor, not involving the delivery of goods or reports other
than goods or reports that are merely incidental to the required
performance, including but not limited to insurance, bonding, or
routine operation, routine repair, or routine maintenance of existing
structures, buildings, real property, or equipment, but does not
include employment agreements, collective bargaining agreements, or
personal services.

(3)
"Construction" means the process of building, altering,
repairing, improving, painting, decorating, or demolishing any
structure or building, or other improvements of any kind to any real
property owned or leased by a regional transit authority.

(4)
"Full and open competition" has the same meaning as in the
"Office of Federal Procurement Policy Act," Public Law No.
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.

(5)
A bidder is "responsive" if, applying the criteria of
division (A) of section 9.312 of the Revised Code, the bidder is
"responsive" as described in that section.

(6)
A bidder is "responsible" if, applying the criteria of
division (B) of section 9.312 of the Revised Code and of the "Office
of Federal Procurement Policy Act," Public Law No. 98-369,
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is
"responsible" as described in those sections.

Sec.
717.02.
(A)
As used in this section:

(1)
"Energy conservation measure" means the construction of,
installation or modification of an installation in, or remodeling of,
a new or existing building or infrastructure, to reduce energy
consumption. It includes:

(a)
Insulation of the building structure and of systems within the
building;

(b)
Storm windows and doors, multiglazed windows and doors,
heat-absorbing or heat-reflective glazed and coated window and door
systems, additional glazing, reductions in glass area, and other
window and door system modifications that reduce energy consumption;

(c)
Automatic energy control systems;

(d)
Heating, ventilating, or air conditioning system modifications or
replacements;

(e)
Caulking and weatherstripping;

(f)
Replacement or modification of lighting fixtures to increase the
energy efficiency of the system without increasing the overall
illumination of a facility, unless such an increase in illumination
is necessary to conform to the applicable state or local building
code for the proposed lighting system;

(g)
Energy recovery systems;

(h)
Cogeneration systems that produce steam or forms of energy such as
heat, as well as electricity, for use primarily within a building or
complex of buildings;

(i)
Acquiring, constructing, furnishing, equipping, improving the site
of, or otherwise improving a central utility plant to provide heating
and cooling services to a building or building infrastructure
together with distribution piping and ancillary distribution
controls, equipment, and related facilities from the central utility
plant to the building or building infrastructure;

(j)
Meter replacement, installation of an automatic meter reading system,
or any other construction, modification, installation, or remodeling
of water, electric, gas, or any other municipally supplied utility
system;

(k)
Any other construction, modification, installation, or remodeling
approved by the legislative authority of the municipal corporation as
an energy conservation measure.

(2)
"Infrastructure" includes, but is not limited to, a water,
gas, or electric utility, renewable energy system or technology,

highway

traffic

control

signal,
or any other asset owned, operated, or maintained by a municipal
corporation.

(B)
For the purpose of evaluating buildings owned by a municipal
corporation for energy conservation measures, a legislative authority
of a municipal corporation may contract with an architect,
professional engineer, energy services company, contractor, or other
person experienced in the design and implementation of energy
conservation measures for an energy conservation report. The report
shall include all of the following:

(1)
Analyses of the energy needs of the buildings owned by that municipal
corporation and recommendations for building installations,
modifications of existing installations, or building remodeling that
would significantly reduce energy consumption in the buildings;

(2)
Estimates of all costs of the recommended installations,
modifications, or remodeling, including costs of design, engineering,
installation, maintenance, and repair;

(3)
Estimates of the amounts by which energy consumption could be
reduced;

(4)
The interest rate used to estimate the costs of any energy
conservation measures that are to be financed by the municipal
corporation;

(5)
The average system life of the energy conservation measures;

(6)
Estimates of the likely savings that will result from the reduction
in energy consumption over the average system life of the energy
conservation measures, including the methods used to estimate the
savings;

(7)
A certification under the seal of a registered professional engineer
that the energy conservation report uses reasonable methods of
analysis and estimation.

(C)(1)
A municipal corporation desiring to implement energy conservation
measures may proceed under any of the following methods:

(a)
Procure the energy conservation measures in any manner authorized by
the municipal corporation's charter, ordinances, or any other
existing authority;

(b)
Advertise for bids using a report or any part of an energy
conservation report prepared under division (B) of this section, and,
except as otherwise provided in this section, comply with competitive
bidding requirements;

(c)
Notwithstanding any requirement in the Revised Code that requires
competitive bidding or specifies bidding procedures, request
proposals from at least three vendors for the implementation of
energy conservation measures. A request for proposals shall require
the vendor that is awarded a contract under division (C)(2)(b) of
this section to prepare an energy conservation report in accordance
with division (B) of this section.

Prior
to sending any vendor a copy of any request for proposals, the
legislative authority shall advertise its intent to request proposals
for the installation of energy conservation measures in a newspaper
of general circulation in the municipal corporation once a week for
two consecutive weeks. The notice shall state that the legislative
authority intends to request proposals for the installation of energy
conservation measures, indicate the date on which the request for
proposals will be mailed to vendors, which shall be at least ten days
after the second publication in the newspaper, and state that any
vendor interested in receiving the request for proposals shall submit
written notice to the legislative authority not later than noon of
the day on which the request for proposals is to be mailed.

(2)(a)
Upon receiving bids under division (C)(1)(b) of this section, the
legislative authority shall analyze them and select the lowest and
best bid or bids most likely to result in the greatest energy savings
considering the cost of the project and the legislative authority's
ability to pay for the improvements with current revenues or by
financing the improvements.

(b)
Upon receiving proposals under division (C)(1)(c) of this section,
the legislative authority shall analyze the proposals and the
vendors' qualifications and select the most qualified vendor to
prepare an energy conservation report in accordance with division (B)
of this section. After receipt and review of the energy conservation
report, the legislative authority may award a contract to the
selected vendor to install the energy conservation measures that are
most likely to result in the greatest energy savings considering the
cost of the project and the legislative authority's ability to pay
for the improvements with current revenues or by financing the
improvements.

(c)
The awarding of a contract to install energy conservation measures
under division (C)(2)(a) or (b) of this section shall be conditioned
upon a finding by the contracting authority that the amount of money
spent on energy conservation measures is not likely to exceed the
amount of money the municipal corporation would save in energy,
operating, maintenance, and avoided capital costs over the average
system life of the energy conservation measures as specified in the
energy conservation report. In making such a finding, the contracting
authority may take into account the increased costs due to inflation
as shown in the energy conservation report. Nothing in this division
prohibits a municipal corporation from rejecting all bids or
proposals under division (C)(1)(b) or (c) of this section or from
selecting more than one bid or proposal.

(D)
The legislative authority of a municipal corporation may enter into
an installment payment contract for the purchase and installation of
energy conservation measures. Provisions of installment payment
contracts that deal with interest charges and financing terms shall
not be subject to competitive bidding requirements and shall be on
the following terms:

(1)
Not less than a specified percentage of the costs of the contract
shall be paid within two years from the date of purchase, as
determined and approved by the legislative authority of a municipal
corporation.

(2)
The remaining balance of the costs of the contract shall be paid
within the lesser of the average system life of the energy
conservation measures as specified in the energy conservation report
or thirty years.

(E)
The legislative authority of a municipal corporation may issue the
notes of the municipal corporation specifying the terms of a purchase
of energy conservation measures under this section and securing any
deferred payments provided for in division
(C)
(D)

of this section. The notes shall be payable at the times provided and
bear interest at a rate not exceeding the rate determined as provided
in section 9.95 of the Revised Code. The notes may contain an option
for prepayment and shall not be subject to Chapter 133. of the
Revised Code. Revenues derived from local taxes or otherwise, for the
purpose of conserving energy or for defraying the current operating
expenses of the municipal corporation, may be pledged and applied to
the payment of interest and the retirement of the notes. The notes
may be sold at private sale or given to the contractor under an
installment payment contract authorized by division
(C)
(D)

of this section.

(F)
Debt incurred under this section shall not be included in the
calculation of the net indebtedness of a municipal corporation under
section 133.05 of the Revised Code.

Sec.
1548.061.
(A)

Notwithstanding
any general requirement in this chapter to the effect that an
application for a certificate of title to a watercraft or outboard
motor shall be "sworn to" or shall be "sworn to before
a notary public or other officer empowered to administer oaths,"
that requirement shall apply only in the case of a transfer of a
watercraft or outboard motor between parties in the course of a sale
by a person other than a registered watercraft dealer, as defined in
section 1546.01 of the Revised Code, to a person who purchases the
watercraft or outboard motor for use as a consumer.

(B)(1)
Notwithstanding any provision of the Revised Code to the contrary
that requires a document to be "sworn to before" or "signed
in the presence of" a notary or other officer empowered to
administer oaths, when a registered watercraft dealer is a party to
the transfer of a watercraft or outboard motor, no notarization is
required on any of the following as it relates to a watercraft or
outboard motor:

(a)
A certificate of title;

(b)
An assignment of ownership;

(c)
A power of attorney used for the purposes of titling;

(d)
Any document related to the titling that the dealer is required to
provide to a clerk of a court of common pleas.

(2)
A clerk of courts may request a notarized affidavit to make
corrections to the documents listed in division (B)(1) of this
section, if necessary.

(3)
All documents provided to a clerk of courts under division (B) of
this section may be signed electronically.

Sec.
1548.062.
(A)(1)
Notwithstanding section 1337.06 of the Revised Code, a registered
watercraft dealer, as defined in section 1546.01 of the Revised Code,
involved in a title transfer, or the employee or agent of the
registered watercraft dealer, may be granted power of attorney by the
principal to become the principal's attorney in fact.

(2)
The power of attorney granted under division (A)(1) of this section
may be used only when the granting instrument limits the power of the
attorney in fact to act on the principal's behalf for either of the
following:

(a)
Making an assignment of a certificate of title;

(b)
Completing an application for a certificate of title.

(3)
Such instrument shall state the following, as applicable, to which
the grant of power applies:

(a)
A description of the watercraft, including the make, year, length,
series or model, if any, body type, hull identification number or
serial number, and make, manufacturer's serial number, and horsepower
of any inboard motor;

(b)
A description of the outboard motor, including the make, year, series
or model, if any, manufacturer's serial number, and horsepower.

(B)
The power of attorney is exempt from the requirements of notarization
and verification as described in this chapter and in section 1337.25
of the Revised Code, and the documents may be signed electronically.
This power of attorney shall be presented to the clerk of the court
of common pleas when used to transfer title to a watercraft or
outboard motor and shall be retained by the clerk in the same manner
that a certificate of title is retained.

Sec.
2935.03.
(A)(1)
A sheriff, deputy sheriff, marshal, deputy marshal, municipal police
officer, township constable, police officer of a township or joint
police district, member of a police force employed by a metropolitan
housing authority under division (D) of section 3735.31 of the
Revised Code, member of a police force employed by a regional transit
authority under division (Y) of section 306.35 of the Revised Code,
state university law enforcement officer appointed under section
3345.04 of the Revised Code, veterans' home police officer appointed
under section 5907.02 of the Revised Code, special police officer
employed by a port authority under section 4582.04 or 4582.28 of the
Revised Code, or a special police officer employed by a municipal
corporation at a municipal airport, or other municipal air navigation
facility, that has scheduled operations, as defined in section 119.3
of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as
amended, and that is required to be under a security program and is
governed by aviation security rules of the transportation security
administration of the United States department of transportation as
provided in Parts 1542. and 1544. of Title 49 of the Code of Federal
Regulations, as amended, shall arrest and detain, until a warrant can
be obtained, a person found violating, within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority
facilities
or areas of a municipal corporation that have been agreed to by a
regional transit authority and a municipal corporation located within
its territorial
police
department's
jurisdiction

under Chapter 306. of the Revised Code
,
college, university, veterans' home operated under Chapter 5907. of
the Revised Code, port authority, or municipal airport or other
municipal air navigation facility, in which the peace officer is
appointed, employed, or elected, a law of this state, an ordinance of
a municipal corporation, or a resolution of a township.

(2)
A peace officer of the department of natural resources, a state fire
marshal law enforcement officer described in division (A)(23) of
section 109.71 of the Revised Code, or an individual designated to
perform law enforcement duties under section 511.232, 1545.13, or
6101.75 of the Revised Code shall arrest and detain, until a warrant
can be obtained, a person found violating, within the limits of the
peace officer's, state fire marshal law enforcement officer's, or
individual's territorial jurisdiction, a law of this state.

(3)
The house sergeant at arms, if the house sergeant at arms has arrest
authority pursuant to division (E)(1) of section 101.311 of the
Revised Code, and an assistant house sergeant at arms shall arrest
and detain, until a warrant can be obtained, a person found
violating, within the limits of the sergeant at arms's or assistant
sergeant at arms's territorial jurisdiction specified in division
(D)(1)(a) of section 101.311 of the Revised Code or while providing
security pursuant to division (D)(1)(f) of section 101.311 of the
Revised Code, a law of this state, an ordinance of a municipal
corporation, or a resolution of a township.

(4)
The senate sergeant at arms and an assistant senate sergeant at arms
shall arrest and detain, until a warrant can be obtained, a person
found violating, within the limits of the sergeant at arms's or
assistant sergeant at arms's territorial jurisdiction specified in
division (B) of section 101.312 of the Revised Code, a law of this
state, an ordinance of a municipal corporation, or a resolution of a
township.

(B)(1)
When there is reasonable ground to believe that an offense of
violence, the offense of criminal child enticement as defined in
section 2905.05 of the Revised Code, the offense of public indecency
as defined in section 2907.09 of the Revised Code, the offense of
domestic violence as defined in section 2919.25 of the Revised Code,
the offense of violating a protection order as defined in section
2919.27 of the Revised Code, the offense of menacing by stalking as
defined in section 2903.211 of the Revised Code, the offense of
aggravated trespass as defined in section 2911.211 of the Revised
Code, a theft offense as defined in section 2913.01 of the Revised
Code, or a felony drug abuse offense as defined in section 2925.01 of
the Revised Code, has been committed within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority
facilities
or those areas of a municipal corporation that have been agreed to by
a regional transit authority and a municipal corporation located
within its territorial
police
department's
jurisdiction

under Chapter 306. of the Revised Code
,
college, university, veterans' home operated under Chapter 5907. of
the Revised Code, port authority, or municipal airport or other
municipal air navigation facility, in which the peace officer is
appointed, employed, or elected or within the limits of the
territorial jurisdiction of the peace officer, a peace officer
described in division (A) of this section may arrest and detain until
a warrant can be obtained any person who the peace officer has
reasonable cause to believe is guilty of the violation.

(2)
For purposes of division (B)(1) of this section, the execution of any
of the following constitutes reasonable ground to believe that the
offense alleged in the statement was committed and reasonable cause
to believe that the person alleged in the statement to have committed
the offense is guilty of the violation:

(a)
A written statement by a person alleging that an alleged offender has
committed the offense of menacing by stalking or aggravated trespass;

(b)
A written statement by the administrator of the interstate compact on
mental health appointed under section 5119.71 of the Revised Code
alleging that a person who had been hospitalized, institutionalized,
or confined in any facility under an order made pursuant to or under
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised Code has escaped from the
facility, from confinement in a vehicle for transportation to or from
the facility, or from supervision by an employee of the facility that
is incidental to hospitalization, institutionalization, or
confinement in the facility and that occurs outside of the facility,
in violation of section 2921.34 of the Revised Code;

(c)
A written statement by the administrator of any facility in which a
person has been hospitalized, institutionalized, or confined under an
order made pursuant to or under authority of section 2945.37,
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the
Revised Code alleging that the person has escaped from the facility,
from confinement in a vehicle for transportation to or from the
facility, or from supervision by an employee of the facility that is
incidental to hospitalization, institutionalization, or confinement
in the facility and that occurs outside of the facility, in violation
of section 2921.34 of the Revised Code.

(3)(a)
For purposes of division (B)(1) of this section, a peace officer
described in division (A) of this section has reasonable grounds to
believe that the offense of domestic violence or the offense of
violating a protection order has been committed and reasonable cause
to believe that a particular person is guilty of committing the
offense if any of the following occurs:

(i)
A person executes a written statement alleging that the person in
question has committed the offense of domestic violence or the
offense of violating a protection order against the person who
executes the statement or against a child of the person who executes
the statement.

(ii)
No written statement of the type described in division (B)(3)(a)(i)
of this section is executed, but the peace officer, based upon the
peace officer's own knowledge and observation of the facts and
circumstances of the alleged incident of the offense of domestic
violence or the alleged incident of the offense of violating a
protection order or based upon any other information, including, but
not limited to, any reasonably trustworthy information given to the
peace officer by the alleged victim of the alleged incident of the
offense or any witness of the alleged incident of the offense,
concludes that there are reasonable grounds to believe that the
offense of domestic violence or the offense of violating a protection
order has been committed and reasonable cause to believe that the
person in question is guilty of committing the offense.

(iii)
No written statement of the type described in division (B)(3)(a)(i)
of this section is executed, but the peace officer witnessed the
person in question commit the offense of domestic violence or the
offense of violating a protection order.

(b)
If pursuant to division (B)(3)(a) of this section a peace officer has
reasonable grounds to believe that the offense of domestic violence
or the offense of violating a protection order has been committed and
reasonable cause to believe that a particular person is guilty of
committing the offense, it is the preferred course of action in this
state that the officer arrest and detain that person pursuant to
division (B)(1) of this section until a warrant can be obtained.

If
pursuant to division (B)(3)(a) of this section a peace officer has
reasonable grounds to believe that the offense of domestic violence
or the offense of violating a protection order has been committed and
reasonable cause to believe that family or household members have
committed the offense against each other, it is the preferred course
of action in this state that the officer, pursuant to division (B)(1)
of this section, arrest and detain until a warrant can be obtained
the family or household member who committed the offense and whom the
officer has reasonable cause to believe is the primary physical
aggressor. There is no preferred course of action in this state
regarding any other family or household member who committed the
offense and whom the officer does not have reasonable cause to
believe is the primary physical aggressor, but, pursuant to division
(B)(1) of this section, the peace officer may arrest and detain until
a warrant can be obtained any other family or household member who
committed the offense and whom the officer does not have reasonable
cause to believe is the primary physical aggressor.

(c)
If a peace officer described in division (A) of this section does not
arrest and detain a person whom the officer has reasonable cause to
believe committed the offense of domestic violence or the offense of
violating a protection order when it is the preferred course of
action in this state pursuant to division (B)(3)(b) of this section
that the officer arrest that person, the officer shall articulate in
the written report of the incident required by section 2935.032 of
the Revised Code a clear statement of the officer's reasons for not
arresting and detaining that person until a warrant can be obtained.

(d)
In determining for purposes of division (B)(3)(b) of this section
which family or household member is the primary physical aggressor in
a situation in which family or household members have committed the
offense of domestic violence or the offense of violating a protection
order against each other, a peace officer described in division (A)
of this section, in addition to any other relevant circumstances,
should consider all of the following:

(i)
Any history of domestic violence or of any other violent acts by
either person involved in the alleged offense that the officer
reasonably can ascertain;

(ii)
If violence is alleged, whether the alleged violence was caused by a
person acting in self-defense;

(iii)
Each person's fear of physical harm, if any, resulting from the other
person's threatened use of force against any person or resulting from
the other person's use or history of the use of force against any
person, and the reasonableness of that fear;

(iv)
The comparative severity of any injuries suffered by the persons
involved in the alleged offense.

(e)(i)
A peace officer described in division (A) of this section shall not
require, as a prerequisite to arresting or charging a person who has
committed the offense of domestic violence or the offense of
violating a protection order, that the victim of the offense
specifically consent to the filing of charges against the person who
has committed the offense or sign a complaint against the person who
has committed the offense.

(ii)
If a person is arrested for or charged with committing the offense of
domestic violence or the offense of violating a protection order and
if the victim of the offense does not cooperate with the involved law
enforcement or prosecuting authorities in the prosecution of the
offense or, subsequent to the arrest or the filing of the charges,
informs the involved law enforcement or prosecuting authorities that
the victim does not wish the prosecution of the offense to continue
or wishes to drop charges against the alleged offender relative to
the offense, the involved prosecuting authorities, in determining
whether to continue with the prosecution of the offense or whether to
dismiss charges against the alleged offender relative to the offense
and notwithstanding the victim's failure to cooperate or the victim's
wishes, shall consider all facts and circumstances that are relevant
to the offense, including, but not limited to, the statements and
observations of the peace officers who responded to the incident that
resulted in the arrest or filing of the charges and of all witnesses
to that incident.

(f)
In determining pursuant to divisions (B)(3)(a) to (g) of this section
whether to arrest a person pursuant to division (B)(1) of this
section, a peace officer described in division (A) of this section
shall not consider as a factor any possible shortage of cell space at
the detention facility to which the person will be taken subsequent
to the person's arrest or any possibility that the person's arrest
might cause, contribute to, or exacerbate overcrowding at that
detention facility or at any other detention facility.

(g)
If a peace officer described in division (A) of this section intends
pursuant to divisions (B)(3)(a) to (g) of this section to arrest a
person pursuant to division (B)(1) of this section and if the officer
is unable to do so because the person is not present, the officer
promptly shall seek a warrant for the arrest of the person.

(h)
If a peace officer described in division (A) of this section responds
to a report of an alleged incident of the offense of domestic
violence or an alleged incident of the offense of violating a
protection order and if the circumstances of the incident involved
the use or threatened use of a deadly weapon or any person involved
in the incident brandished a deadly weapon during or in relation to
the incident, the deadly weapon that was used, threatened to be used,
or brandished constitutes contraband, and, to the extent possible,
the officer shall seize the deadly weapon as contraband pursuant to
Chapter 2981. of the Revised Code. Upon the seizure of a deadly
weapon pursuant to division (B)(3)(h) of this section, section
2981.12 of the Revised Code shall apply regarding the treatment and
disposition of the deadly weapon. For purposes of that section, the
"underlying criminal offense" that was the basis of the
seizure of a deadly weapon under division (B)(3)(h) of this section
and to which the deadly weapon had a relationship is any of the
following that is applicable:

(i)
The alleged incident of the offense of domestic violence or the
alleged incident of the offense of violating a protection order to
which the officer who seized the deadly weapon responded;

(ii)
Any offense that arose out of the same facts and circumstances as the
report of the alleged incident of the offense of domestic violence or
the alleged incident of the offense of violating a protection order
to which the officer who seized the deadly weapon responded.

(4)
If, in the circumstances described in divisions (B)(3)(a) to (g) of
this section, a peace officer described in division (A) of this
section arrests and detains a person pursuant to division (B)(1) of
this section, or if, pursuant to division (B)(3)(h) of this section,
a peace officer described in division (A) of this section seizes a
deadly weapon, the officer, to the extent described in and in
accordance with section 9.86 or 2744.03 of the Revised Code, is
immune in any civil action for damages for injury, death, or loss to
person or property that arises from or is related to the arrest and
detention or the seizure.

(C)
When there is reasonable ground to believe that a violation of
division (A)(1), (2), (3), (4), or (5) of section 4506.15 or a
violation of section 4511.19 of the Revised Code has been committed
by a person operating a motor vehicle subject to regulation by the
public utilities commission of Ohio under Title XLIX of the Revised
Code, a peace officer with authority to enforce that provision of law
may stop or detain the person whom the officer has reasonable cause
to believe was operating the motor vehicle in violation of the
division or section and, after investigating the circumstances
surrounding the operation of the vehicle, may arrest and detain the
person.

(D)
If a sheriff, deputy sheriff, marshal, deputy marshal, municipal
police officer, member of a police force employed by a metropolitan
housing authority under division (D) of section 3735.31 of the
Revised Code, member of a police force employed by a regional transit
authority under division (Y) of section 306.35 of the Revised Code,
special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code, special police officer
employed by a municipal corporation at a municipal airport or other
municipal air navigation facility described in division (A) of this
section, township constable, police officer of a township or joint
police district, state university law enforcement officer appointed
under section 3345.04 of the Revised Code, peace officer of the
department of natural resources, individual designated to perform law
enforcement duties under section 511.232, 1545.13, or 6101.75 of the
Revised Code, the house sergeant at arms if the house sergeant at
arms has arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code, or an assistant house sergeant at arms
is authorized by division (A) or (B) of this section to arrest and
detain, within the limits of the political subdivision, metropolitan
housing authority housing project, regional transit authority

facilities
or those areas of a municipal corporation that have been agreed to by
a regional transit authority and a municipal corporation located
within its territorial
police
department's
jurisdiction

under Chapter 306. of the Revised Code
,
port authority, municipal airport or other municipal air navigation
facility, college, or university in which the officer is appointed,
employed, or elected or within the limits of the territorial
jurisdiction of the peace officer, a person until a warrant can be
obtained, the peace officer, outside the limits of that territory,
may pursue, arrest, and detain that person until a warrant can be
obtained if all of the following apply:

(1)
The pursuit takes place without unreasonable delay after the offense
is committed;

(2)
The pursuit is initiated within the limits of the political
subdivision, metropolitan housing authority housing project, regional
transit authority
facilities
or those areas of a municipal corporation that have been agreed to by
a regional transit authority and a municipal corporation located
within its territorial
police
department's
jurisdiction

under Chapter 306. of the Revised Code
,
port authority, municipal airport or other municipal air navigation
facility, college, or university in which the peace officer is
appointed, employed, or elected or within the limits of the
territorial jurisdiction of the peace officer;

(3)
The offense involved is a felony, a misdemeanor of the first degree
or a substantially equivalent municipal ordinance, a misdemeanor of
the second degree or a substantially equivalent municipal ordinance,
or any offense for which points are chargeable pursuant to section
4510.036 of the Revised Code.

(E)
In addition to the authority granted under division (A) or (B) of
this section:

(1)
A sheriff or deputy sheriff may arrest and detain, until a warrant
can be obtained, any person found violating section 4503.11, 4503.21,
or 4549.01, sections 4549.08 to 4549.12, section 4549.62, or Chapter
4511. or 4513. of the Revised Code on the portion of any street or
highway that is located immediately adjacent to the boundaries of the
county in which the sheriff or deputy sheriff is elected or
appointed.

(2)
A member of the police force of a township police district created
under section 505.48 of the Revised Code, a member of the police
force of a joint police district created under section 505.482 of the
Revised Code, or a township constable appointed in accordance with
section 509.01 of the Revised Code, who has received a certificate
from the Ohio peace officer training commission under section 109.75
of the Revised Code, may arrest and detain, until a warrant can be
obtained, any person found violating any section or chapter of the
Revised Code listed in division (E)(1) of this section, other than
sections 4513.33 and 4513.34 of the Revised Code, on the portion of
any street or highway that is located immediately adjacent to the
boundaries of the township police district or joint police district,
in the case of a member of a township police district or joint police
district police force, or the unincorporated territory of the
township, in the case of a township constable. However, if the
population of the township that created the township police district
served by the member's police force, or the townships and municipal
corporations that created the joint police district served by the
member's police force, or the township that is served by the township
constable, is sixty thousand or less, the member of the township
police district or joint police district police force or the township
constable may not make an arrest under division (E)(2) of this
section on a state highway that is included as part of the interstate
system.

(3)
A police officer or village marshal appointed, elected, or employed
by a municipal corporation may arrest and detain, until a warrant can
be obtained, any person found violating any section or chapter of the
Revised Code listed in division (E)(1) of this section on the portion
of any street or highway that is located immediately adjacent to the
boundaries of the municipal corporation in which the police officer
or village marshal is appointed, elected, or employed.

(4)
A peace officer of the department of natural resources, a state fire
marshal law enforcement officer described in division (A)(23) of
section 109.71 of the Revised Code, or an individual designated to
perform law enforcement duties under section 511.232, 1545.13, or
6101.75 of the Revised Code may arrest and detain, until a warrant
can be obtained, any person found violating any section or chapter of
the Revised Code listed in division (E)(1) of this section, other
than sections 4513.33 and 4513.34 of the Revised Code, on the portion
of any street or highway that is located immediately adjacent to the
boundaries of the lands and waters that constitute the territorial
jurisdiction of the peace officer or state fire marshal law
enforcement officer.

(F)(1)
A department of mental health and addiction services special police
officer or a department of developmental disabilities special police
officer may arrest without a warrant and detain until a warrant can
be obtained any person found committing on the premises of any
institution under the jurisdiction of the particular department a
misdemeanor under a law of the state.

A
department of mental health and addiction services special police
officer or a department of developmental disabilities special police
officer may arrest without a warrant and detain until a warrant can
be obtained any person who has been hospitalized, institutionalized,
or confined in an institution under the jurisdiction of the
particular department pursuant to or under authority of section
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402
of the Revised Code and who is found committing on the premises of
any institution under the jurisdiction of the particular department a
violation of section 2921.34 of the Revised Code that involves an
escape from the premises of the institution.

(2)(a)
If a department of mental health and addiction services special
police officer or a department of developmental disabilities special
police officer finds any person who has been hospitalized,
institutionalized, or confined in an institution under the
jurisdiction of the particular department pursuant to or under
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised Code committing a violation of
section 2921.34 of the Revised Code that involves an escape from the
premises of the institution, or if there is reasonable ground to
believe that a violation of section 2921.34 of the Revised Code has
been committed that involves an escape from the premises of an
institution under the jurisdiction of the department of mental health
and addiction services or the department of developmental
disabilities and if a department of mental health and addiction
services special police officer or a department of developmental
disabilities special police officer has reasonable cause to believe
that a particular person who has been hospitalized,
institutionalized, or confined in the institution pursuant to or
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of the
violation, the special police officer, outside of the premises of the
institution, may pursue, arrest, and detain that person for that
violation of section 2921.34 of the Revised Code, until a warrant can
be obtained, if both of the following apply:

(i)
The pursuit takes place without unreasonable delay after the offense
is committed;

(ii)
The pursuit is initiated within the premises of the institution from
which the violation of section 2921.34 of the Revised Code occurred.

(b)
For purposes of division (F)(2)(a) of this section, the execution of
a written statement by the administrator of the institution in which
a person had been hospitalized, institutionalized, or confined
pursuant to or under authority of section 2945.37, 2945.371, 2945.38,
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code alleging
that the person has escaped from the premises of the institution in
violation of section 2921.34 of the Revised Code constitutes
reasonable ground to believe that the violation was committed and
reasonable cause to believe that the person alleged in the statement
to have committed the offense is guilty of the violation.

(G)
As used in this section:

(1)
A "department of mental health and addiction services special
police officer" means a special police officer of the department
of mental health and addiction services designated under section
5119.08 of the Revised Code who is certified by the Ohio peace
officer training commission under section 109.77 of the Revised Code
as having successfully completed an approved peace officer basic
training program.

(2)
A "department of developmental disabilities special police
officer" means a special police officer of the department of
developmental disabilities designated under section 5123.13 of the
Revised Code who is certified by the Ohio peace officer training
council under section 109.77 of the Revised Code as having
successfully completed an approved peace officer basic training
program.

(3)
"Deadly weapon" has the same meaning as in section 2923.11
of the Revised Code.

(4)
"Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.

(5)
"Street" or "highway" has the same meaning as in
section 4511.01 of the Revised Code.

(6)
"Interstate system" has the same meaning as in section
5516.01 of the Revised Code.

(7)
"Peace officer of the department of natural resources"
means an employee of the department of natural resources who is a
natural resources law enforcement staff officer designated pursuant
to section 1501.013 of the Revised Code, a forest-fire investigator
appointed pursuant to section 1503.09 of the Revised Code, a natural
resources officer appointed pursuant to section 1501.24 of the
Revised Code, or a wildlife officer designated pursuant to section
1531.13 of the Revised Code.

(8)
"Portion of any street or highway" means all lanes of the
street or highway irrespective of direction of travel, including
designated turn lanes, and any berm, median, or shoulder.

Sec.
3503.11.
(A)(1)
When any person applies for a driver's license, commercial driver's
license, a state of Ohio identification card issued under section
4507.50 of the Revised Code, or motorcycle operator's license or
endorsement, or the renewal or duplicate of any license or
endorsement under Chapter 4506. or 4507. of the Revised Code,
and
the person presents proof of United States citizenship to
the
registrar of motor vehicles or
the

deputy
registrar
or
has previously presented proof of United States citizenship to the
registrar or any deputy registrar, the registrar or deputy registrar

shall
offer the applicant the opportunity to register to vote or to update
the applicant's voter registration by electronic means in conjunction
with the person's transaction with the registrar or deputy registrar,
in a manner prescribed by the secretary of state.

(2)
When any person submits a notice of change of address to the
registrar under division (C) of section 4507.09 of the Revised Code,
the registrar shall offer the applicant the opportunity to submit a
notice of change of address for voter registration purposes by
electronic means in conjunction with the person's transaction with
the registrar, in a manner prescribed by the secretary of state.

(3)
When a person registers to vote or updates the person's voter
registration under division (A)(1) or (2) of this section, the
registrar or deputy registrar shall electronically transmit the
person's signature that is on file with the bureau of motor vehicles
with the electronic record of the voter registration or update, and
that signature shall be considered the person's signature on the
voter registration or update and for all other election and
signature-matching purposes.

(B)
Within twenty-four hours after a person registers to vote or updates
the person's voter registration under division (A) of this section,
the registrar or deputy registrar shall transmit the electronic
record of the voter registration or update to the secretary of state
by electronic means in a manner prescribed by the secretary of state
by rule. Rules adopted under this division shall do all of the
following:

(1)
Prohibit any direct electronic connection between the office of the
registrar or a deputy registrar and the statewide voter registration
database;

(2)
Require any voter registration information to be verified by the
secretary of state or a board of elections before the information is
added to the statewide voter registration database;

(3)
Require the registrar or deputy registrar to electronically date
stamp each electronic record in a manner that does not disclose the
identity of the office that receives the voter registration or
update.

(C)(1)
The registrar of motor vehicles and each deputy registrar also shall
make available to all other customers paper voter registration
applications and update forms, but are not required to offer
assistance to customers in completing those forms. The bureau of
motor vehicles shall supply all of its deputy registrars with a
sufficient number of voter registration applications and update
forms.

(2)
Within five days after a person submits a completed paper voter
registration application or update form to the registrar or a deputy
registrar, the registrar or deputy registrar shall send the form to
the board of elections of the county in which the office of the
registrar or deputy registrar is located.

(D)
The registrar shall collect from each deputy registrar through the
reports filed under division (J) of section 4503.03 of the Revised
Code and transmit to the secretary of state information on the number
of voter registration applications and change of residence or change
of name forms completed or declined, and any additional information
required by the secretary of state to comply with the National Voter
Registration Act of 1993. No information relating to an applicant's
decision to decline to register or update the applicant's voter
registration at the office of the registrar or deputy registrar may
be used for any purpose other than voter registration record-keeping
required by the secretary of state, and all such information shall be
kept confidential.

Sec.
3704.14.
(A)(1)
If the director of environmental protection determines that
implementation of a motor vehicle inspection and maintenance program
is necessary for the state to effectively comply with the federal
Clean Air Act after June 30, 2023, the director may provide for the
implementation of the program in those counties in this state in
which such a program is federally mandated. Upon making such a
determination, the director of environmental protection may request
the director of administrative services to extend the terms of the
contract that was entered into under the authority of Am. Sub. H.B.
64 of the 131st general assembly. Upon receiving the request, the
director of administrative services shall extend the contract,
beginning on July 1, 2023, in accordance with this section. The
contract shall be extended for a period of up to twenty-four months
with the contractor who conducted the motor vehicle inspection and
maintenance program under that contract.

(2)
Prior to the expiration of the contract extension that is authorized
by division (A)(1) of this section, the director of environmental
protection shall request the director of administrative services to
enter into a contract with a vendor to operate a decentralized motor
vehicle inspection and maintenance program in each county in this
state in which such a program is federally mandated through June 30,
2027, with an option for the state to renew the contract for a period
of up to twenty-four months through June 30, 2029. The contract shall
ensure that the decentralized motor vehicle inspection and
maintenance program achieves at least the same emission reductions as
achieved by the program operated under the authority of the contract
that was extended under division (A)(1) of this section. The director
of administrative services shall select a vendor through a
competitive selection process in compliance with Chapter 125. of the
Revised Code.

(3)
Notwithstanding any law to the contrary, the director of
administrative services shall ensure that a competitive selection
process regarding a contract to operate a decentralized motor vehicle
inspection and maintenance program in this state incorporates the
following, which shall be included in the contract:

(a)
For purposes of expanding the number of testing locations for
consumer convenience, a requirement that the vendor utilize
established local businesses, auto repair facilities, or leased
properties to operate state-approved inspection and maintenance
testing facilities;

(b)
A requirement that the vendor selected to operate the program provide
notification of the program's requirements to each owner of a motor
vehicle that is required to be inspected under the program. The
contract shall require the notification to be provided not later than
sixty days prior to the date by which the owner of the motor vehicle
is required to have the motor vehicle inspected. The director of
environmental protection and the vendor shall jointly agree on the
content of the notice. However, the notice shall include at a minimum
the locations of all inspection facilities within a specified
distance of the address that is listed on the owner's motor vehicle
registration;

(c)
A requirement that the vendor comply with testing methodology and
supply the required equipment approved by the director of
environmental protection as specified in the competitive selection
process in compliance with Chapter 125. of the Revised Code.

(4)
A decentralized motor vehicle inspection and maintenance program
operated under this section shall comply with division (B) of this
section. The director of environmental protection shall administer
the decentralized motor vehicle inspection and maintenance program
operated under this section.

(B)
The
director
shall establish a
decentralized
motor vehicle inspection and maintenance program
as

authorized
by this section

and
,
at a minimum,

the director

shall
do

ensure
that the program does
all
of the following:

(1)

Comply

Complies

with
the federal Clean Air Act;

(2)

Provide

Provides

for
the issuance of inspection certificates

and alternative emissions certificates as specified in rules adopted
under division (C)(2) of this section
;

(3)

Provide

Provides

for
a new car exemption for motor vehicles
four

six

years
old or newer and
provide

provides

that
a new motor vehicle is exempt for
four

six

years
regardless of whether legal title to the motor vehicle is transferred
during that period;

(4)

Provide

Provides

for
an exemption for battery electric motor vehicles
;

(5)
Provides for an exemption for hybrid motor vehicles seven years old
or newer and provides that a hybrid motor vehicle is exempt for seven
years regardless of whether legal title to the motor vehicle is
transferred during that period
.

(C)(1)
The director of environmental protection shall adopt rules in
accordance with Chapter 119. of the Revised Code that the director
determines are necessary to implement this section. The director may
continue to implement and enforce rules pertaining to the motor
vehicle inspection and maintenance program previously implemented
under former section 3704.14 of the Revised Code as that section
existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of
the 126th general assembly, provided that the rules do not conflict
with this section.

(2)

The
director of environmental protection shall issue an inspection
certificate provided for under division (B)(2) of this section in
accordance with Chapter 4796. of the Revised Code to an applicant if
either of the following applies:

(a)
The individual holds a certificate or license in another state.

(b)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a vehicle inspector in a state that does not issue that
certificate.
The
rules adopted under division (C)(1) of this section shall provide for
the issuance of inspections certificates and alternative emissions
certificates. Under the rules, an inspection certificate shall be
issued to the owner or lessee of a motor vehicle when the motor
vehicle passes an emissions inspection conducted in accordance with
the motor vehicle inspection and maintenance program established
under this section. In lieu of obtaining an inspection certificate,
the rules shall establish a system by which the owner or lessee of a
motor vehicle may request an alternative emissions certificate from
the director.

(a)
The rules providing for the issuance of alternative emissions
certificates shall require an owner or lessee of a motor vehicle to
do the following in order to receive the certificate:

(i)
Complete and submit an attestation form created by the director that
includes a statement that reads substantially as follows:

"I,
_______, attest that, to the best of my knowledge, the motor vehicle
concerning which I am the owner or lessee complies with all laws of
Ohio and the United States governing motor vehicle emissions. I,
______, am aware that a false statement on this form is not
permitted."

(ii)
Sign and date the form either manually or electronically;

(iii)
Submit the form to the director either by regular mail, certified
mail, or electronically.

(b)
The rules shall require the director to include both of the following
additional information on the attestation form:

(i)
A provision that allows the owner or lessee of a motor vehicle to
specify one of the following methods by which the owner or lessee may
request delivery of the alternative emissions certificate: certified
mail, noncertified mail, or electronically;

(ii)
A provision that allows the owner or lessee of a motor vehicle to
specify the vehicle identification number, make, model, and year of
the relevant motor vehicle and the date the attestation form is
submitted to the director.

(c)
Subject to division (C)(2)(d) of this section, the rules shall
require the director to deliver an alternative emission certificate
to the owner or lessee of a motor vehicle who complies with rules
adopted under division (C)(2)(a) of this section. The director shall
deliver the certificate within thirty business days after the
director's receipt of the attestation form or, if the owner or lessee
submits the form electronically, within five business days after
receipt of the form. The director shall confirm the receipt of the
attestation form if the director receives it by electronic means.

(d)
The rules shall require the director to reject an attestation form
for any of the following reasons:

(i)
The motor vehicle that is the subject of the attestation form was in
an accident or collision within the two years prior to the date of
submission of the form, and the accident or collision caused
substantial damage to the internal structure of the motor vehicle.

(ii)
The owner or lessee of the motor vehicle that is the subject of the
attestation form has received a ticket, citation, or summons with
regard to that motor vehicle within the two years prior to the date
of submission of the form for a violation of section 4513.22 of the
Revised Code or substantially equivalent municipal ordinance.

(iii)
The information in the attestation form is determined by the director
to be false.

If
the director rejects an attestation form under division
(C)(2)(d)(iii) of this section, the director shall provide notice to
the owner or lessee that the attestation form was determined to be
false. The notice shall inform the owner or lessee that the owner or
lessee may submit a corrected form to the director within thirty days
of the receipt of the notice. If the owner or lessee submits a
corrected attestation form that complies with rules adopted under
division (C)(2) of this section within that thirty-day period, the
director shall issue an alternative emissions certificate to the
owner or lessee. If the owner or lessee fails to correct the
attestation form, the director shall require the owner or lessee to
complete an emissions inspection and obtain an inspection certificate
in accordance with rules adopted under this section.

If
the director rejects an attestation form under division (C)(2)(d)(i)
or (ii) of this section, the director shall require the owner or
lessee to complete an emissions inspection and obtain an inspection
certificate in accordance with rules adopted under this section.

(e)
In adopting rules under division (C)(2) of this section, the director
shall ensure that the owner or lessee of a motor vehicle who
falsifies an attestation form receives a notice that includes a
statement that reads substantially as follows: "You have
falsified an attestation form for your vehicle under the
E-Check/motor vehicle emissions testing program. Your vehicle is
registered in one of [insert the number of counties] counties in this
state that has federal emission mandates imposed on it that the State
of Ohio is required, under threat of penalty, to enforce. This letter
serves as Ohio's only penalty for falsification of an attestation
form. You have thirty days from the date of this notice to amend your
attestation form and submit the amended form to the Environmental
Protection Agency. However, if you choose not to submit an amended
attestation form, you must have a motor vehicle emissions inspection
conducted for your vehicle in accordance with section 3704.14 of the
Revised Code and rules adopted under it."

(f)
No penalties apply to a person who the director has determined to
have falsified an attestation form, other than the issuance of the
notice required under division (C)(2)(e) of this section.

(D)
There is hereby created in the state treasury the auto emissions test
fund, which shall consist of money received by the director from any
cash transfers, state and local grants, and other contributions that
are received for the purpose of funding the program established under
this section. The director of environmental protection shall use
money in the fund solely for the implementation, supervision,
administration, operation, and enforcement of the motor vehicle
inspection and maintenance program established under this section.
Money in the fund shall not be used for either of the following:

(1)
To pay for the inspection costs incurred by a motor vehicle dealer so
that the dealer may provide inspection certificates to an individual
purchasing a motor vehicle from the dealer when that individual
resides in a county that is subject to the motor vehicle inspection
and maintenance program;

(2)
To provide payment for more than one free passing emissions
inspection or a total of three emissions inspections for a motor
vehicle in any three-hundred-sixty-five-day period. The owner or
lessee of a motor vehicle is responsible for inspection fees that are
related to emissions inspections beyond one free passing emissions
inspection or three total emissions inspections in any
three-hundred-sixty-five-day period. Inspection fees that are charged
by a contractor conducting emissions inspections under a motor
vehicle inspection and maintenance program shall be approved by the
director of environmental protection.

(E)
The motor vehicle inspection and maintenance program established
under this section expires upon the termination of all contracts
entered into under this section and shall not be implemented beyond
the final date on which termination occurs.

(F)
As used in this section "battery electric motor vehicle"

has

and
"hybrid motor vehicle" have
the
same
meaning

meanings

as
in section 4501.01 of the Revised Code.

(G)
On the effective date of this amendment, the director shall
immediately begin procedures to submit to the United States
environmental protection agency the alternative emissions
certification program for approval as part of the Ohio state
implementation plan. If the United States environmental protection
agency approves the modification of the decentralized motor vehicle
inspection and maintenance program as providing sufficient air
pollution reductions to meet the federal Clean Air Act requirements
for a vehicle inspection and maintenance program and modifies the
Ohio state implementation plan, the director shall immediately begin
to modify the Ohio environmental protection agency rules to implement
the alternative emissions certification program. Nothing in this
division requires the Ohio environmental protection agency to take
action to implement the alternative emissions certification program
until the United States environmental protection agency approves the
alternative program as part of the Ohio state implementation plan.

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
has
the same meaning as in section 4511.01 of the Revised Code
.

(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 hybrid electric motor vehicle" means a passenger
car powered 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.

(HHH)
"Battery electric motor vehicle" means a passenger car
powered wholly by a battery cell energy system that can be recharged
via an external source of electricity.

(III)
"Adaptive mobility vehicle" means
either

a

new

passenger
car or bus
purchased
from a new motor vehicle dealer or a used passenger car or bus,
provided that such passenger car or bus
that

is
designed, modified, or equipped to enable an individual with a
disability to operate or to be transported in the passenger car or
bus, in accordance with 49 C.F.R. part 568 or 595, and contains at
least one of the following:

(1)
An electronic or mechanical lift that enables a person to enter or
exit the motor vehicle while occupying a wheelchair or scooter;

(2)
An electronic or mechanical wheelchair ramp;

(3)
A system to secure a wheelchair or scooter in order to allow a person
to operate or be transported safely while occupying that wheelchair
or scooter.

(JJJ)
"Replica motor vehicle" means a motor vehicle that is
constructed, assembled, or modified so as to replicate the make,
model, and model year of a motor vehicle that is at least twenty-five
years old.

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 sections 4503.103 and 4503.107 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.

(8)
Whether the applicant wishes to certify willingness to make an
anatomical gift if an applicant has not so certified under section
2108.05 of the Revised Code. The applicant's response shall not be
considered in the decision of whether to approve the application for
registration.

(B)(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.

(b)
The applicant may present for inspection an electronic certificate of
title for the applicant's motor vehicle in a manner prescribed by
rules adopted by the registrar.

(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.

(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
or
alternative emissions certificate
for
the motor vehicle issued in accordance with that section.

(3)
An application for registration shall be refused if any of the
following applies:

(a)
The application is not in proper form.

(b)
The application is prohibited from being accepted by division (D) of
section 2935.27, division (A) of section 4503.13, division (B) of
section 4510.22, division (D) of section 4503.234, division (B)(1) of
section 4521.10, or division (B) of section 5537.041 of the Revised
Code.

(c)
Proof of ownership is required but is not presented or confirmed in
accordance with division (B)(1) of this section.

(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.

(e)
The owner or lessee does not have an inspection certificate
or
alternative emissions 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.

(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.

(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
or
the alternative emissions certificate number from the alternative
emissions 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 section, the
registrar and each deputy registrar shall collect an additional fee
of eleven dollars for each application for registration and
registration renewal received. 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
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) and (3) 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 the following
additional fee, as applicable, for each application for registration
or registration renewal received for any hybrid motor vehicle,
plug-in hybrid electric motor vehicle, or battery electric motor
vehicle:

(a)
One hundred dollars for a hybrid motor vehicle;

(b)
One hundred fifty dollars for a plug-in hybrid electric motor
vehicle;

(c)
Two hundred dollars for a battery electric motor vehicle.

Each
fee imposed under this division shall be prorated based on the number
of months for which the vehicle is registered. The registrar shall
transmit all money arising from each fee 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.

(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

or alternative emissions certificate
,
and the stamping of the inspection certificate

or alternative emissions 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

or an alternative emissions 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.
4503.102.
(A)
The registrar of motor vehicles shall adopt rules to establish a
centralized system of motor vehicle registration renewal by mail or
by electronic means. Any person owning a motor vehicle that was
registered in the person's name during the preceding registration
year shall renew the registration of the motor vehicle not more than
ninety days prior to the expiration date of the registration either
by mail or by electronic means through the centralized system of
registration established under this section, or in person at any
office of the registrar or at a deputy registrar's office.

(B)(1)
Except as provided in division (B)(2) of this section, no less than
forty-five days prior to the expiration date of any motor vehicle
registration, the registrar shall mail a renewal notice to the person
in whose name the motor vehicle is registered. The renewal notice
shall clearly state that the registration of the motor vehicle may be
renewed by mail or electronic means through the centralized system of
registration or in person at any office of the registrar or at a
deputy registrar's office and shall be preprinted with information
including, but not limited to, the owner's name and residence address
as shown in the records of the bureau of motor vehicles, a brief
description of the motor vehicle to be registered, notice of the
license taxes and fees due on the motor vehicle, the toll-free
telephone number of the registrar as required under division (D)(1)
of section 4503.031 of the Revised Code, a statement that payment for
a renewal may be made by financial transaction device using the
toll-free telephone number, and any additional information the
registrar may require by rule. The renewal notice shall not include
the social security number of either the owner of the motor vehicle
or the person in whose name the motor vehicle is registered. The
renewal notice shall be sent by regular mail to the owner's last
known address as shown in the records of the bureau of motor
vehicles.

(2)
The registrar is not required to mail a renewal notice if either of
the following applies:

(a)
The owner of the vehicle has consented to receiving the renewal
notice by electronic means only.

(b)
The application for renewal of the registration of a motor vehicle is
prohibited from being accepted by the registrar or a deputy registrar
by division (D) of section 2935.27, division (A) of section 4503.13,
division (B) of section 4510.22, division (D) of section 4503.234,
division (B)(1) of section 4521.10, or division (B) of section
5537.041 of the Revised Code.

(3)
If the owner of a motor vehicle has consented to receiving a renewal
notice by electronic means only, the registrar shall send an
electronic renewal notice to the owner that contains the information
specified in division (B)(1) of this section at the time specified
under that division.

(C)
The owner of the motor vehicle shall verify the information contained
in the notice, sign it either manually or by electronic means, and
return it, either by mail or electronic means, or the owner may take
it in person to any office of the registrar or of a deputy registrar.
The owner shall include with the notice a financial transaction
device number when renewing in person or by electronic means but not
by mail, check, or money order in the amount of the registration
taxes and fees payable on the motor vehicle and a service fee equal
to the amount established under section 4503.038 of the Revised Code,
plus postage as indicated on the notice if the registration is
renewed or fulfilled by mail, and an inspection certificate
or
alternative emissions certificate
for
the motor vehicle as provided in section 3704.14 of the Revised Code.
For purposes of the centralized system of motor vehicle registration,
the registrar shall accept payments via the toll-free telephone
number established under division (D)(1) of section 4503.031 of the
Revised Code for renewals made by mail. If the motor vehicle owner
chooses to renew the motor vehicle registration by electronic means,
the owner shall proceed in accordance with the rules the registrar
adopts.

(D)
If 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, if division (D) of section 2935.27, division
(A) of section 4503.13, division (B) of section 4510.22, division (D)
of section 4503.234, division (B)(1) of section 4521.10, or division
(B) of section 5537.041 of the Revised Code prohibits acceptance of
the renewal notice, or if the owner or lessee does not have an
inspection certificate
or
alternative emissions certificate
for
the motor vehicle as provided in section 3704.14 of the Revised Code,
if that section is applicable, the license shall be refused, and the
registrar or deputy registrar shall so notify the owner. 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 section 4503.02, 4503.04, 4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised Code.

(E)(1)
Failure to receive a renewal notice does not relieve a motor vehicle
owner from the responsibility to renew the registration for the motor
vehicle. Any person who has a motor vehicle registered in this state
and who does not receive a renewal notice as provided in division (B)
of this section prior to the expiration date of the registration
shall request an application for registration from the registrar or a
deputy registrar and sign the application manually or by electronic
means and submit the application and pay any applicable license taxes
and fees to the registrar or deputy registrar.

(2)
If the owner of a motor vehicle submits an application for
registration and the registrar is prohibited by division (D) of
section 2935.27, division (A) of section 4503.13, division (B) of
section 4510.22, division (D) of section 4503.234, division (B)(1) of
section 4521.10, or division (B) of section 5537.041 of the Revised
Code from accepting the application, the registrar shall return the
application and the payment to the owner. If the owner of a motor
vehicle submits a registration renewal application to the registrar
by electronic means and the registrar is prohibited from accepting
the application as provided in this division, the registrar shall
notify the owner of this fact and deny the application and return the
payment or give a credit on the financial transaction device account
of the owner in the manner the registrar prescribes by rule adopted
pursuant to division (A) of this section.

(F)
Every deputy registrar shall post in a prominent place at the
deputy's office a notice informing the public of the mail
registration system required by this section and also shall post a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days after
the change occurs. The notice shall be in such form as the registrar
prescribes by rule.

(G)
The service fee equal to the amount established under section
4503.038 of the Revised Code that is collected from a person who
renews a motor vehicle registration by electronic means or by mail,
plus postage collected by the registrar and any financial transaction
device surcharge collected by the registrar, shall be paid to the
credit of the public safety - highway purposes fund established by
section 4501.06 of the Revised Code.

(H)(1)
Pursuant to section 113.40 of the Revised Code, the registrar shall
implement a program permitting payment of motor vehicle registration
taxes and fees, driver's license and commercial driver's license
fees, and any other taxes, fees, penalties, or charges imposed or
levied by the state by means of a financial transaction device for
transactions occurring online, at any office of the registrar, and at
all deputy registrar locations. The program shall take effect not
later than July 1, 2016. The registrar shall adopt rules as necessary
for this purpose, but all such rules are subject to any action,
policy, or procedure of the board of deposit or treasurer of state
taken or adopted under section 113.40 of the Revised Code.

(2)
The rules adopted under division (H)(1) of this section shall require
a deputy registrar to accept payments by means of a financial
transaction device beginning on the effective date of the rules
unless the deputy registrar contract entered into by the deputy
registrar prohibits the acceptance of such payments by financial
transaction device. However, commencing with deputy registrar
contract awards that have a start date of July 1, 2016, and for all
contract awards thereafter, the registrar shall require that the
proposer accept payment by means of a financial transaction device,
including credit cards and debit cards, for all department of public
safety transactions conducted at that deputy registrar location.

The
bureau and deputy registrars are not required to pay any costs that
result from accepting payment by means of a financial transaction
device. A deputy registrar may charge a person who tenders payment
for a department transaction by means of a financial transaction
device any cost the deputy registrar incurs from accepting payment by
the financial transaction device, but the deputy registrar shall not
require the person to pay any additional fee of any kind in
connection with the use by the person of the financial transaction
device.

(3)
In accordance with division (H)(1) of this section and rules adopted
by the registrar under that division, a county auditor or clerk of a
court of common pleas that is designated a deputy registrar shall
accept payment by means of a financial transaction device, including
credit cards and debit cards, for all department transactions
conducted at the office of the county auditor or clerk in the county
auditor's or clerk's capacity as deputy registrar. The bureau is not
required to pay any costs incurred by a county auditor or clerk that
result from accepting payment by means of a financial transaction
device for any department transaction.

(I)
For persons who reside in counties where tailpipe emissions
inspections are required under the motor vehicle inspection and
maintenance program, the notice required by division (B) of this
section shall also include the toll-free telephone number maintained
by the Ohio environmental protection agency to provide information
concerning the locations of emissions testing centers. The registrar
also shall include a statement in the notice that a battery electric
motor vehicle is not required to undergo emissions inspection under
the motor vehicle inspection and maintenance program established
under section 3704.14 of the Revised Code.

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
rate prescribed in either division (C)(1) or, beginning January 1,
2022, (C)(2) of section 4503.042 of the Revised Code to file a
written application for registration for any number of succeeding
registration years, including a permanent registration, for such
trailers or semitrailers.

At
the time of application, the applicant shall pay all of the
following:

(i)
As applicable, either the annual tax prescribed in division (C)(1) of
section 4503.042 of the Revised Code for each year for which the
applicant is registering or the annual tax prescribed in division
(C)(2) of section 4503.042 of the Revised Code, unless the applicant
previously paid the tax specified in division (C)(2) of that section
for the trailer or semitrailer being registered. However, an
applicant paying the annual tax under division (C)(1) of section
4503.042 of the Revised Code shall not pay more than eight times the
annual taxes due, regardless of the number of years for which the
applicant is registering.

(ii)
The additional fee established under division (C)(1) of section
4503.10 of the Revised Code for each year of registration, provided
that not more than eight times the additional fee due shall be paid,
regardless of the number of years for which the applicant is
registering.

(iii)
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 applicant is registering.

(b)
In addition, each applicant 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 applicant 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) or (3) 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.

(5)
A person registering a noncommercial trailer permanently shall
register the trailer under section 4503.107 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
or
alternative emissions 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
or
alternative emissions certificate
for
the vehicle as required under those rules;

(2)
Presentation to the registrar by the owner of the required inspection
certificate
or
alternative emissions 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.
4503.183.
(A)
No person shall use a replica motor vehicle for general
transportation. However, a person may operate a replica motor vehicle
registered under this section on the public roads and highways as
follows:

(1)
For club activities, exhibitions, tours, parades, and similar uses;

(2)
To and from a location where maintenance is performed on the replica
motor vehicle.

(B)
In lieu of the annual license tax levied in sections 4503.02 and
4503.04 of the Revised Code, the registrar of motor vehicles or a
deputy registrar shall collect a license fee of ten dollars for the
registration of a replica motor vehicle under this section. The fee
shall be deposited into the public safety - highway purposes fund
established in section 4501.06 of the Revised Code.

(C)
A person who owns a replica motor vehicle and applies for
registration and a replica license plate under this section shall
execute an affidavit that the replica motor vehicle for which the
plate is requested is owned and operated solely for the purposes
enumerated in division (A) of this section. The affidavit also shall
set forth that the replica motor vehicle has been inspected and found
safe to operate on the public roads and highways in the state. No
registration issued pursuant to this section need specify the weight
of the replica motor vehicle.

(D)
The owner of a replica motor vehicle registered under this section
shall display in plain view on the rear of the replica motor vehicle
a replica license plate issued by the registrar. A replica license
plate shall not display a date, but shall display the inscription
"Replica Motor Vehicle--Ohio" and the registration number
assigned to that replica motor vehicle.

(E)
A replica license plate is valid without renewal as long as the
replica motor vehicle for which it was issued or procured is in
existence. A replica license plate is issued for the owner's use only
for such replica motor vehicle unless later transferred to another
replica motor vehicle owned by that person. In order to effect such a
transfer, the owner of the replica motor vehicle that originally
displayed the replica license plate shall comply with division (C) of
this section. In the event of a transfer of title, the transferor
shall surrender the replica license plate or transfer it to another
replica motor vehicle owned by the transferor. The registrar may
revoke any replica license plate issued under this section, for cause
shown and after a hearing, for failure of the applicant to comply
with this section. Upon revocation, a replica license plate shall be
surrendered.

Sec.
4503.21.
(A)(1)

No
Subject
to section 4503.211 of the Revised Code, 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. However, a commercial tractor shall
display the license plate 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

Subject
to section 4503.211 of the Revised Code, no
person
to whom a temporary motor vehicle license 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 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.

(4)
No person shall 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 offenses established under division (A) 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.
4503.211.
(A)
As used in this section:

(1)
"Motor vehicle renting dealer" means any person engaged in
the business of regularly making available, offering to make
available, or arranging for another person to use a motor vehicle
pursuant to a bailment, rental agreement, or other contractual
arrangement for a period of thirty days or less under which a charge
is made for the motor vehicle's use at a specified rate and the title
to the motor vehicle is in a person other than the operator, but does
not mean a manufacturer or its affiliate renting to its employees or
to dealers.

(2)
"Operator" means a person driving or otherwise in control
of a motor vehicle.

(3)
"Registered owner" means any person or entity identified by
the bureau of motor vehicles or any other state motor vehicle
registration bureau, department, or office as the owner of a motor
vehicle.

(B)
No operator shall be charged with or convicted of a violation of
division (A)(1) or (3) of section 4503.21 of the Revised Code when
operating a motor vehicle on a public highway when all of the
following apply:

(1)
The operator has a valid written rental agreement with a motor
vehicle renting dealer and such agreement is in effect at the time of
the offense described in division (A)(1) or (3) of section 4503.21 of
the Revised Code.

(2)
At the time of the offense, the operator provides the valid written
agreement to the peace officer or state highway patrol officer
enforcing the prohibition.

(3)
The operator has not removed, concealed, or modified the license
plate or validation sticker as placed or attached by the motor
vehicle renting dealer or its affiliate.

(C)
If divisions (B)(1) and (3) of this section apply, but the operator
is unable to produce a valid written agreement at the time of the
offense, the operator may submit a copy of the valid written
agreement to the court at any time before or during the operator's
court hearing. If such agreement is presented to the court, the court
shall dismiss any ticket, citation, or summons issued to the operator
for the offense.

(D)
If division (B) or (C) of this section applies, the registered owner
of the motor vehicle that was the subject of a violation of division
(A)(1) or (3) of section 4503.21 of the Revised Code is solely liable
for any fees, fines, or penalties for the violation.

Sec.
4505.072.
(A)
The owner of a motor vehicle seeking to obtain a certificate of title
indicating that the motor vehicle is a replica motor vehicle shall do
all of the following:

(1)
Have that motor vehicle inspected by the state highway patrol in the
manner specified in section 4505.111 of the Revised Code and obtain
an inspection report from the state highway patrol;

(2)
Obtain a signed written statement from a person or nonprofit
corporation with expertise in historical motor vehicles that the
owner's motor vehicle reasonably replicates the make, model, and
model year of motor vehicle that the owner is intending to replicate;

(3)
Sign the written statement and have it notarized by a notary public.

(B)
When a clerk of a court of common pleas issues a physical or
electronic certificate of title for a replica motor vehicle, the
certificate of title shall indicate that the motor vehicle is a
replica motor vehicle.

When
a clerk of a court of common pleas issues a duplicate certificate of
title or memorandum certificate of title for a replica motor vehicle,
that certificate of title shall be identical to the existing
certificate of title.

Prior
to issuance of the certificate of title, the owner of the replica
motor vehicle shall surrender to the clerk any existing certificate
of title, a copy of the inspection report, and the signed notarized
written statement described in division (A) of this section.

(C)(1)
Upon compliance with divisions (A) and (B) of this section and
payment of the fee prescribed in section 4505.09 of the Revised Code,
the clerk shall issue to the owner a certificate of title that
complies with this section.

(2)
The clerk shall use reasonable care in performing the duties imposed
on the clerk by this section in issuing a certificate of title
pursuant to this section, 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.

(D)(1)
The registrar of motor vehicles shall ensure that the certificate of
title of a replica motor vehicle issued under this section complies
with all of the following:

(a)
It is in the same form as the original certificate of title.

(b)
It displays the word "REPLICA" in black boldface letters on
its face.

(c)
It includes the make, model, and model year of motor vehicle that the
owner is intending the motor vehicle to replicate.

(d)
It includes the year the replica motor vehicle was constructed,
assembled, or modified.

(2)
The registrar shall determine the exact location on the face of the
certificate of title of the word "REPLICA," the make,
model, and model year of motor vehicle the owner is intending to
replicate, and the year the replica motor vehicle was constructed,
assembled, or modified. The registrar shall develop an automated
procedure within the automated title processing system for purposes
of this section.

(3)
Every memorandum certificate of title or duplicate certificate of
title issued for a replica motor vehicle for which a certificate of
title has been issued under this section shall display the same
information as is required under division (D)(1) of this section.

Any
subsequent certificate of title issued for a replica motor vehicle
for which a certificate of title has been issued under this section
shall display the same information as is required under division
(D)(1) of this section.

(E)(1)
The owner of a replica motor vehicle who titles that vehicle as a
replica motor vehicle under this section shall obtain replica license
plates and comply with the requirements of section 4503.183 of the
Revised Code.

(2)
The owner of a replica motor vehicle who does not title that motor
vehicle as a replica motor vehicle under this section is not required
to obtain replica motor vehicle license plates and comply with the
requirements of section 4503.183 of the Revised Code. Such an owner
is subject to the general registration requirements of Chapter 4503.,
the titling requirements of Chapter 4505., and the equipment
requirements of Chapter 4513. of the Revised Code.

Sec.
4505.08.
(A)
When the clerk of a court of common pleas issues a physical
certificate of title, the clerk shall issue the certificate of title
on a form and in a manner prescribed by the registrar of motor
vehicles. The clerk shall file a copy of the physical evidence for
the creation of the certificate of title in a manner prescribed by
the registrar. A clerk may retain digital images of documents used as
evidence for issuance of a certificate of title. Certified printouts
of documents retained as digital images shall have the same
evidentiary value as the original physical documents. The record of
the issuance of the certificate of title shall be maintained in the
automated title processing system. The clerk shall sign and affix the
clerk's seal to the original certificate of title and, if there are
no liens on the motor vehicle, shall deliver the certificate to the
applicant or the selling dealer. If there are one or more liens on
the motor vehicle, the certificate of title shall be delivered to the
holder of the first lien or the selling dealer, who shall deliver the
certificate of title to the holder of the first lien.

The
registrar shall prescribe a uniform method of numbering certificates
of title, and such numbering shall be in such manner that the county
of issuance is indicated. The clerk shall assign numbers to
certificates of title in the manner prescribed by the registrar. The
clerk shall file all certificates of title according to rules to be
prescribed by the registrar, and the clerk shall maintain in the
clerk's office indexes for the certificates of title.

The
clerk need not retain on file any current certificates of title,
current duplicate certificates of title, current memorandum
certificates of title, or current salvage certificates of title, or
supporting evidence of them covering any motor vehicle or
manufactured or mobile home for a period longer than seven years
after the date of its filing; thereafter, the documents and
supporting evidence may be destroyed. The clerk need not retain on
file any inactive records, including certificates of title, duplicate
certificates of title, or memorandum certificates of title, or
supporting evidence of them, including the electronic record
described in division (A) of section 4505.06 of the Revised Code,
covering any motor vehicle or manufactured or mobile home for a
period longer than five years after the date of its filing;
thereafter, the documents and supporting evidence may be destroyed.

The
automated title processing system shall contain all active records
and an index of the active records, a record and index of all
inactive titles for ten years, and a record and index of all inactive
titles for manufactured and mobile homes for thirty years. If the
clerk provides a written copy of any information contained in the
database, the copy shall be considered the original for purposes of
the clerk certifying the record of the information for use in any
legal proceeding.

(B)(1)
If the clerk issues a certificate of title for a motor vehicle that
was last previously registered in another state, the clerk shall
record verbatim, where practicable, in the space on the title
described in division (B)(19) of section 4505.07 of the Revised Code,
the words that appear as a notation to the vehicle on the title
issued by the previous state. These notations may include, but are
not limited to, words to the effect that the vehicle was considered
or was categorized by the state in which it was last previously
registered to be a law enforcement vehicle or a taxicab or was once
in a flood.

(2)
If the clerk, while issuing a certificate of title for a motor
vehicle that was last previously registered in another state,
receives information from the automated title processing system
indicating that a title to the vehicle previously was issued by this
state and that the previous title contained notations that appeared
in the space described in division (B)(19) or (20) of section 4505.07
of the Revised Code, the clerk shall enter the notations that
appeared on the previous certificate of title issued by this state on
the new certificate of title in the space described in division
(B)(19) or (20) of section 4505.07 of the Revised Code, irrespective
of whether the notations appear on the certificate of title issued by
the state in which the vehicle was last previously registered.

(3)
If the clerk, while issuing a certificate of title for a motor
vehicle that was last previously registered in another state,
receives information from the automated title processing system
indicating that the vehicle was previously issued a title by this
state and that the previous title bore the notation "REBUILT
SALVAGE" as required by division (E) of section 4505.11 of the
Revised Code, or the previous title to the vehicle issued by this
state was a salvage certificate of title, the clerk shall cause the
certificate of title the clerk issues to bear the notation "REBUILT
SALVAGE" in the location prescribed by the registrar pursuant to
that division.

(4)
If the clerk, while issuing a certificate of title for a motor
vehicle that was last previously registered in another state,
receives information from the automated title processing system
indicating that the vehicle was previously issued a title by this
state and that the previous title included the notation "REPLICA"
in accordance with section 4505.072 of the Revised Code, or the
previous title to the vehicle issued by another state indicates that
the vehicle is a replica motor vehicle, the clerk shall cause the
certificate of title the clerk issues to display the notation
"REPLICA" in the location prescribed by the registrar
pursuant to that section.

(C)
When the clerk issues a certificate of title for a motor vehicle that
was last previously registered in this state and was a law
enforcement vehicle or a taxicab or was once in a flood, the clerk
shall record that information in the space on the title described in
division (B)(20) of section 4505.07 of the Revised Code. The
registrar, by rule, may prescribe any additional uses of or
happenings to a motor vehicle that the registrar has reason to
believe should be noted on the certificate of title as provided in
this division.

(D)
The clerk shall use reasonable care in recording or entering onto
titles the clerk issues any notation and information the clerk is
required by divisions (B) and (C) of this section to record or enter
and in causing the titles the clerk issues to bear any notation
required by those divisions, 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 the
duties imposed on the clerk by this section.

(E)
The clerk may issue a duplicate title, when duly applied for, of any
title that has been destroyed as herein provided.

(F)
Except as provided in section 4505.021 of the Revised Code, the clerk
shall issue a physical certificate of title to an applicant unless
the applicant specifically requests the clerk not to issue a physical
certificate of title and instead to issue an electronic certificate
of title. The fact that a physical certificate of title is not issued
for a motor vehicle does not affect ownership of the vehicle. In that
case, when the clerk completes the process of entering certificate of
title application information into the automated title processing
system, the effect of the completion of the process is the same as if
the clerk actually issued a physical certificate of title for the
motor vehicle.

(G)
An electronic motor vehicle dealer who applies for a certificate of
title on behalf of a customer who purchases a motor vehicle from the
dealer may print a non-negotiable evidence of ownership for the
customer if the customer so requests. The authorization to print the
non-negotiable evidence of ownership shall come from the clerk with
whom the dealer makes application for the certificate of title for
the customer, but the printing by the dealer does not create an
agency relationship of any kind between the dealer and the clerk.

(H)
The owner of a motor vehicle may apply at any time to a clerk of a
court of common pleas for a non-negotiable evidence of ownership for
the motor vehicle.

(I)
In accordance with rules adopted by the registrar, a clerk may issue
a certificate of title applied for by an agent of a licensed motor
vehicle dealer when that agent has a properly executed power of
attorney from the dealer.

Sec.
4506.01.
As
used in this chapter:

(A)
"Alcohol concentration" means the concentration of alcohol
in a person's blood, breath, or urine. When expressed as a
percentage, it means grams of alcohol per the following:

(1)
One hundred milliliters of whole blood, blood serum, or blood plasma;

(2)
Two hundred ten liters of breath;

(3)
One hundred milliliters of urine.

(B)(1)
(B)

"Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to drive a
commercial motor vehicle.

Except as otherwise specifically provided, "commercial driver's
license" includes an "enhanced commercial driver's
license."

(2)
"Enhanced commercial driver's license" means a commercial
driver's license issued in accordance with sections 4507.021 and
4506.072 of the Revised Code that denotes citizenship and identity
and is approved by the United States secretary of homeland security
or other designated federal agency for purposes of entering the
United States.

(C)
"Commercial driver's license information system" means the
information system established pursuant to the requirements of the
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. 2701.

(D)
Except when used in section 4506.25 of the Revised Code, "commercial
motor vehicle" means any motor vehicle designed or used to
transport persons or property that meets any of the following
qualifications:

(1)
Any combination of vehicles with a gross vehicle weight or combined
gross vehicle weight rating of twenty-six thousand one pounds or
more, provided the gross vehicle weight or gross vehicle weight
rating of the vehicle or vehicles being towed is in excess of ten
thousand pounds;

(2)
Any single vehicle with a gross vehicle weight or gross vehicle
weight rating of twenty-six thousand one pounds or more;

(3)
Any single vehicle or combination of vehicles that is not a class A
or class B vehicle, but is designed to transport sixteen or more
passengers including the driver;

(4)
Any school bus with a gross vehicle weight or gross vehicle weight
rating of less than twenty-six thousand one pounds that is designed
to transport fewer than sixteen passengers including the driver;

(5)
Is transporting hazardous materials for which placarding is required
under subpart F of 49 C.F.R. part 172, as amended;

(6)
Any single vehicle or combination of vehicles that is designed to be
operated and to travel on a public street or highway and is
considered by the federal motor carrier safety administration to be a
commercial motor vehicle, including, but not limited to, a motorized
crane, a vehicle whose function is to pump cement, a rig for drilling
wells, and a portable crane.

(E)
"Controlled substance" means all of the following:

(1)
Any substance classified as a controlled substance under the
"Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A. 802(6), as amended;

(2)
Any substance included in schedules I through V of 21 C.F.R. part
1308, as amended;

(3)
Any drug of abuse.

(F)
"Conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the payment
of a fine or court cost, or violation of a condition of release
without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.

(G)
"Disqualification" means any of the following:

(1)
The suspension, revocation, or cancellation of a person's privileges
to operate a commercial motor vehicle;

(2)
Any withdrawal of a person's privileges to operate a commercial motor
vehicle as the result of a violation of state or local law relating
to motor vehicle traffic control other than parking, vehicle weight,
or vehicle defect violations;

(3)
A determination by the federal motor carrier safety administration
that a person is not qualified to operate a commercial motor vehicle
under 49 C.F.R. 391.

(H)
"Domiciled" means having a true, fixed, principal, and
permanent residence to which an individual intends to return.

(I)
"Downgrade" means any of the following, as applicable:

(1)
A change in the commercial driver's license, or commercial driver's
license temporary instruction permit, holder's self-certified status
as described in division (A)(1) of section 4506.10 of the Revised
Code;

(2)
A change to a lesser class of vehicle;

(3)
Removal of commercial driver's license privileges from the
individual's driver's license.

(J)
"Drive" means to drive, operate, or be in physical control
of a motor vehicle.

(K)
"Driver" means any person who drives, operates, or is in
physical control of a commercial motor vehicle or is required to have
a commercial driver's license.

(L)
"Driver's license" means a license issued by the bureau of
motor vehicles that authorizes an individual to drive.

(M)
"Drug of abuse" means any controlled substance, dangerous
drug as defined in section 4729.01 of the Revised Code, harmful
intoxicant as defined in section 2925.01 of the Revised Code, or
over-the-counter medication that, when taken in quantities exceeding
the recommended dosage, can result in impairment of judgment or
reflexes.

(N)
"Electronic device" includes a cellular telephone, a
personal digital assistant, a pager, a computer, and any other device
used to input, write, send, receive, or read text.

(O)
"Eligible unit of local government" means a village,
township, or county that has a population of not more than three
thousand persons according to the most recent federal census.

(P)
"Employer" means any person, including the federal
government, any state, and a political subdivision of any state, that
owns or leases a commercial motor vehicle or assigns a person to
drive such a motor vehicle.

(Q)
"Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person to
operate a specified type of commercial motor vehicle.

(R)
"Farm truck" means a truck controlled and operated by a
farmer for use in the transportation to or from a farm, for a
distance of not more than one hundred fifty miles, of products of the
farm, including livestock and its products, poultry and its products,
floricultural and horticultural products, and in the transportation
to the farm, from a distance of not more than one hundred fifty
miles, of supplies for the farm, including tile, fence, and every
other thing or commodity used in agricultural, floricultural,
horticultural, livestock, and poultry production, and livestock,
poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of the farm, when the
truck is operated in accordance with this division and is not used in
the operations of a motor carrier, as defined in section 4923.01 of
the Revised Code.

(S)
"Fatality" means the death of a person as the result of a
motor vehicle accident occurring not more than three hundred
sixty-five days prior to the date of death.

(T)
"Felony" means any offense under federal or state law that
is punishable by death or specifically classified as a felony under
the law of this state, regardless of the penalty that may be imposed.

(U)
"Foreign jurisdiction" means any jurisdiction other than a
state.

(V)
"Gross vehicle weight rating" means the value specified by
the manufacturer as the maximum loaded weight of a single or a
combination vehicle. The gross vehicle weight rating of a combination
vehicle is the gross vehicle weight rating of the power unit plus the
gross vehicle weight rating of each towed unit.

(W)
"Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. 5103 and is required to be
placarded under subpart F of 49 C.F.R. part 172 or any quantity of a
material listed as a select agent or toxin in 42 C.F.R. part 73, as
amended.

(X)
"Imminent hazard" means the existence of a condition that
presents a substantial likelihood that death, serious illness, severe
personal injury, or a substantial endangerment to health, property,
or the environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk of
that death, illness, injury, or endangerment.

(Y)
"Medical variance" means one of the following received by a
driver from the federal motor carrier safety administration that
allows the driver to be issued a medical certificate:

(1)
An exemption letter permitting operation of a commercial motor
vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;

(2)
A skill performance evaluation certificate permitting operation of a
commercial motor vehicle pursuant to 49 C.F.R. 391.49.

(Z)
"Mobile telephone" means a mobile communication device that
falls under or uses any commercial mobile radio service as defined in
47 C.F.R. 20, except that mobile telephone does not include two-way
or citizens band radio services.

(AA)
"Motor vehicle" means a vehicle, machine, tractor, trailer,
or semitrailer propelled or drawn by mechanical power used on
highways, except that such term does not include a vehicle, machine,
tractor, trailer, or semitrailer operated exclusively on a rail.

(BB)
"Out-of-service order" means a declaration by an authorized
enforcement officer of a federal, state, local, Canadian, or Mexican
jurisdiction declaring that a driver, commercial motor vehicle, or
commercial motor carrier operation is out of service as defined in 49
C.F.R. 390.5.

(CC)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(DD)
"Portable tank" means a liquid or gaseous packaging
designed primarily to be loaded onto or temporarily attached to a
vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means.

(EE)
"Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.

(FF)
"Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the Revised
Code and is used exclusively for purposes other than engaging in
business for profit.

(GG)
"Residence" means any person's residence determined in
accordance with standards prescribed in rules adopted by the
registrar.

(HH)
"School bus" has the same meaning as in section 4511.01 of
the Revised Code.

(II)
"Serious traffic violation" means any of the following:

(1)
A conviction arising from a single charge of operating a commercial
motor vehicle in violation of any provision of section 4506.03 of the
Revised Code;

(2)(a)
Except as provided in division (II)(2)(b) of this section, a
violation while operating a commercial motor vehicle of a law of this
state, or any municipal ordinance or county or township resolution,
or any other substantially similar law of another state or political
subdivision of another state prohibiting either of the following:

(i)
Texting while driving;

(ii)
Using a handheld mobile telephone.

(b)
It is not a serious traffic violation if the person was texting or
using a handheld mobile telephone to contact law enforcement or other
emergency services.

(3)
A conviction arising from the operation of any motor vehicle that
involves any of the following:

(a)
A single charge of any speed in excess of the posted speed limit by
fifteen miles per hour or more;

(b)
Violation of section 4511.20 or 4511.201 of the Revised Code or any
similar ordinance or resolution, or of any similar law of another
state or political subdivision of another state;

(c)
Violation of a law of this state or an ordinance or resolution
relating to traffic control, other than a parking violation, or of
any similar law of another state or political subdivision of another
state, that results in a fatal accident;

(d)
Violation of section 4506.03 of the Revised Code or a substantially
similar municipal ordinance or county or township resolution, or of
any similar law of another state or political subdivision of another
state, that involves the operation of a commercial motor vehicle
without a valid commercial driver's license with the proper class or
endorsement for the specific vehicle group being operated or for the
passengers or type of cargo being transported;

(e)
Violation of section 4506.03 of the Revised Code or a substantially
similar municipal ordinance or county or township resolution, or of
any similar law of another state or political subdivision of another
state, that involves the operation of a commercial motor vehicle
without a valid commercial driver's license being in the person's
possession;

(f)
Violation of section 4511.33 or 4511.34 of the Revised Code, or any
municipal ordinance or county or township resolution substantially
similar to either of those sections, or any substantially similar law
of another state or political subdivision of another state;

(g)
Violation of any other law of this state, any law of another state,
or any ordinance or resolution of a political subdivision of this
state or another state that meets both of the following requirements:

(i)
It relates to traffic control, other than a parking violation;

(ii)
It is determined to be a serious traffic violation by the United
States secretary of transportation and is designated by the director
as such by rule.

(JJ)
"State" means a state of the United States and includes the
District of Columbia.

(KK)
"Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank
or tanks that are either permanently or temporarily attached to the
vehicle or its chassis and have an individual rated capacity of more
than one hundred nineteen gallons and an aggregate rated capacity of
one thousand gallons or more. "Tank vehicle" does not
include a commercial motor vehicle transporting an empty storage
container tank that is not designed for transportation, has a rated
capacity of one thousand gallons or more, and is temporarily attached
to a flatbed trailer.

(LL)
"Tester" means a person or entity acting pursuant to a
valid agreement entered into pursuant to division (B) of section
4506.09 of the Revised Code.

(MM)
"Texting" means manually entering alphanumeric text into,
or reading text from, an electronic device. Texting includes short
message service, e-mail, instant messaging, a command or request to
access a world wide web page, pressing more than a single button to
initiate or terminate a voice communication using a mobile telephone,
or engaging in any other form of electronic text retrieval or entry,
for present or future communication. Texting does not include the
following:

(1)
Using voice commands to initiate, receive, or terminate a voice
communication using a mobile telephone;

(2)
Inputting, selecting, or reading information on a global positioning
system or navigation system;

(3)
Pressing a single button to initiate or terminate a voice
communication using a mobile telephone; or

(4)
Using, for a purpose that is not otherwise prohibited by law, a
device capable of performing multiple functions, such as a fleet
management system, a dispatching device, a mobile telephone, a
citizens band radio, or a music player.

(NN)
"Texting while driving" means texting while operating a
commercial motor vehicle, with the motor running, including while
temporarily stationary because of traffic, a traffic control device,
or other momentary delays. Texting while driving does not include
operating a commercial motor vehicle with or without the motor
running when the driver has moved the vehicle to the side of, or off,
a highway and is stopped in a location where the vehicle can safely
remain stationary.

(OO)
"United States" means the fifty states and the District of
Columbia.

(PP)
"Upgrade" means a change in the class of vehicles,
endorsements, or self-certified status as described in division
(A)(1) of section 4506.10 of the Revised Code, that expands the
ability of a current commercial driver's license holder to operate
commercial motor vehicles under this chapter;

(QQ)
"Use of a handheld mobile telephone" means:

(1)
Using at least one hand to hold a mobile telephone to conduct a voice
communication;

(2)
Dialing or answering a mobile telephone by pressing more than a
single button; or

(3)
Reaching for a mobile telephone in a manner that requires a driver to
maneuver so that the driver is no longer in a seated driving
position, or restrained by a seat belt that is installed in
accordance with 49 C.F.R. 393.93 and adjusted in accordance with the
vehicle manufacturer's instructions.

(RR)
"Vehicle" has the same meaning as in section 4511.01 of the
Revised Code.

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

(B)
The director may adopt rules, in accordance with Chapter 119. of the
Revised Code and applicable requirements of the federal motor carrier
safety administration, authorizing the skills test specified in this
section to be administered by any person, by an agency of this or
another state, or by an agency, department, or instrumentality of
local government. Each party authorized under this division to
administer the skills test may charge a
maximum
divisible
fee

of
one hundred fifteen dollars
for
each skills test given as part of a commercial driver's license
examination.
The
fee shall consist of not more than twenty-seven dollars for the
pre-trip inspection portion of the test, not more than twenty-seven
dollars for the off-road maneuvering portion of the test, and not
more than sixty-one dollars for the on-road portion of the test.
Each
such party may require an appointment fee in the same manner provided
in division (E)(2) of this section
,
except that the maximum amount such a party may require as an
appointment fee is one hundred fifteen dollars
.
The skills test administered by another party under this division
shall be the same as otherwise would be administered by this state.
The other party shall enter into an agreement with the director that,
without limitation, does all of the following:

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

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

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

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

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

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

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

(8)
Requires the other party to schedule all skills test appointments
through a system or method provided by the director. If a system or
method is not provided by the director, the other party shall submit
a schedule of skills test appointments to the director weekly. The
director may request that any additions to the schedule of skills
test appointments, made after the weekly submission, be submitted to
the director not later than two business days prior to the additional
skills test appointment.

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

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

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

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

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

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

(f)
A copy of the agreement that the other party made with the director.

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

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

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

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

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

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

(i)
Active duty military personnel;

(ii)
A member of the military reserves;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec.
4506.11.
(A)
Every commercial driver's license shall be marked "commercial
driver's license" or "CDL" and shall be of such
material and so designed as to prevent its reproduction or alteration
without ready detection. The commercial driver's license for
licensees under twenty-one years of age shall have characteristics
prescribed by the registrar of motor vehicles distinguishing it from
that issued to a licensee who is twenty-one years of age or older.
Every commercial driver's license shall display all of the following
information:

(1)
The name and residence address of the licensee;

(2)
A photograph of the licensee showing the licensee's uncovered face;

(3)
A physical description of the licensee, including sex, height,
weight, and color of eyes and hair;

(4)
The licensee's date of birth;

(5)
The licensee's social security number if the person has requested
that the number be displayed in accordance with section 4501.31 of
the Revised Code or if federal law requires the social security
number to be displayed and any number or other identifier the
director of public safety considers appropriate and establishes by
rules adopted under Chapter 119. of the Revised Code and in
compliance with federal law;

(6)
The licensee's signature;

(7)
The classes of commercial motor vehicles the licensee is authorized
to drive and any endorsements or restrictions relating to the
licensee's driving of those vehicles;

(8)
The name of this state;

(9)
The dates of issuance and of expiration of the license;

(10)
If the licensee has certified willingness to make an anatomical gift
under section 2108.05 of the Revised Code, any symbol chosen by the
registrar of motor vehicles to indicate that the licensee has
certified that willingness;

(11)
If the licensee has executed a durable power of attorney for health
care or a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment and has
specified that the licensee wishes the license to indicate that the
licensee has executed either type of instrument, any symbol chosen by
the registrar to indicate that the licensee has executed either type
of instrument;

(12)
If the licensee has specified that the licensee wishes the license to
indicate that the licensee is a veteran, active duty, or reservist of
the armed forces of the United States and has presented a copy of the
licensee's DD-214 form or an equivalent document, any symbol chosen
by the registrar to indicate that the licensee is a veteran, active
duty, or reservist of the armed forces of the United States;

(13)
If the licensee is a noncitizen of the United States, a notation
designating that the licensee is a noncitizen;

(14)
Any other information the registrar considers advisable and requires
by rule.

(B)

Every enhanced commercial driver's license shall have any additional
characteristics established by the rules adopted under section
4507.021 of the Revised Code.

(C)

The registrar may establish and maintain a file of negatives of
photographs taken for the purposes of this section.

(D)
(C)

Neither the registrar nor any deputy registrar shall issue a
commercial driver's license to anyone under twenty-one years of age
that does not have the characteristics prescribed by the registrar
distinguishing it from the commercial driver's license issued to
persons who are twenty-one years of age or older.

(E)
(D)

Whoever violates division
(D)
(C)

of this section is guilty of a minor misdemeanor.

Sec.
4507.01.
(A)
As used in this chapter, "motor vehicle," "motorized
bicycle," "state," "owner," "operator,"
"chauffeur," and "highways" have the same
meanings as in section 4501.01 of the Revised Code.

"Driver's
license" means a class D license issued to any person to operate
a motor vehicle or motor-driven cycle, other than a commercial motor
vehicle, and includes "probationary license," "restricted
license," "limited term license," and any operator's
or chauffeur's license issued before January 1, 1990.
Except
as otherwise specifically provided, "driver's license"
includes an "enhanced driver's license."

"Enhanced
driver's license" means a driver's license issued in accordance
with sections 4507.021 and 4507.063 of the Revised Code that denotes
citizenship and identity and is approved by the United States
secretary of homeland security or other designated federal agency for
purposes of entering the United States.

"Probationary
license" means the license issued to any person between sixteen
and eighteen years of age to operate a motor vehicle.

"Restricted
license" means the license issued to any person to operate a
motor vehicle subject to conditions or restrictions imposed by the
registrar of motor vehicles.

"Commercial
driver's license" means the license issued to a person under
Chapter 4506. of the Revised Code to operate a commercial motor
vehicle.

"Commercial
motor vehicle" has the same meaning as in section 4506.01 of the
Revised Code.

"Motorcycle
operator's temporary instruction permit, license, or endorsement"
includes a temporary instruction permit, license, or endorsement for
a motor-driven cycle or motor scooter unless otherwise specified.

"Motorized
bicycle license" means the license issued under section 4511.521
of the Revised Code to any person to operate a motorized bicycle
including a "probationary motorized bicycle license."

"Probationary
motorized bicycle license" means the license issued under
section 4511.521 of the Revised Code to any person between fourteen
and sixteen years of age to operate a motorized bicycle.

"Identification
card" means a card issued under sections 4507.50 to 4507.52 of
the Revised Code.

Except as otherwise specifically provided, "identification card"
includes an "enhanced identification card."

"Enhanced
identification card" means an identification card issued in
accordance with sections 4507.021 and 4507.511 of the Revised Code
that denotes citizenship and identity and is approved by the United
States secretary of homeland security or other designated federal
agency for purposes of entering the United States.

"Resident"
means a person who, in accordance with standards prescribed in rules
adopted by the registrar, resides in this state on a permanent basis.

"Temporary
resident" means a person who, in accordance with standards
prescribed in rules adopted by the registrar, resides in this state
on a temporary basis.

(B)
In the administration of this chapter and Chapter 4506. of the
Revised Code, the registrar has the same authority as is conferred on
the registrar by section 4501.02 of the Revised Code. Any act of an
authorized deputy registrar of motor vehicles under direction of the
registrar is deemed the act of the registrar.

To
carry out this chapter, the registrar shall appoint such deputy
registrars in each county as are necessary.

The
registrar also shall provide at each place where an application for a
driver's or commercial driver's license or identification card may be
made the necessary equipment to take a photograph of the applicant
for such license or card as required under section 4506.11 or 4507.06
of the Revised Code, and to conduct the vision screenings required by
section 4507.12 of the Revised Code.

The
registrar shall assign one or more deputy registrars to any driver's
license examining station operated under the supervision of the
director of public safety, whenever the registrar considers such
assignment possible. Space shall be provided in the driver's license
examining station for any such deputy registrar so assigned. The
deputy registrars shall not exercise the powers conferred by such
sections upon the registrar, unless they are specifically authorized
to exercise such powers by such sections.

(C)
No agent for any insurance company, writing automobile insurance,
shall be appointed deputy registrar, and any such appointment is
void. No deputy registrar shall in any manner solicit any form of
automobile insurance, nor in any manner advise, suggest, or influence
any licensee or applicant for license for or against any kind or type
of automobile insurance, insurance company, or agent, nor have the
deputy registrar's office directly connected with the office of any
automobile insurance agent, nor impart any information furnished by
any applicant for a license or identification card to any person,
except the registrar. This division shall not apply to any nonprofit
corporation appointed deputy registrar.

(D)
The registrar shall immediately remove a deputy registrar who
violates the requirements of this chapter.

Sec.
4507.061.
(A)
The registrar of motor vehicles may authorize the online renewal of a
driver's license, commercial 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, commercial 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, commercial driver's
license, or identification card.

(3)
The applicant's current driver's license, commercial 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, commercial 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, commercial 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 or a permanent resident of the United
States and a permanent resident of this state.

(7)
The applicant's current driver's license, commercial driver's
license, or identification card was
issue

issued

when
the applicant was twenty-one years of age or older.

(8)
If the applicant is renewing a driver's license or commercial
driver's license, the applicant is less than sixty-five years of age.

(9)
The applicant's current driver's license, commercial 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, commercial driver's license, or
identification card.

(10)
The applicant has no changes to the applicant's name or personal
information, other than a change of address.

(11)
The applicant has no medical restrictions that would require the
applicant to apply for a driver's license, commercial 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.

(12)
For a commercial driver's license, the applicant complies with all
the requirements of Chapter 4506. of the Revised Code, including
self-certification and medical certificate requirements.

(13)
For a commercial driver's license, the applicant is not under any
restriction specified by any federal regulation.

(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 temporary instruction permit;

(3)
An initial issuance of an Ohio driver's license, commercial driver's
license, or identification card;

(4)
An initial issuance of a federally compliant driver's license or
identification card;

(5)

An
initial issuance of an enhanced driver's license, commercial driver's
license, or enhanced identification card;

(6)

An
ignition interlock license;

(7)
(6)

A limited term driver's license or nonrenewable commercial driver's
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,
commercial driver's license, or identification card in order to renew
a driver's license, commercial 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.
4507.13.
(A)(1)
The registrar of motor vehicles shall issue a driver's license to
every person licensed as an operator of motor vehicles other than
commercial motor vehicles. No person licensed as a commercial motor
vehicle driver under Chapter 4506. of the Revised Code need procure a
driver's license, but no person shall drive any commercial motor
vehicle unless licensed as a commercial motor vehicle driver.

(2)
Every driver's license shall display all of the following
information:

(a)
The distinguishing number assigned to the licensee;

(b)
The licensee's name and date of birth;

(c)
The licensee's residence address and county of residence;

(d)
A photograph of the licensee;

(e)
A brief description of the licensee for the purpose of
identification;

(f)
A facsimile of the signature of the licensee as it appears on the
application for the license;

(g)
A notation, in a manner prescribed by the registrar, indicating any
condition described in division (D)(3) of section 4507.08 of the
Revised Code to which the licensee is subject;

(h)
If the licensee has executed a durable power of attorney for health
care or a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment and has
specified that the licensee wishes the license to indicate that the
licensee has executed either type of instrument, any symbol chosen by
the registrar to indicate that the licensee has executed either type
of instrument;

(i)
If the licensee has specified that the licensee wishes the license to
indicate that the licensee is a veteran, active duty, or reservist of
the armed forces of the United States and has presented a copy of the
licensee's DD-214 form or an equivalent document, any symbol chosen
by the registrar to indicate that the licensee is a veteran, active
duty, or reservist of the armed forces of the United States;

(j)
If the licensee is a noncitizen of the United States, a notation
designating that the licensee is a noncitizen;

(k)
Any additional information that the registrar requires by rule.

(3)
No license shall display the licensee's social security number unless
the licensee specifically requests that the licensee's social
security number be displayed on the license. If federal law requires
the licensee's social security number to be displayed on the license,
the social security number shall be displayed on the license
notwithstanding this section.

(4)
The driver's license for licensees under twenty-one years of age
shall have characteristics prescribed by the registrar distinguishing
it from that issued to a licensee who is twenty-one years of age or
older, except that a driver's license issued to a person who applies
no more than thirty days before the applicant's twenty-first birthday
shall have the characteristics of a license issued to a person who is
twenty-one years of age or older.

(5)
The limited term license issued to a temporary resident shall contain
the
word

words

"limited
term" and shall have any additional characteristics prescribed
by the registrar distinguishing it from a license issued to a
resident.

(6)

Every enhanced driver's license shall have any additional
characteristics established by the rules adopted under section
4507.021 of the Revised Code.

(7)

Every driver's or commercial driver's license displaying a motorcycle
operator's endorsement and every restricted license to operate a
motor vehicle also shall display the designation "novice,"
if the endorsement or license is issued to a person who is eighteen
years of age or older and previously has not been licensed to operate
a motorcycle by this state or another jurisdiction recognized by this
state. The "novice" designation shall be effective for one
year after the date of issuance of the motorcycle operator's
endorsement or license.

(8)
(7)

Each license issued under this section shall be of such material and
so designed as to prevent its reproduction or alteration without
ready detection.

(B)
Except in regard to a driver's license issued to a person who applies
no more than thirty days before the applicant's twenty-first
birthday, neither the registrar nor any deputy registrar shall issue
a driver's license to anyone under twenty-one years of age that does
not have the characteristics prescribed by the registrar
distinguishing it from the driver's license issued to persons who are
twenty-one years of age or older.

(C)
The registrar shall ensure that driver's licenses issued in
accordance with the federal "Real ID Act," 49 U.S.C. 30301,
et seq., comply with the regulations specified in 6 C.F.R. part 37.

(D)
Whoever violates division (B) of this section is guilty of a minor
misdemeanor.

Sec.
4507.21.
(A)
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

Except
as provided in division (B)(4) of this section, each
person
under eighteen years of age applying for a driver's license issued in
this state
and
each person eighteen years of age or older applying for an initial
limited term license 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
and workforce prior to December 31, 2003.

(b)

A
driver training course approved by the director of public safety.

(c)
(b)

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.

(3)
Except as provided in division (B)(4) of this section, each person
eighteen years of age or older applying for an initial limited term
license in this state also shall present, on a form prescribed by the
registrar, an affidavit signed by an adult who holds a current valid
driver's or commercial driver's license issued by this state that the
applicant has acquired at least fifty hours of actual driving
experience, with at least ten of those hours being at night,
accompanied by the signing adult.

(4)
Both of the following individuals are exempt from the requirements
specified in divisions (B)(1) and (3) of this section:

(a)
A person who receives a waiver of the examination by the registrar in
accordance with section 4507.10 of the Revised Code;

(b)
An initial limited term license applicant eighteen years of age or
older who is from a country with which the registrar has a reciprocal
arrangement in accordance with section 4507.101 of the Revised Code.

(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.
4507.52.
(A)(1)
Each identification card issued by the registrar of motor vehicles or
a deputy registrar shall display a distinguishing number assigned to
the cardholder, and shall display the following inscription:

"STATE
OF OHIO IDENTIFICATION CARD

This
card is not valid for the purpose of operating a motor vehicle. It is
provided solely for the purpose of establishing the identity of the
bearer described on the card."

(2)
The identification card shall display substantially the same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code, including, if
the cardholder is a noncitizen of the United States, a notation
designating that the cardholder is a noncitizen. The identification
card shall not display the cardholder's social security number unless
the cardholder specifically requests that the cardholder's social
security number be displayed on the card. If federal law requires the
cardholder's social security number to be displayed on the
identification card, the social security number shall be displayed on
the card notwithstanding this section.

(3)
The identification card also shall display the photograph of the
cardholder.

(4)
If the cardholder has executed a durable power of attorney for health
care or a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment and has
specified that the cardholder wishes the identification card to
indicate that the cardholder has executed either type of instrument,
the card also shall display any symbol chosen by the registrar to
indicate that the cardholder has executed either type of instrument.

(5)
If the cardholder has specified that the cardholder wishes the
identification card to indicate that the cardholder is a veteran,
active duty, or reservist of the armed forces of the United States
and has presented a copy of the cardholder's DD-214 form or an
equivalent document, the card also shall display any symbol chosen by
the registrar to indicate that the cardholder is a veteran, active
duty, or reservist of the armed forces of the United States.

(6)
The card shall be designed as to prevent its reproduction or
alteration without ready detection.

(7)
The identification card for persons under twenty-one years of age
shall have characteristics prescribed by the registrar distinguishing
it from that issued to a person who is twenty-one years of age or
older, except that an identification card issued to a person who
applies no more than thirty days before the applicant's twenty-first
birthday shall have the characteristics of an identification card
issued to a person who is twenty-one years of age or older.

(8)
Every identification card issued to a resident of this state shall
display the expiration date of the card, in accordance with section
4507.501 of the Revised Code.

(9)
Every identification card issued to a temporary resident shall expire
in accordance with section 4507.501 of the Revised Code and rules
adopted by the registrar and is limited term. Every limited term
identification card and limited term temporary identification card
shall contain the words "limited term" and shall have any
additional characteristics prescribed by the registrar distinguishing
it from an identification card issued to a resident.

(10)
Every enhanced identification card shall have any additional
characteristics established by the rules adopted under section
4507.021 of the Revised Code.

(B)(1)
If a card is lost, destroyed, or mutilated, the person to whom the
card was issued may obtain a duplicate by doing both of the
following:

(a)
Furnishing suitable proof of the loss, destruction, or mutilation to
the registrar or a deputy registrar;

(b)
Filing an application and presenting documentary evidence under
section 4507.51 of the Revised Code.

(2)
A cardholder may apply to obtain a reprint of the cardholder's
identification card through electronic means in accordance with
section 4507.40 of the Revised Code.

(3)
A cardholder may obtain a replacement identification card that
reflects any change of the cardholder's name by furnishing suitable
proof of the change to the registrar or a deputy registrar.

(4)
Except as provided in division (B)(5) or (6) of this section, when a
cardholder applies for a duplicate, reprint, or replacement
identification card, the cardholder shall pay the following fees:

(a)
Two dollars and fifty cents;

(b)
A deputy registrar or service fee equal to the amount established
under section 4503.038 of the Revised Code.

(5)
The following cardholders may apply for a duplicate, reprint, or
replacement identification card without payment of any fee prescribed
in division (B)(4) of this section:

(a)
A disabled veteran who has a service-connected disability rated at
one hundred per cent by the veterans' administration;

(b)
A resident who is permanently or irreversibly disabled;

(c)
A resident who is in the custody of the department of rehabilitation
and correction or the department of youth services.

(6)
A cardholder who is seventeen years of age or older may apply for a
replacement identification card without payment of any fee prescribed
in division (B)(4) of this section.

(7)
A duplicate, reprint, or replacement identification card expires on
the same date as the card it replaces.

(C)
The registrar shall cancel any card upon determining that the card
was obtained unlawfully, issued in error, or was altered.

(D)(1)
No agent of the state or its political subdivisions shall condition
the granting of any benefit, service, right, or privilege upon the
possession by any person of an identification card. Nothing in this
section shall preclude any publicly operated or franchised transit
system from using an identification card for the purpose of granting
benefits or services of the system.

(2)
No person shall be required to apply for, carry, or possess an
identification card.

(E)
Except in regard to an identification card issued to a person who
applies no more than thirty days before the applicant's twenty-first
birthday, neither the registrar nor any deputy registrar shall issue
an identification card to a person under twenty-one years of age that
does not have the characteristics prescribed by the registrar
distinguishing it from the identification card issued to persons who
are twenty-one years of age or older.

(F)
The registrar shall ensure that identification cards issued in
accordance with the federal "Real ID Act," 49 U.S.C. 30301,
et seq., comply with the regulations specified in 6 C.F.R. part 37.

(G)
Whoever violates division (E) of this section is guilty of a minor
misdemeanor.

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 all twenty-four
hours of course instruction;

(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 completed in-person
classroom instruction or the completion of an approved, equivalent
online driver education course offered via the internet by a licensed
online driver training enterprise, followed by 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
required
to complete the training under section 4507.21 of the Revised Code
.
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, 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.
4511.01.
As
used in this chapter and in Chapter 4513. of the Revised Code:

(A)
"Vehicle" means every device, including a
bicycle,

motorized
bicycle
,

and an electric bicycle, in, upon, or by which any person or property
may be transported or drawn upon a highway
,
except that "vehicle"
.
"Vehicle"

does not include any motorized wheelchair, any electric personal
assistive mobility device, any low-speed micromobility device, any
personal delivery device as defined in section 4511.513 of the
Revised Code, any device that is moved by power collected from
overhead electric trolley wires or that is used exclusively upon
stationary rails or tracks, or any device
,
other than a bicycle,

that is moved by human power.

(B)
"Motor vehicle" means every vehicle propelled or drawn by
power other than muscular power or power collected from overhead
electric trolley wires, except 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, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery, and
trailers 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 street or highway for a distance of no more than ten
miles and at a speed of twenty-five miles per hour or less.

(C)
"Motorcycle" means every motor vehicle, other than a
tractor, having a seat or saddle for the use of the operator and
designed to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter,"
"autocycle," "cab-enclosed motorcycle," or
"motorcycle" without regard to weight or brake horsepower.

(D)
"Emergency vehicle" means emergency vehicles of municipal,
township, or county departments or public utility corporations when
identified as such as required by law, the director of public safety,
or local authorities, and motor vehicles when commandeered by a
police officer.

(E)
"Public safety vehicle" means any of the following:

(1)
Ambulances, including private ambulance companies under contract to a
municipal corporation, township, or county, and private ambulances
and nontransport vehicles bearing license plates issued under section
4503.49 of the Revised Code;

(2)
Motor vehicles used by public law enforcement officers or other
persons sworn to enforce the criminal and traffic laws of the state;

(3)
Any motor vehicle when properly identified as required by the
director of public safety, when used in response to fire emergency
calls or to provide emergency medical service to ill or injured
persons, and when operated by a duly qualified person who is a member
of a volunteer rescue service or a volunteer fire department, and who
is on duty pursuant to the rules or directives of that service. The
state fire marshal shall be designated by the director of public
safety as the certifying agency for all public safety vehicles
described in division (E)(3) of this section.

(4)
Vehicles used by fire departments, including motor vehicles when used
by volunteer fire fighters responding to emergency calls in the fire
department service when identified as required by the director of
public safety.

Any
vehicle used to transport or provide emergency medical service to an
ill or injured person, when certified as a public safety vehicle,
shall be considered a public safety vehicle when transporting an ill
or injured person to a hospital regardless of whether such vehicle
has already passed a hospital.

(5)
Vehicles used by the motor carrier enforcement unit for the
enforcement of orders and rules of the public utilities commission as
specified in section 5503.34 of the Revised Code.

(F)
"School bus" means every bus designed for carrying more
than nine passengers that is owned by a public, private, or
governmental agency or institution of learning and operated for the
transportation of children to or from a school session or a school
function, or owned by a private person and operated for compensation
for the transportation of children to or from a school session or a
school function
,
provided "school
.
"School
bus"
does not include
a

any
of the following:

(1)
A
bus
operated by a municipally owned transportation system, a mass transit
company operating exclusively within the territorial limits of a
municipal corporation, or within such limits and the territorial
limits of municipal corporations immediately contiguous to such
municipal corporation, nor a common passenger carrier certified by
the public utilities commission unless such bus is devoted
exclusively to the transportation of children to and from a school
session or a school function
,
and "school bus" does not include a
;

(2)
A
van
or bus used by a licensed child care center or type A family child
care home to transport children from the child care center or type A
family child care home to a school if the van or bus does not have
more than fifteen children in the van or bus at any time
;

(3)
An alternative vehicle as defined in section 4511.76 of the Revised
Code
.

(G)
"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
a
pedal-powered vehicle upon which a human operator sits, including an
electric bicycle
.

(H)
"Motorized bicycle" or "moped" means any vehicle
having either 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 not more than one brake horsepower and is
capable of propelling the vehicle at a speed of not greater than
twenty miles per hour on a level surface. "Motorized bicycle"
or "moped" does not include an electric bicycle.

(I)
"Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not so
constructed as to carry any load thereon, or designed or used for
drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.

(J)
"Agricultural tractor"
means

and
"traction engine" mean
every
self-propelling vehicle designed or used for drawing other vehicles
or wheeled machinery but having no provision for carrying loads
independently of such other vehicles, and used principally for
agricultural purposes.

(K)
"Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.

(L)
"Bus" means every motor vehicle designed for carrying more
than nine passengers and used for the transportation of persons other
than in a ridesharing arrangement, and every motor vehicle,
automobile for hire, or funeral car, other than a taxicab or motor
vehicle used in a ridesharing arrangement, designed and used for the
transportation of persons for compensation.

(M)
"Trailer" means every vehicle designed or used for carrying
persons or property wholly on its own structure and for being drawn
by a motor vehicle, including any such vehicle when 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 street or highway at a
speed greater than twenty-five miles per hour, and a vehicle 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
street or highway for a distance of more than ten miles or at a speed
of more than twenty-five miles per hour.

(N)
"Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor vehicle
so that in operation a part of its own weight or that of its load, or
both, rests upon and is carried by another vehicle.

(O)
"Pole trailer" means every trailer or semitrailer attached
to the towing vehicle by means of a reach, pole, or by being boomed
or otherwise secured to the towing vehicle, and ordinarily used for
transporting long or irregular shaped loads such as poles, pipes, or
structural members capable, generally, of sustaining themselves as
beams between the supporting connections.

(P)
"Railroad" means a carrier of persons or property operating
upon rails
or
tracks
placed
principally on a private right-of-way.

(Q)
"
Railroad
train
Train
"
means
a
steam engine or an electric or other motor, with or without cars
coupled thereto, operated by a railroad
one
or more locomotives coupled, with or without cars, that operates on
rails or tracks and to which all other traffic is required by law to
yield the right-of-way at highway-rail grade crossings
.

(R)
"Streetcar" means a car, other than a
railroad

train,
for transporting persons or property, operated upon rails principally
within a street or highway.

(S)
"Trackless trolley" means every car that collects its power
from overhead electric trolley wires and that is not operated upon
rails or tracks.

(T)
"Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an explosion
that contains any oxidizing and combustible units or other
ingredients in such proportions, quantities, or packing that an
ignition by fire, by friction, by concussion, by percussion, or by a
detonator of any part of the compound or mixture may cause such a
sudden generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructive effects on contiguous
objects, or of destroying life or limb. Manufactured articles shall
not be held to be explosives when the individual units contain
explosives in such limited quantities, of such nature, or in such
packing, that it is impossible to procure a simultaneous or a
destructive explosion of such units, to the injury of life, limb, or
property by fire, by friction, by concussion, by percussion, or by a
detonator, such as fixed ammunition for small arms, firecrackers, or
safety fuse matches.

(U)
"Flammable liquid" means any liquid that has a flash point
of seventy degrees fahrenheit, or less, as determined by a tagliabue
or equivalent closed cup test device.

(V)
"Gross weight" means the weight of a vehicle plus the
weight of any load thereon.

(W)
"Person" means every natural person, firm, co-partnership,
association, or corporation.

(X)
"Pedestrian" means any
natural

person

afoot
on
foot, in a motorized or non-motorized wheelchair, or using another
equivalent device, such as skates or a skateboard
.
"Pedestrian" includes a personal delivery device as defined
in section 4511.513 of the Revised Code unless the context clearly
suggests otherwise.

(Y)
"Driver or operator" means every person who drives or is in
actual physical control of a vehicle, trackless trolley, or
streetcar.

(Z)
"Police officer" means every officer authorized to direct
or regulate traffic, or to make arrests for violations of traffic
regulations.

(AA)
"Local authorities" means every county, municipal, and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.

(BB)
"Street" or "highway" means
the
entire width between the boundary lines of every way open to the use
of the public as a thoroughfare for purposes of vehicular
a
general term for denoting a public way for purposes of
travel

by vehicles, streetcars, trackless trolleys, and vulnerable road
users, including the entire area within the right-of-way
.

(CC)
"Controlled-access highway" means every street or highway
in respect to which owners or occupants of abutting lands and other
persons have no legal right of access to or from the same except at
such points only and in such manner as may be determined by the
public authority having jurisdiction over such street or highway.

(DD)
"Private road

or driveway
"
means every way or place in private ownership used for vehicular
travel by the owner and those having express or implied permission
from the owner but not by other persons.

(EE)
"Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel

and parking lanes
,

except

not
including
the
berm
,
sidewalk,

or shoulder
,
even if the berm, sidewalk, or shoulder is used by a person operating
a bicycle or other human-powered vehicle
.
If a highway includes two or more separate roadways the term
"roadway" means any such roadway separately but not all
such roadways collectively.

(FF)
"Sidewalk" means that portion of a street between the curb
lines, or the lateral lines of a roadway, and the adjacent property
lines

or easements of private property, that is paved or improved
,

and
is
intended
for the use of pedestrians.

(GG)
"Laned highway" means a highway the roadway of which is
divided into two or more clearly marked lanes for vehicular traffic.

(HH)
"Through highway" means every street or highway as provided
in section 4511.65 of the Revised Code.

(II)
"State highway" means a highway under the jurisdiction of
the department of transportation, outside the limits of municipal
corporations, provided that the authority conferred upon the director
of transportation in section 5511.01 of the Revised Code to erect
state highway route markers and signs directing traffic shall not be
modified by sections 4511.01 to 4511.79 and 4511.99 of the Revised
Code.

(JJ)
"State route" means every highway that is designated with
an official state route number and so marked.

(KK)
"Intersection" means:

(1)
The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, the lateral boundary lines of the
roadways of two highways that join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different highways that join at any other angle might come into
conflict. The junction of an alley

or
,

driveway
,
or site roadway open to public travel

with a
public

roadway
or highway does not constitute an intersection
,

unless the
public

roadway
or highway at the junction is controlled by a traffic control device.

(2)
If a highway includes two roadways
that
are thirty feet or more apart
separated
by a median
,
then every crossing of each roadway of such divided highway by an
intersecting highway constitutes a separate intersection

if the opposing left-turn paths cross and there is sufficient
interior storage for the design vehicle
.

If
both intersecting highways include two roadways thirty feet or more
apart, then every crossing of any two roadways of such highways
constitutes a separate intersection
As
used in this division, "design vehicle" means the longest
vehicle authorized under section 5577.05 of the Revised Code to
operate on that roadway without a permit
.

(3)
At a location controlled by a
highway

traffic

control

signal,
regardless of the distance between the separate intersections as
described in division (KK)(2) of this section:

(a)
If a stop line, yield line, or crosswalk has not been designated on
the roadway within the median between the separate intersections, the
two intersections and the roadway and median constitute one
intersection.

(b)
Where a stop line, yield line, or crosswalk
line

is
designated on the roadway on the intersection approach, the area
within the crosswalk and any area beyond the designated stop line or
yield line constitute part of the intersection.

(c)
Where a crosswalk is designated on a roadway on the departure from
the intersection, the intersection includes the area that extends to
the far side of the crosswalk.

(LL)
"Crosswalk" means:

(1)
That part of a roadway at
intersections
ordinarily
an
intersection
included
within the
real
or projected prolongation of property lines and curb lines

connections
of the lateral lines of the sidewalks on opposite sides of the
highway measured from the curbs,
or,
in the absence of curbs,
from

the
edges of the traversable roadway
,
and in the absence of a sidewalk on one side of the roadway, the part
of a roadway included within the extension of the lateral lines of
the sidewalk at right angles to the center line
;

(2)
Any portion of a roadway at an intersection or elsewhere, distinctly
indicated for pedestrian crossing by lines or other markings on the
surface
,
which might be supplemented by contrasting pavement texture, style,
or color
;

(3)
Notwithstanding divisions (LL)(1) and (2) of this section,
there
shall not be a
"
crosswalk
"
does not include an area

where local authorities have placed signs indicating no crossing.

(MM)
"Safety zone" means the area or space officially set apart
within a roadway for the exclusive use of pedestrians and protected
or marked or indicated by adequate signs as to be plainly visible at
all times.

(NN)
"Business district" means the territory fronting upon a
street or highway, including the street or highway, between
successive intersections within municipal corporations where fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or within
or outside municipal corporations where fifty per cent or more of the
frontage for a distance of three hundred feet or more is occupied by
buildings in use for business, and the character of such territory is
indicated by official traffic control devices.

(OO)
"Residence district" means the territory, not comprising a
business district, fronting on a street or highway, including the
street or highway, where, for a distance of three hundred feet or
more, the frontage is improved with residences or residences and
buildings in use for business.

(PP)
"Urban district" means the territory contiguous to and
including any street or highway which is built up with structures
devoted to business, industry, or dwelling houses situated at
intervals of less than one hundred feet for a distance of a quarter
of a mile or more, and the character of such territory is indicated
by official traffic control devices.

(QQ)
"Traffic control device" means a flagger, sign, signal,
marking,
channelization
device,
or
other device
used
to regulate, warn, or guide traffic, placed on, over, or adjacent

that
uses colors, shapes, symbols, words, sounds, or tactile information
for the primary purpose of communicating a regulatory, warning, or
guidance message
to

road
users on
a
street, highway,
private
road
site
roadway
open
to public travel, pedestrian facility,
or
shared-use path by authority of a public agency or official having
jurisdiction, or, in the case of a private road open to public
travel, by authority of the private owner or private official having
jurisdiction
bikeway,
or pathway
.

(RR)
"Traffic control signal" means
any

a

highway
traffic signal
by
which
placed
at an intersection, movable bridge, fire station, midblock crosswalk,
alternating one-way sections of a single lane road, private driveway,
or other location that requires conflicting
traffic

is
alternately
to
be
directed
to stop and permitted to proceed

in an orderly manner. "Traffic control signal" includes a
vehicular signal indication, a pedestrian signal indication, and a
bicycle symbol signal indication. "Traffic control signal"
does not include an emergency-vehicle hybrid beacon or a pedestrian
hybrid beacon
.

(SS)
"Railroad sign or signal" means any sign, signal, or device
erected by authority of a public body or official or by a railroad
and intended to give notice of the presence of railroad tracks or the
approach of a
railroad

train.

(TT)
"Traffic" means pedestrians, ridden or herded animals,
vehicles, streetcars, trackless trolleys, and other devices, either
singly or together, while using for purposes of travel any highway or

private
road
site
roadway
open
to public travel.

(UU)
"Right-of-way" means either of the following, as the
context requires:

(1)
The right of a vehicle, streetcar, trackless trolley, or pedestrian
to proceed uninterruptedly in a lawful manner in the direction in
which it or the individual is moving in preference to another
vehicle, streetcar, trackless trolley, or pedestrian approaching from
a different direction into its or the individual's path;

(2)
A general term denoting land, property, or the interest therein,
usually in the configuration of a strip, acquired for or devoted to
transportation purposes. When used in this context, right-of-way
includes the roadway, shoulders or berm, ditch, and slopes extending
to the right-of-way limits under the control of the state or local
authority.

(VV)
"Rural mail delivery vehicle" means every vehicle used to
deliver United States mail on a rural mail delivery route.

(WW)
"Funeral escort vehicle" means any motor vehicle, including
a funeral hearse, while used to facilitate the movement of a funeral
procession.

(XX)
"Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban districts
and not intended for the purpose of through vehicular traffic, and
includes any street or highway that has been declared an "alley"
by the legislative authority of the municipal corporation in which
such street or highway is located.

(YY)
"Freeway" means a divided multi-lane highway for through
traffic with all crossroads separated in grade and with full control
of access.

(ZZ)
"Expressway" means a divided arterial
street
or
highway
for through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade.

(AAA)
"Thruway" means a through highway whose entire roadway is
reserved for through traffic and on which roadway parking is
prohibited.

(BBB)
"Stop intersection" means any intersection at one or more
entrances of which stop signs are erected.

(CCC)
"Arterial street

or highway
"
means
any
United States or state numbered route, controlled access highway, or
other major radial or circumferential
a

street
or highway
primarily
used by through traffic, usually on a continuous route or a street or
highway
designated

by
local authorities within their respective jurisdictions
as
part of
a
major
an

arterial
system

of streets or highways
.

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

(EEE)
"Motorized wheelchair" means any self-propelled vehicle
designed for, and used by, a person with a disability and that is
incapable of a speed in excess of eight miles per hour.

(FFF)
"Child care center" and "type A family child care
home" have the same meanings as in section 5104.01 of the
Revised Code.

(GGG)
"Multi-wheel agricultural tractor" means a type of
agricultural tractor that has two or more wheels or tires on each
side of one axle at the rear of the tractor, is designed or used for
drawing other vehicles or wheeled machinery, has no provision for
carrying loads independently of the drawn vehicles or machinery, and
is used principally for agricultural purposes.

(HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.

(III)
"Predicate motor vehicle or traffic offense" means any of
the following:

(1)
A violation of section 4511.03, 4511.051, 4511.12, 4511.132, 4511.16,
4511.20, 4511.201, 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, 4511.432,
4511.44, 4511.441, 4511.451, 4511.452, 4511.46, 4511.47, 4511.48,
4511.481, 4511.49, 4511.50, 4511.511, 4511.522, 4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771,
4511.78, or 4511.84 of the Revised Code;

(2)
A violation of division (A)(2) of section 4511.17, divisions (A) to
(D) of section 4511.51, or division (A) of section 4511.74 of the
Revised Code;

(3)
A violation of any provision of sections 4511.01 to 4511.76 of the
Revised Code for which no penalty otherwise is provided in the
section that contains the provision violated;

(4)
A violation of section 4511.214 of the Revised Code;

(5)
A violation of a municipal ordinance that is substantially similar to
any section or provision set forth or described in division (III)(1),
(2), (3), or (4) of this section.

(JJJ)
"Road service vehicle" means wreckers, utility repair
vehicles, and state, county, and municipal service vehicles equipped
with visual signals by means of flashing, rotating, or oscillating
lights.

(KKK)
"Beacon" means a highway traffic signal with one or more
signal sections that operate in a flashing mode.

(LLL)
"Hybrid beacon" means a
special

type
of beacon that is intentionally placed in a dark mode
where
no indications are displayed
between
periods of operation
where
no indications are displayed
and,
when
in
operation
operated
,
displays both steady and flashing
highway

traffic

control

signal
indications.
"Hybrid
beacon" includes both of the following:

(1)
An emergency-vehicle hybrid beacon used to warn and control traffic
at an otherwise unsignalized location to assist authorized emergency
vehicles in entering or crossing a street or highway;

(2)
A pedestrian hybrid beacon used to warn and control traffic at an
otherwise unsignalized location to assist pedestrians in crossing a
street or highway at a marked crosswalk.

(MMM)
"Highway traffic signal" means a power-operated traffic
control device by which traffic is warned or directed to take some
specific action.
"Highway
traffic signal" includes a beacon, an in-road warning light, a
lane-use control signal, and a traffic control signal.
"Highway
traffic signal" does not include a power-operated sign, steadily
illuminated pavement marker,
gate,
flashing light signal,
warning
light, or steady burning electric lamp.

(NNN)
"Median" means
the
portion of a highway separating opposing directions of the traveled
way or
the
area between two roadways of a divided highway, measured from edge of
traveled way to edge of traveled way
,
but excluding
.
The median excludes
turn
lanes. The width of a median may be different between intersections,

between

interchanges,
and at opposite approaches of the same intersection.

(OOO)
"
Private
road
Site
roadway
open
to public travel" means a
private
toll road or road, including any adjacent sidewalks that generally
run parallel to the road, within
roadway
or bikeway on site of
a
shopping center,
office
park,
airport,

school,
university,
sports
arena,
recreational
park,
or
other similar business
,
government,

or recreation facility that is
publicly
or
privately
owned but where the public is allowed to travel without
full-time

access
restrictions. "
Private
road
Site
roadway
open
to public travel"
includes
a gated toll road but
does
not include a
road
within a private gated property
roadway

where
access is restricted at all times

by gates or guards to residents, employees, or other specifically
authorized persons
,
a parking area, a driving aisle within a parking area, or a private

highway-rail

grade
crossing.

(PPP)
"Shared-use path" means a bikeway outside the traveled way
and physically separated from motorized vehicular traffic by an open
space or barrier and either within the highway right-of-way or within
an independent alignment. A shared-use path also may be used by
pedestrians, including skaters, joggers, users of manual and
motorized wheelchairs, and other authorized motorized and
non-motorized users. A shared-use path does not include any trail
that is intended to be used primarily for mountain biking, hiking,
equestrian use, or other similar uses, or any other single track or
natural surface trail that has historically been reserved for
nonmotorized use.

(QQQ)
"Highway maintenance vehicle" means a vehicle used in snow
and ice removal or road surface maintenance, including a snow plow,
traffic line striper, road sweeper, mowing machine, asphalt
distributing vehicle, or other such vehicle designed for use in
specific highway maintenance activities.

(RRR)
"Waste collection vehicle" means a vehicle used in the
collection of garbage, refuse, trash, or recyclable materials.

(SSS)
"Electric bicycle" means a "class 1 electric bicycle,"
a "class 2 electric bicycle," or a "class 3 electric
bicycle" as defined in this section.

(TTT)
"Class 1 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches
the speed of twenty miles per hour.

(UUU)
"Class 2 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that may provide assistance regardless of whether
the rider is pedaling and is not capable of providing assistance when
the bicycle reaches the speed of twenty miles per hour.

(VVV)
"Class 3 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches
the speed of twenty-eight miles per hour.

(WWW)
"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.

(XXX)
"Natural resources officer" means an officer appointed
pursuant to section 1501.24 of the Revised Code.

(YYY)
"Wildlife officer" means an officer designated pursuant to
section 1531.13 of the Revised Code.

(ZZZ)
"In-road warning light" means a special type of highway
traffic signal that is installed in the roadway surface to warn road
users that they are approaching a condition on or adjacent to the
roadway that might not be readily apparent and might require the road
users to reduce speed or come to a complete stop.

(AAAA)
"Lane-use control signal" means a signal face or comparable
display on a full-matrix changeable message sign that displays
indications to permit or prohibit the use of specific lanes of a
roadway or a shoulder where driving is sometimes authorized or to
indicate the impending prohibition of such use.

(BBBB)
"Bicycle box" means a designated area on the approach to a
signalized intersection, between an advance motorist stop line and
the crosswalk or intersection, that is intended to provide bicyclists
a visible location to wait in front of stopped motorists during the
red signal phase.

(CCCC)
"Two-stage bicycle turn box" means a designated area at an
intersection that is intended to provide bicyclists a place to wait
for traffic to clear before proceeding in a different direction of
travel.

(DDDD)
"Bicycle lane" means a portion of a roadway that has been
designated for preferential or exclusive use by bicyclists and is
often delineated from the adjacent general-purpose lanes by
longitudinal pavement markings and either a bicycle lane symbol,
words, or signs. "Bicycle lane" includes all of the
following:

(1)
A buffer-separated bicycle lane, which is separated from the adjacent
general-purpose lanes by a pattern of standard longitudinal pavement
markings that are wider than a normal or wide-lane pavement marking;

(2)
A counter-flow bicycle lane, which is a one-directional bicycle lane
that provides a lawful path of travel for bicycles in the opposite
direction from the general traffic on a roadway that otherwise
requires the general traffic to travel in only one direction. A
counter-flow bicycle lane is designated by the traffic control
devices used for other bicycle lanes;

(3)
A separated bicycle lane, which is an exclusive facility for
bicyclists that is located within or directly adjacent to the roadway
and is physically separated from the motor vehicle traffic with a
vertical element.

(EEEE)
"Bicycle signal face" means a signal face that displays
only bicycle symbol signal indications in accordance with section
4511.15 of the Revised Code, that exclusively controls a bicyclist's
movement from a designated bicycle lane or from a separate facility,
and that displays signal indications that are applicable only to a
bicyclist's movement.

(FFFF)
"Bicycle signal sign" means a sign meant to inform road
users that the signal indications in the bicycle signal face are
intended only for bicyclists, and to inform bicyclists which
bicyclist movements are controlled by that bicycle signal face.

(GGGG)
"Bikeway" means any road, street, path, or way that in some
manner is specifically designated for bicycle travel, regardless of
whether the facility is designated for the exclusive use of bicycles
or if it is shared with other modes of transportation.

(HHHH)
"Busway" means a traveled way that is used exclusively by
buses.

(IIII)
"Driveway" means an access from a roadway to a building,
site, or abutting property.

(JJJJ)
"Roundabout" means a circular intersection with a yield
control at each entry, which permits a vehicle on the circulatory
roadway to proceed, with deflection of the approaching vehicles
counter-clockwise around a central island.

(KKKK)
"Shoulder" means a longitudinal area contiguous with the
traveled way that is used for accommodating vehicles that are stopped
for an emergency and for lateral support of base and surface courses;
graded for emergency stopping; either paved or unpaved; and when
paved, may be open for part-time travel by some or all vehicles or
may also be available for use by pedestrians or bicycles in the
absence of other pedestrian or bicycle facilities.

(LLLL)
"Autocycle," "cab-enclosed motorcycle,"
"electronic," "farm machinery," "motor-driven
cycle or motor scooter," "limited driving privileges,"
and "state" have the same meanings as in section 4501.01 of
the Revised Code.

Sec.
4511.031.
(A)(1)

(A)
As used in this section:

(1)
"Highway maintenance vehicle" means a vehicle used in snow
and ice removal, including a snow plow, when it is owned by a
political subdivision and operated by an employee of that political
subdivision.

(2)
"Peace officer" has the same meaning as in divisions
(A)(1), (12), (14), and (19) of section 109.71 of the Revised Code.

(3)
"Portable signal preemption device" means a device that, if
activated by a person, is capable of changing a highway traffic
signal to green out of sequence.

(4)
"Public safety vehicle" has the same meaning as in
divisions (E)(1), (3), and (4) of section 4511.01 of the Revised
Code.

(B)
Except as provided in divisions (C) and (D) of this section:

(1)

No
person shall possess a portable signal preemption device.

(2)
No person shall use a portable signal preemption device to affect the
operation of the
highway

traffic

control

signal.

(B)

(C)

Division

(A)(1)

(B)(1)

of
this section does not apply to any of the following persons

and division (A)(2) of this section does not apply to any of the
following persons when responding to an emergency call
:

(1)
A peace officer
,
as defined in division (A)(1), (12), (14), or (19) of section 109.71
of the Revised Code
;

(2)
A state highway patrol trooper;

(3)
A person while occupying a public safety vehicle

as defined in division (E)(1), (3), or (4) of section 4511.01 of the
Revised Code
;

(4)
The authorized employee operator of a highway maintenance vehicle
.

(C)

(D)
Division (B)(2) of this section does not apply under either of the
following circumstances:

(1)
When a person listed in divisions (C)(1) to (3) of this section is
responding to an emergency call;

(2)
When a person listed in division (C)(4) of this section is responding
to an emergency level two or level three weather event.

(E)

Whoever
violates division
(A)(1)

(B)(1)

of
this section is guilty of a misdemeanor of the fourth degree. Whoever
violates division
(A)(2)

(B)(2)

of
this section is guilty of a misdemeanor of the first degree.

(D)
As used in this section, "portable signal preemption device"
means a device that, if activated by a person, is capable of changing
a traffic control signal to green out of sequence.

Sec.
4511.09.
The
department of transportation shall adopt a manual for a uniform
system of traffic control devices, including signs denoting names of
streets and highways, for use upon any street, highway, bikeway, or

private
road
site
roadway
open
to public travel within this state. Such uniform system shall
correlate with, and so far as possible conform to, the system
approved by the federal highway administration.

Sec.
4511.091.
(A)
The driver of any motor vehicle that has been checked by radar, or by
any electrical or mechanical timing device to determine the speed of
the motor vehicle over a measured distance of a highway or a measured
distance of a private road

or driveway
,
and found to be in violation of any of the provisions of section
4511.21 or 4511.211 of the Revised Code, may be arrested until a
warrant can be obtained, provided the arresting officer has observed
the recording of the speed of the motor vehicle by the radio
microwaves, electrical or mechanical timing device, or has received a
radio message from the officer who observed the speed of the motor
vehicle recorded by the radio microwaves, electrical or mechanical
timing device; provided, in case of an arrest based on such a
message, the radio message has been dispatched immediately after the
speed of the motor vehicle was recorded and the arresting officer is
furnished a description of the motor vehicle for proper
identification and the recorded speed.

(B)
If the driver of a motor vehicle being driven on a public street or
highway of this state is observed violating any provision of this
chapter other than section 4511.21 or 4511.211 of the Revised Code by
a law enforcement officer situated at any location, including in any
type of airborne aircraft or airship, that law enforcement officer
may send a radio message to another law enforcement officer, and the
other law enforcement officer may arrest the driver of the motor
vehicle until a warrant can be obtained or may issue the driver a
citation for the violation; provided, if an arrest or citation is
based on such a message, the radio message is dispatched immediately
after the violation is observed and the law enforcement officer who
observes the violation furnishes to the law enforcement officer who
makes the arrest or issues the citation a description of the alleged
violation and the motor vehicle for proper identification.

(C)(1)
No person shall be arrested, charged, or convicted of a violation of
any provision of divisions (B) to (O) of section 4511.21 or section
4511.211 of the Revised Code or a substantially similar municipal
ordinance based on a peace officer's unaided visual estimation of the
speed of a motor vehicle, trackless trolley, or streetcar. This
division does not do any of the following:

(a)
Preclude the use by a peace officer of a stopwatch, radar, laser, or
other electrical, mechanical, or digital device to determine the
speed of a motor vehicle;

(b)
Apply regarding any violation other than a violation of divisions (B)
to (O) of section 4511.21 or section 4511.211 of the Revised Code or
a substantially similar municipal ordinance;

(c)
Preclude a peace officer from testifying that the speed of operation
of a motor vehicle, trackless trolley, or streetcar was at a speed
greater or less than a speed described in division (A) of section
4511.21 of the Revised Code, the admission into evidence of such
testimony, or preclude a conviction of a violation of that division
based in whole or in part on such testimony.

(2)
As used in this division, "peace officer" has the same
meaning as in section 2935.01 of the Revised Code.

Sec.
4511.092.
As
used in sections 4511.092 to 4511.0914 of the Revised Code:

(A)
"Designated party" means the person whom the registered
owner of a motor vehicle, upon receipt of a ticket based upon images
recorded by a traffic law photo-monitoring device that indicate a
traffic law violation, identifies as the person who was operating the
vehicle of the registered owner at the time of the violation.

(B)
"Law enforcement officer" means a
sheriff,
deputy sheriff, marshal, deputy marshal, police officer of a police
department of any municipal corporation, police constable of any
township, or police officer of a township or joint police district,

police
officer
who
is employed on a permanent, full-time basis by the law enforcement
agency of a local authority that assigns such person to the location
of a traffic law photo-monitoring device.

(C)
"Local authority" means a municipal corporation
,
county, or township
.

(D)
"Motor vehicle leasing dealer" has the same meaning as in
section 4517.01 of the Revised Code.

(E)
"Motor vehicle renting dealer" has the same meaning as in
section 4549.65 of the Revised Code.

(F)
"Recorded images" means any of the following images
recorded by a traffic law photo-monitoring device that show, on at
least one image or on a portion of the videotape, the rear of a motor
vehicle and the letters and numerals on the rear license plate of the
vehicle:

(1)
Two or more photographs, microphotographs, electronic images, or
digital images;

(2)
Videotape.

(G)
"Registered owner" means all of the following:

(1)
Any person or entity identified by the bureau of motor vehicles or
any other state motor vehicle registration bureau, department, or
office as the owner of a motor vehicle;

(2)
The lessee of a motor vehicle under a lease of six months or longer;

(3)
The renter of a motor vehicle pursuant to a written rental agreement
with a motor vehicle renting dealer.

(H)
"System location" means the approach to an intersection or
area of roadway toward which a traffic law photo-monitoring device is
directed and is in operation.

(I)
"Ticket" means any traffic ticket, citation, summons, or
other ticket issued in response to an alleged traffic law violation
detected by a traffic law photo-monitoring device, that represents a
civil violation.

(J)
"Traffic law photo-monitoring device" means an electronic
system consisting of a photographic, video, or electronic camera and
a means of sensing the presence of a motor vehicle that automatically
produces recorded images.

(K)
"Traffic law violation" means either of the following:

(1)
A violation of section 4511.12 of the Revised Code based on the
failure to comply with section 4511.13 of the Revised Code or a
substantially equivalent municipal ordinance that occurs at an
intersection due to failure to obey a
highway

traffic

control

signal;

(2)
A violation of section 4511.21 or 4511.211 of the Revised Code or a
substantially equivalent municipal ordinance due to failure to
observe the applicable speed limit.

Sec.
4511.093.
(A)
A local authority may utilize a traffic law photo-monitoring device
for the purpose of detecting traffic law violations.
If
the local authority is a county or township, the board of county
commissioners or the board of township trustees may adopt such
resolutions as may be necessary to enable the county or township to
utilize traffic law photo-monitoring devices
No
county, township, or representative of a county or township shall
utilize a traffic law photo-monitoring device to detect and enforce
traffic law violations
.

(B)
The use of a traffic law photo-monitoring device is subject to the
following conditions:

(1)
A local authority shall use a traffic law photo-monitoring device to
detect and enforce traffic law violations only if a law enforcement
officer is present at the location of the device at all times during
the operation of the device and if the local authority complies with
sections 4511.094 and 4511.095 of the Revised Code.

(2)
A law enforcement officer who is present at the location of any
traffic law photo-monitoring device and who personally witnesses a
traffic law violation may issue a ticket for the violation. Such a
ticket shall be issued in accordance with section 2935.26 of the
Revised Code and is not subject to sections 4511.096 to 4511.0910 and
section 4511.912 of the Revised Code.

(3)
If a traffic law photo-monitoring device records a traffic law
violation and the law enforcement officer who was present at the
location of the traffic law photo-monitoring device does not issue a
ticket as provided under division (B)(2) of this section, the local
authority may only issue a ticket in accordance with sections
4511.096 to 4511.0912 of the Revised Code.

(4)
If the local authority utilizing traffic law photo-monitoring devices
is a county or township, a law enforcement officer of the county or
township shall use only a handheld traffic law photo-monitoring
device held by the law enforcement officer.

(C)
No township constable appointed under section 509.01 of the Revised
Code, member of a police force of a township or joint police district
created under section 505.48 or 505.482 of the Revised Code, or other
representative of a township shall utilize a traffic law
photo-monitoring device to detect and enforce traffic law violations
on an interstate highway.

Sec.
4511.094.
(A)
No local authority shall use traffic law photo-monitoring devices to
detect or enforce any traffic law violation until after it has done
both of the following:

(1)
Erected signs on every highway that is not a freeway that is part of
the state highway system and that enters that local authority
informing inbound traffic that the local authority utilizes traffic
law photo-monitoring devices to enforce traffic laws;

(2)
Beginning on
the
effective date of this amendment
March
23, 2015
,
erected signs at each fixed system location informing motorists that
a traffic law photo-monitoring device is present at the location.

The
local authority shall erect the signs within the first three hundred
feet of the boundary of the local authority or within three hundred
feet of the fixed system location, as applicable. If the signs cannot
be located within the first three hundred feet of the boundary of the
local authority or within three hundred feet of the fixed system
location, the local authority shall erect the signs as close to that
distance as possible. If a particular highway enters and exits the
territory of a local authority multiple times, the local authority
shall erect the signs as required by division (A)(1) of this section
at the locations in each direction of travel where inbound traffic on
the highway first enters the territory of the local authority and is
not required to erect additional signs along such highway each time
the highway reenters the territory of the local authority. The local
authority is responsible for all costs associated with the erection,
maintenance, and replacement, if necessary, of the signs. The local
authority shall ensure that all signs erected under this division
conform in size, color, location, and content to standards contained
in the manual adopted by the department of transportation pursuant to
section 4511.09 of the Revised Code and shall remain in place for as
long as the local authority utilizes traffic law photo-monitoring
devices to enforce any traffic law.

(B)
A ticket issued by or on behalf of the local authority for any
traffic law violation based upon evidence recorded by a traffic law
photo-monitoring device is invalid under the following circumstances:

(1)
If the ticket was issued after March 12, 2009, but before the signs
required under division (A)(1) of this section were erected;

(2)
If the ticket was issued after
the
effective date of this amendment
March
23, 2015
,
but before the signs required under division (A)(2) of this section
were erected.

However,
if a local authority is in substantial compliance with the
requirements of division (A)(1) or (2) of this section, as
applicable, a ticket issued by the local authority under sections
4511.096 to 4511.0912 of the Revised Code is valid.

(C)
A local authority is deemed to be in substantial compliance with the
requirement of division (A)(1) or (2) of this section, as applicable,
to erect the advisory signs if the authority does both of the
following:

(1)
First erects all signs as required by division (A)(1) or (2) of this
section, as applicable, and subsequently maintains and replaces the
signs as needed so that at all times at least ninety per cent of the
required signs are in place and functional;

(2)
Annually documents and upon request certifies its compliance with
division (C)(1) of this section.

(D)
A local authority that uses traffic law photo-monitoring devices to
detect or enforce any traffic law violation at an intersection where
traffic is controlled by
highway

traffic

control

signals
that exhibit different colored lights or colored lighted arrows shall
time the operation of the yellow lights and yellow arrows of those

highway

traffic

control

signals
so that the steady yellow indication exceeds by one second the
minimum duration for yellow indicators at similar intersections as
established by the provisions of the manual adopted by the department
of transportation under section 4511.09 of the Revised Code.

Sec.
4511.11.
(A)
Local authorities in their respective jurisdictions shall place and
maintain traffic control devices in accordance with the department of
transportation manual for a uniform system of traffic control
devices, adopted under section 4511.09 of the Revised Code, upon
highways under their jurisdiction as are necessary to indicate and to
carry out sections 4511.01 to 4511.76 and 4511.99 of the Revised
Code, local traffic ordinances, or to regulate, warn, or guide
traffic.

(B)
The director of transportation may require to be removed any traffic
control device that does not conform to the manual for a uniform
system of traffic control devices on the extensions of the state
highway system within municipal corporations.

(C)
No village shall place or maintain any
highway

traffic

control

signal
upon an extension of the state highway system within the village
without first obtaining the permission of the director. The director
may revoke the permission and may require to be removed any
highway

traffic

control

signal
that has been erected without the director's permission on an
extension of a state highway within a village, or that, if erected
under a permit granted by the director, does not conform to the state
manual, or that is not operated in accordance with the terms of the
permit.

(D)
All traffic control devices erected on any street, highway, alley,
bikeway, or
private
road
site
roadway
open
to public travel shall conform to the state manual.

(E)
No person, firm, or corporation shall sell or offer for sale to local
authorities any traffic control device that does not conform to the
state manual, except by permission of the director.

(F)
No local authority shall purchase or manufacture any traffic control
device that does not conform to the state manual, except by
permission of the director.

(G)
Whoever violates division (E) of this section is guilty of a
misdemeanor of the third degree.

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

(A)
Steady green signal indication:

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

(i)
Pedestrians lawfully within an associated crosswalk;

(ii)
Other vehicles lawfully within the intersection.

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

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

(a)
Pedestrians lawfully within an associated crosswalk;

(b)
Other traffic lawfully using the intersection.

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

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

(B)
Steady yellow signal indication:

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

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

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

(C)
Steady red signal indication:

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

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

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

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

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

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

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

(E)
Flashing yellow signal indication:

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

(i)
Pedestrians lawfully within an associated crosswalk;

(ii)
Other vehicles lawfully within the intersection.

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

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

(i)
Pedestrians lawfully within an associated crosswalk;

(ii)
Other vehicles lawfully within the intersection.

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

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

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

(F)
Flashing red signal indication:

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

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

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

(4)
Vehicular traffic, on an approach to an intersection, facing a
flashing red arrow signal indication and if intending to turn in the
direction indicated by the arrow, shall stop at a clearly marked stop
line; but if there is no stop line, before entering the crosswalk on
the near side of the intersection; or if there is no crosswalk, at
the point nearest the intersecting roadway where the driver has a
view of approaching traffic on the intersecting roadway before
entering the intersection. The right to proceed shall be subject to
the provisions that are applicable after making a stop at a stop
sign.

(G)

Transit
vehicle signal indication:

(1)
Light rail and mass transit system bus traffic, on an approach to an
intersection from a designated busway or other designated transit
vehicle lane or tracks shall do all of the following:

(a)
Stop when facing a steady horizontal white line;

(b)
Proceed straight ahead when facing a steady vertical white line;

(c)
Only turn or proceed left when facing a steady diagonal white line
that begins in the lower right corner and angles up and to the left;

(d)
Only turn or proceed right when facing a steady diagonal white line
that begins in the lower left corner and angles up and to the right;

(e)
Prepare to stop when facing a flashing vertical white line.

(2)
As used in division (G)(1) of this section, "mass transit
system" and "bus" have the same meanings as in section
4511.78 of the Revised Code.

(H)

In
the event an official
traffic-control

highway
traffic
signal
is erected and maintained at a place other than an intersection, the
provisions of this section shall be applicable except as to those
provisions which by their nature can have no application. Any stop
required shall be made at a sign or marking on the pavement
indicating where the stop shall be made, but in the absence of any
such sign or marking the stop shall be made at the signal.

(H)
(I)

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

Sec.
4511.131.
The
meanings of lane-use control signal indications are as follows:

(A)
A steady downward green arrow
:

A
road user is permitted to drive in
means
that
the
lane over which the arrow signal indication is located

is open to vehicle travel in that direction
.

(B)
A steady yellow "X"
:

A
road user is to prepare to vacate
means
that
the
lane over which the signal indication is located
because
a lane control change is being made to
is
about to be closed to vehicle traffic in that direction and will be
followed by
a
steady red "X" signal indication
,
either within the same signal face or in a downstream signal face
.

(C)
A steady white two-way left-turn arrow
:

A
road user is permitted to use a
means
that the
lane
over which the signal indication is located
for

is
open to traffic making
a
left turn

from either direction of travel
,
but not for through travel
,
with the understanding that common use of the lane by oncoming road
users for left turns also is permitted
.

(D)
A steady white one-way left-turn arrow
:

A
road user is permitted to use a
means
that the
lane
over which the signal indication is located
for

is
open to traffic making
a
left turn

in that direction
,
without opposing turns in the same lane, but not for through travel.

(E)
A steady red "X"
:

A
road user is not permitted to use
means
that
the
lane over which the signal indication is located
and
that this signal indication shall modify accordingly the meaning of
other traffic controls present
is
closed to vehicle traffic in the direction viewed by the road user
.

Sec.
4511.132.
(A)
The driver of a vehicle, streetcar, or trackless trolley who
approaches an intersection where traffic is controlled by
highway

traffic

control

signals
shall do all of the following if the signal facing the driver
exhibits no colored lights or colored lighted arrows, exhibits a
combination of such lights or arrows that fails to clearly indicate
the assignment of right-of-way, or, if the vehicle is a bicycle or an
electric bicycle, the signals are otherwise malfunctioning due to the
failure of a vehicle detector to detect the presence of the bicycle
or electric bicycle:

(1)
Stop at a clearly marked stop line, but if none, stop before entering
the crosswalk on the near side of the intersection, or, if none, stop
before entering the intersection;

(2)
Yield the right-of-way to all vehicles, streetcars, or trackless
trolleys in the intersection or approaching on an intersecting road,
if the vehicles, streetcars, or trackless trolleys will constitute an
immediate hazard during the time the driver is moving across or
within the intersection or junction of roadways;

(3)
Exercise ordinary care while proceeding through the intersection.

(B)
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.
4511.15.
Bicycle
symbol signal indications have the following meanings:

(A)
A steady green bicycle signal indication means that bicyclists are
permitted to enter the intersection only to make the movement
indicated by the lane-use arrow displayed on the bicycle signal sign
that is located immediately adjacent to the bicycle signal face.
Bicyclists proceeding into the intersection during the display of the
indication shall yield the right-of-way to both of the following:

(1)
Pedestrians lawfully within an associated crosswalk;

(2)
Other vehicles lawfully within the intersection.

(B)
A steady yellow bicycle signal indication means that bicyclists are
warned that the related green movement is being terminated and that a
steady red bicycle signal indication will be displayed immediately
thereafter when bicyclists shall not enter the intersection. The
provisions governing bicyclist operations under the movement being
terminated continue to apply while the steady yellow bicycle signal
indication is displayed.

(C)(a)
A steady red bicycle signal indication means that bicyclists shall
not enter the intersection to make the movement indicated by the
lane-use arrow displayed on the bicycle signal sign that is located
immediately adjacent to the bicycle signal face. Unless the bicyclist
is entering the intersection to make another movement permitted by
another bicycle symbol signal indication, the bicyclist shall stop at
a clearly marked stop line; but if there is no stop line, shall stop
before entering the crosswalk on the near side of the intersection;
or if there is no crosswalk, shall stop before entering the
intersection; and shall remain stopped until a green bicycle signal
indication to proceed is displayed.

(b)
Except when a traffic control device is in place prohibiting a turn
on red, bicyclists facing a steady red bicycle signal indication are
permitted to enter the intersection to turn right if there are no
approach lanes for motor vehicle traffic to their right. The right to
proceed with the turn is subject to the provisions that are
applicable after making a stop at a stop sign.

(D)
A flashing green bicycle signal indication and a flashing yellow
bicycle signal indication have no meaning and shall not be used.

(E)
A flashing red bicycle signal indication means that bicyclists shall
stop at a clearly marked stop line; but if there is no stop line,
shall stop before entering the crosswalk on the near side of the
intersection; or if there is no crosswalk, shall stop at the point
nearest the intersecting roadway where the bicyclists have a view of
approaching traffic on that roadway before entering the intersection.
The right to make the movement indicated by the lane-use arrow
displayed on the bicycle signal sign that is located immediately
adjacent to the bicycle signal face is subject to the provisions that
are applicable after making a stop at a stop sign.

Sec.
4511.18.
(A)
As used in this section, "traffic control device" means any
sign,
highway

traffic

control

signal,
or other device conforming to and placed or erected in accordance
with the manual adopted under section 4511.09 of the Revised Code by
authority of a public body or official having jurisdiction, for the
purpose of regulating, warning, or guiding traffic, including signs
denoting the names of streets and highways, but does not mean any
pavement marking.

(B)
No individual shall buy or otherwise possess, or sell, a traffic
control device, except when one of the following applies:

(1)
In the course of the individual's employment by the state or a local
authority for the express or implied purpose of manufacturing,
providing, erecting, moving, or removing such a traffic control
device;

(2)
In the course of the individual's employment by any manufacturer of
traffic control devices other than a state or local authority;

(3)
For the purpose of demonstrating the design and function of a traffic
control device to state or local officials;

(4)
When the traffic control device has been purchased from the state or
a local authority at a sale of property that is no longer needed or
is unfit for use;

(5)
The traffic control device has been properly purchased from a
manufacturer for use on private property and the person possessing
the device has a sales receipt for the device or other acknowledgment
of sale issued by the manufacturer.

(C)
This section does not preclude, and shall not be construed as
precluding, prosecution for theft in violation of section 2913.02 of
the Revised Code or a municipal ordinance relating to theft, or for
receiving stolen property in violation of section 2913.51 of the
Revised Code or a municipal ordinance relating to receiving stolen
property.

(D)
Whoever violates this section is guilty of a misdemeanor of the third
degree.

Sec.
4511.204.
(A)
No person shall operate a motor vehicle, trackless trolley, or
streetcar on any street, highway, or property open to the public for
vehicular traffic while using, holding, or physically supporting with
any part of the person's body an electronic wireless communications
device.

(B)
Division (A) of this section does not apply to any of the following:

(1)
A person using an electronic wireless communications device 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 a public safety vehicle while using an electronic
wireless communications device in the course of the person's duties;

(3)
A person using an electronic wireless communications device when the
person's motor vehicle is in a stationary position and is outside a
lane of travel, at a
highway

traffic

control

signal
that is currently directing traffic to stop, or parked on a road or
highway due to an emergency or road closure;

(4)
A person using and holding an electronic wireless communications
device directly near the person's ear for the purpose of making,
receiving, or conducting a telephone call, provided that the person
does not manually enter letters, numbers, or symbols into the device;

(5)
A person receiving wireless messages on an electronic wireless
communications device regarding the operation or navigation of a
motor vehicle; safety-related information, including emergency,
traffic, or weather alerts; or data used primarily by the motor
vehicle, provided that the person does not hold or support the device
with any part of the person's body;

(6)
A person using the speaker phone function of the electronic wireless
communications device, provided that the person does not hold or
support the device with any part of the person's body;

(7)
A person using an electronic wireless communications device for
navigation purposes, provided that the person does not do either of
the following during the use:

(a)
Manually enter letters, numbers, or symbols into the device;

(b)
Hold or support the device with any part of the person's body.

(8)
A person using a feature or function of the electronic wireless
communications device with a single touch or single swipe, provided
that the person does not do either of the following during the use:

(a)
Manually enter letters, numbers, or symbols into the device;

(b)
Hold or support the device with any part of the person's body.

(9)
A person operating a commercial truck while using a mobile data
terminal that transmits and receives data;

(10)
A person operating 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;

(11)
A person using an electronic wireless communications device in
conjunction with a voice-operated or hands-free feature or function
of the vehicle or of the device without the use of either hand except
to activate, deactivate, or initiate the feature or function with a
single touch or swipe, provided the person does not hold or support
the device with any part of the person's body;

(12)
A person using technology that physically or electronically
integrates the device into the motor vehicle, provided that the
person does not do either of the following during the use:

(a)
Manually enter letters, numbers, or symbols into the device;

(b)
Hold or support the device with any part of the person's body.

(13)
A person storing an electronic wireless communications device in a
holster, harness, or article of clothing on the person's body.

(C)(1)
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.

(2)
If a law enforcement officer issues an offender a ticket, citation,
or summons for a violation of division (A) of this section, the
officer shall do both of the following:

(a)
Report the issuance of the ticket, citation, or summons to the
officer's law enforcement agency;

(b)
Ensure that such report indicates the offender's race.

(D)
Whoever violates division (A) of this section is guilty of operating
a motor vehicle while using an electronic wireless communication
device, an unclassified misdemeanor, and shall be punished as
provided in divisions (D)(1) to (5) of this section.

(1)
The offender shall be fined, and is subject to a suspension of the
offender's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege, as follows:

(a)
Except as provided in divisions (D)(1)(b), (c), (d), and (2) of this
section, the court shall impose upon the offender a fine of not more
than one hundred fifty dollars.

(b)
If, within two 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 more than two hundred fifty
dollars.

(c)
If, within two 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 more than five
hundred dollars. The court also may impose a suspension of the
offender's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege for ninety days.

(d)
Notwithstanding divisions (D)(1)(a) to (c) of this section, if the
offender was operating the motor vehicle at the time of the violation
in a construction zone where a sign was posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to all
other penalties provided by law, shall impose upon the offender a
fine of two times the amount imposed for the violation under division
(D)(1)(a), (b), or (c) of this section, as applicable.

(2)
If the offender is in the category of offenders to whom division
(D)(1)(a) of this section applies, in lieu of payment of the fine of
one hundred fifty dollars under division (D)(1)(a) of this section
and the assessment of points under division (D)(4) of this section,
the offender instead may elect to attend the distracted driving
safety course, as described in section 4511.991 of the Revised Code.
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 not be required
to pay the fine and shall not have the points assessed against that
offender's driver's license if the offender submits the written
evidence to the court within 90 days of the violation of division (A)
of this section. However, successful completion of the course does
not result in a dismissal of the charges for the violation, and the
violation is a prior offense under divisions (D)(1)(b) and (c) of
this section if the offender commits a subsequent violation or
violations of division (A) of this section within two years of the
offense for which the course was completed. This division does not
apply with respect to any offender in the category of offenders to
whom division (D)(1)(b), (c), or (d) of this section applies.

(3)
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
(D)(1) of this section. The court also shall not impose a jail term
or community residential sanction.

(4)
Except as provided in division (D)(2) of this section, points shall
be assessed for a violation of division (A) of this section in
accordance with section 4510.036 of the Revised Code.

(5)
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.

(E)
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)
A prosecution for an offense in violation of this section does not
preclude a prosecution for an offense in violation of a substantially
equivalent municipal ordinance based on the same conduct. However,
the two offenses are allied offenses of similar import under section
2941.25 of the Revised Code.

(G)(1)
A law enforcement officer does not have probable cause and shall not
stop the operator of a motor vehicle for purposes of enforcing this
section unless the officer visually observes the operator using,
holding, or physically supporting with any part of the person's body
the electronic wireless communications device.

(2)
A law enforcement officer who stops the operator of a motor vehicle,
trackless trolley, or streetcar for a violation of division (A) of
this section shall inform the operator that the operator may decline
a search of the operator's electronic wireless communications device.
The officer shall not do any of the following:

(a)
Access the device without a warrant, unless the operator voluntarily
and unequivocally gives consent for the officer to access the device;

(b)
Confiscate the device while awaiting the issuance of a warrant to
access the device;

(c)
Obtain consent from the operator to access the device through
coercion or any other improper means. Any consent by the operator to
access the device shall be voluntary and unequivocal before the
officer may access the device without a warrant.

(H)
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.

An
"electronic wireless communications device" does not
include a two-way radio transmitter or receiver used by a person who
is licensed by the federal communications commission to participate
in the amateur radio service.

(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.

Sec.
4511.21.
(A)
No person shall operate a motor vehicle, trackless trolley, or
streetcar at a speed greater or less than is reasonable or proper,
having due regard to the traffic, surface, and width of the street or
highway and any other conditions, and no person shall drive any motor
vehicle, trackless trolley, or streetcar in and upon any street or
highway at a greater speed than will permit the person to bring it to
a stop within the assured clear distance ahead.

(B)
It is prima-facie lawful, in the absence of a lower limit declared or
established pursuant to this section by the director of
transportation or local authorities, for the operator of a motor
vehicle, trackless trolley, or streetcar to operate the same at a
speed not exceeding the following:

(1)(a)
Twenty miles per hour in school zones during school recess and while
children are going to or leaving school during the opening or closing
hours, and when twenty miles per hour school speed limit signs are
erected; except that, on controlled-access highways and expressways,
if the right-of-way line fence has been erected without pedestrian
opening, the speed shall be governed by division (B)(4) of this
section and on freeways, if the right-of-way line fence has been
erected without pedestrian opening, the speed shall be governed by
divisions (B)(10) and (11) of this section. The end of every school
zone may be marked by a sign indicating the end of the zone. Nothing
in this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or other
lights, or giving other special notice of the hours in which the
school zone speed limit is in effect.

(b)
As used in this section and in section 4511.212 of the Revised Code,
"school" means all of the following:

(i)
Any school chartered under section 3301.16 of the Revised Code;

(ii)
Any nonchartered school that during the preceding year filed with the
department of education and workforce in compliance with rule
3301-35-08 of the Ohio Administrative Code, a copy of the school's
report for the parents of the school's pupils certifying that the
school meets Ohio minimum standards for nonchartered,
nontax-supported schools and presents evidence of this filing to the
jurisdiction from which it is requesting the establishment of a
school zone;

(iii)
Any special elementary school that in writing requests the county
engineer of the county in which the special elementary school is
located to create a school zone at the location of that school. Upon
receipt of such a written request, the county engineer shall create a
school zone at that location by erecting the appropriate signs.

(iv)
Any preschool education program operated by an educational service
center that is located on a street or highway with a speed limit of
forty-five miles per hour or more, when the educational service
center in writing requests that
either
the director of transportation or
the
county engineer of the county in which the program is located
,
as applicable based on who has jurisdiction of the street or highway,
to

create a school zone at the location of that program. Upon receipt of
such a written request, the
director
or the
county
engineer shall create a school zone at that location by erecting the
appropriate signs.

(c)
As used in this section, "school zone" means that portion
of a street or highway passing a school fronting upon the street or
highway that is encompassed by projecting the school property lines
to the fronting street or highway, and also includes that portion of
a state highway. Upon request from local authorities for streets and
highways under their jurisdiction and that portion of a state highway
under the jurisdiction of the director of transportation or a request
from a county engineer in the case of a school zone for a special
elementary school, the director may extend the traditional school
zone boundaries. The distances in divisions (B)(1)(c)(i), (ii), and
(iii) of this section shall not exceed three hundred feet per
approach per direction and are bounded by whichever of the following
distances or combinations thereof the director approves as most
appropriate:

(i)
The distance encompassed by projecting the school building lines
normal to the fronting highway and extending a distance of three
hundred feet on each approach direction;

(ii)
The distance encompassed by projecting the school property lines
intersecting the fronting highway and extending a distance of three
hundred feet on each approach direction;

(iii)
The distance encompassed by the special marking of the pavement for a
principal school pupil crosswalk plus a distance of three hundred
feet on each approach direction of the highway.

Nothing
in this section shall be construed to invalidate the director's
initial action on August 9, 1976, establishing all school zones at
the traditional school zone boundaries defined by projecting school
property lines, except when those boundaries are extended as provided
in divisions (B)(1)(a) and (c) of this section.

(d)
As used in this division, "crosswalk" has the meaning given
that term in division (LL)(2) of section 4511.01 of the Revised Code.

The
director may, upon request by resolution of the legislative authority
of a municipal corporation, the board of trustees of a township, or a
county board of developmental disabilities created pursuant to
Chapter 5126. of the Revised Code, and upon submission by the
municipal corporation, township, or county board of such engineering,
traffic, and other information as the director considers necessary,
designate a school zone on any portion of a state route lying within
the municipal corporation, lying within the unincorporated territory
of the township, or lying adjacent to the property of a school that
is operated by such county board, that includes a crosswalk
customarily used by children going to or leaving a school during
recess and opening and closing hours, whenever the distance, as
measured in a straight line, from the school property line nearest
the crosswalk to the nearest point of the crosswalk is no more than
one thousand three hundred twenty feet. Such a school zone shall
include the distance encompassed by the crosswalk and extending three
hundred feet on each approach direction of the state route.

(e)
As used in this section, "special elementary school" means
a school that meets all of the following criteria:

(i)
It is not chartered and does not receive tax revenue from any source.

(ii)
It does not educate children beyond the eighth grade.

(iii)
It is located outside the limits of a municipal corporation.

(iv)
A majority of the total number of students enrolled at the school are
not related by blood.

(v)
The principal or other person in charge of the special elementary
school annually sends a report to the superintendent of the school
district in which the special elementary school is located indicating
the total number of students enrolled at the school, but otherwise
the principal or other person in charge does not report any other
information or data to the superintendent.

(2)
Twenty-five miles per hour in all other portions of a municipal
corporation, except on state routes outside business districts,
through highways outside business districts, and alleys;

(3)
Thirty-five miles per hour on all state routes or through highways
within municipal corporations outside business districts, except as
provided in divisions (B)(4) and (6) of this section;

(4)
Fifty miles per hour on controlled-access highways and expressways
within municipal corporations, except as provided in divisions
(B)(12), (13), (14), (15), and (16) of this section;

(5)
Fifty-five miles per hour on highways outside municipal corporations,
other than highways within island jurisdictions as provided in
division (B)(8) of this section, highways as provided in divisions
(B)(9) and (10) of this section, and highways, expressways, and
freeways as provided in divisions (B)(12), (13), (14), and (16) of
this section;

(6)
Fifty miles per hour on state routes within municipal corporations
outside urban districts unless a lower prima-facie speed is
established as further provided in this section;

(7)
Fifteen miles per hour on all alleys within the municipal
corporation;

(8)
Thirty-five miles per hour on highways outside municipal corporations
that are within an island jurisdiction;

(9)
Thirty-five miles per hour on through highways, except state routes,
that are outside municipal corporations and that are within a
national park with boundaries extending through two or more counties;

(10)
Sixty miles per hour on two-lane state routes outside municipal
corporations as established by the director under division (H)(2) of
this section;

(11)
Fifty-five miles per hour on freeways with paved shoulders inside
municipal corporations, other than freeways as provided in divisions
(B)(14) and (16) of this section;

(12)
Sixty miles per hour on rural expressways with traffic control
signals and on all portions of rural divided highways, except as
provided in divisions (B)(13) and (14) of this section;

(13)
Sixty-five miles per hour on all rural expressways without traffic
control signals;

(14)
Seventy miles per hour on all rural freeways;

(15)
Fifty-five miles per hour on all portions of freeways or expressways
in congested areas as determined by the director and that are located
within a municipal corporation or within an interstate freeway
outerbelt, except as provided in division (B)(16) of this section;

(16)
Sixty-five miles per hour on all portions of freeways or expressways
without traffic control signals in urbanized areas.

(C)
It is prima-facie unlawful for any person to exceed any of the speed
limitations in divisions (B)(1)(a), (2), (3), (4), (6), (7), (8), and
(9) of this section, or any declared or established pursuant to this
section by the director or local authorities and it is unlawful for
any person to exceed any of the speed limitations in division (D) of
this section. No person shall be convicted of more than one violation
of this section for the same conduct, although violations of more
than one provision of this section may be charged in the alternative
in a single affidavit.

(D)
No person shall operate a motor vehicle, trackless trolley, or
streetcar upon a street or highway as follows:

(1)
At a speed exceeding fifty-five miles per hour, except upon a
two-lane state route as provided in division (B)(10) of this section
and upon a highway, expressway, or freeway as provided in divisions
(B)(12), (13), (14), and (16) of this section;

(2)
At a speed exceeding sixty miles per hour upon a two-lane state route
as provided in division (B)(10) of this section and upon a highway as
provided in division (B)(12) of this section;

(3)
At a speed exceeding sixty-five miles per hour upon an expressway as
provided in division (B)(13) or upon a freeway as provided in
division (B)(16) of this section, except upon a freeway as provided
in division (B)(14) of this section;

(4)
At a speed exceeding seventy miles per hour upon a freeway as
provided in division (B)(14) of this section;

(5)
At a speed exceeding the posted speed limit upon a highway,
expressway, or freeway for which the director has determined and
declared a speed limit pursuant to division (I)(2) or (L)(2) of this
section.

(E)
In every charge of violation of this section the affidavit and
warrant shall specify the time, place, and speed at which the
defendant is alleged to have driven, and in charges made in reliance
upon division (C) of this section also the speed which division
(B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit
declared or established pursuant to, this section declares is
prima-facie lawful at the time and place of such alleged violation,
except that in affidavits where a person is alleged to have driven at
a greater speed than will permit the person to bring the vehicle to a
stop within the assured clear distance ahead the affidavit and
warrant need not specify the speed at which the defendant is alleged
to have driven.

(F)
When a speed in excess of both a prima-facie limitation and a
limitation in division (D) of this section is alleged, the defendant
shall be charged in a single affidavit, alleging a single act, with a
violation indicated of both division (B)(1)(a), (2), (3), (4), (6),
(7), (8), or (9) of this section, or of a limit declared or
established pursuant to this section by the director or local
authorities, and of the limitation in division (D) of this section.
If the court finds a violation of division (B)(1)(a), (2), (3), (4),
(6), (7), (8), or (9) of, or a limit declared or established pursuant
to, this section has occurred, it shall enter a judgment of
conviction under such division and dismiss the charge under division
(D) of this section. If it finds no violation of division (B)(1)(a),
(2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or
established pursuant to, this section, it shall then consider whether
the evidence supports a conviction under division (D) of this
section.

(G)
Points shall be assessed for violation of a limitation under division
(D) of this section in accordance with section 4510.036 of the
Revised Code.

(H)(1)
Whenever the director determines upon the basis of criteria
established by an engineering study, as defined by the director, that
any speed limit set forth in divisions (B)(1)(a) to (D) of this
section is greater or less than is reasonable or safe under the
conditions found to exist at any portion of a street or highway under
the jurisdiction of the director, the director shall determine and
declare a reasonable and safe prima-facie speed limit, which shall be
effective when appropriate signs giving notice of it are erected at
the location.

(2)
Whenever the director determines upon the basis of criteria
established by an engineering study, as defined by the director, that
the speed limit of fifty-five miles per hour on a two-lane state
route outside a municipal corporation is less than is reasonable or
safe under the conditions found to exist at that portion of the state
route, the director may determine and declare a speed limit of sixty
miles per hour for that portion of the state route, which shall be
effective when appropriate signs giving notice of it are erected at
the location.

(3)(a)
For purposes of the safe and orderly movement of traffic upon any
portion of a street or highway under the jurisdiction of the
director, the director may establish a variable speed limit that is
different than the speed limit established by or under this section
on all or portions of interstate six hundred seventy, interstate two
hundred seventy-five, and interstate ninety commencing at the
intersection of that interstate with interstate seventy-one and
continuing to the border of the state of Ohio with the state of
Pennsylvania. The director shall establish criteria for determining
the appropriate use of variable speed limits and shall establish
variable speed limits in accordance with the criteria. The director
may establish variable speed limits based upon the time of day,
weather conditions, traffic incidents, or other factors that affect
the safe speed on a street or highway. The director shall not
establish a variable speed limit that is based on a particular type
or class of vehicle. A variable speed limit established by the
director under this section is effective when appropriate signs
giving notice of the speed limit are displayed at the location.

(b)
Except for variable speed limits established under division (H)(3)(a)
of this section, the director shall establish a variable speed limit
under the authority granted to the director by this section on not
more than two additional highways and only pursuant to criteria
established in rules adopted in accordance with Chapter 119. of the
Revised Code. The rules shall be based on the criteria described in
division (H)(3)(a) of this section. The rules also shall establish
the parameters of any engineering study necessary for determining
when variable speed limits are appropriate.

(4)
Nothing in this section shall be construed to limit the authority of
the director to establish speed limits within a construction zone as
authorized under section 4511.98 of the Revised Code.

(I)(1)
Except as provided in divisions (I)(2), (J), (K), and (N) of this
section, whenever local authorities determine upon the basis of
criteria established by an engineering study, as defined by the
director, that the speed permitted by divisions (B)(1)(a) to (D) of
this section, on any part of a highway under their jurisdiction, is
greater than is reasonable and safe under the conditions found to
exist at such location, the local authorities may by resolution
request the director to determine and declare a reasonable and safe
prima-facie speed limit. Upon receipt of such request the director
may determine and declare a reasonable and safe prima-facie speed
limit at such location, and if the director does so, then such
declared speed limit shall become effective only when appropriate
signs giving notice thereof are erected at such location by the local
authorities. The director may withdraw the declaration of a
prima-facie speed limit whenever in the director's opinion the
altered prima-facie speed limit becomes unreasonable. Upon such
withdrawal, the declared prima-facie speed limit shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.

(2)
A local authority may determine on the basis of criteria established
by an engineering study, as defined by the director, that the speed
limit of sixty-five or seventy miles per hour on a portion of a
freeway under its jurisdiction is greater than is reasonable or safe
under the conditions found to exist at that portion of the freeway.
If the local authority makes such a determination, the local
authority by resolution may request the director to determine and
declare a reasonable and safe speed limit of not less than fifty-five
miles per hour for that portion of the freeway. If the director takes
such action, the declared speed limit becomes effective only when
appropriate signs giving notice of it are erected at such location by
the local authority.

(J)
Local authorities in their respective jurisdictions may authorize by
ordinance higher prima-facie speeds than those stated in this section
upon through highways, or upon highways or portions thereof where
there are no intersections, or between widely spaced intersections,
provided signs are erected giving notice of the authorized speed, but
local authorities shall not modify or alter the basic rule set forth
in division (A) of this section or in any event authorize by
ordinance a speed in excess of the maximum speed permitted by
division (D) of this section for the specified type of highway.

Alteration
of prima-facie limits on state routes by local authorities shall not
be effective until the alteration has been approved by the director.
The director may withdraw approval of any altered prima-facie speed
limits whenever in the director's opinion any altered prima-facie
speed becomes unreasonable, and upon such withdrawal, the altered
prima-facie speed shall become ineffective and the signs relating
thereto shall be immediately removed by the local authorities.

(K)(1)
As used in divisions (K)(1), (2), (3), and (4) of this section,
"unimproved highway" means a highway consisting of any of
the following:

(a)
Unimproved earth;

(b)
Unimproved graded and drained earth;

(c)
Gravel.

(2)
Except as otherwise provided in divisions (K)(4) and (5) of this
section, whenever a board of township trustees determines upon the
basis of criteria established by an engineering study, as defined by
the director, that the speed permitted by division (B)(5) of this
section on any part of an unimproved highway under its jurisdiction
and in the unincorporated territory of the township is greater than
is reasonable or safe under the conditions found to exist at the
location, the board may by resolution declare a reasonable and safe
prima-facie speed limit of fifty-five but not less than twenty-five
miles per hour. An altered speed limit adopted by a board of township
trustees under this division becomes effective when appropriate
traffic control devices, as prescribed in section 4511.11 of the
Revised Code, giving notice thereof are erected at the location,
which shall be no sooner than sixty days after adoption of the
resolution.

(3)(a)
Whenever, in the opinion of a board of township trustees, any altered
prima-facie speed limit established by the board under this division
becomes unreasonable, the board may adopt a resolution withdrawing
the altered prima-facie speed limit. Upon the adoption of such a
resolution, the altered prima-facie speed limit becomes ineffective
and the traffic control devices relating thereto shall be immediately
removed.

(b)
Whenever a highway ceases to be an unimproved highway and the board
has adopted an altered prima-facie speed limit pursuant to division
(K)(2) of this section, the board shall, by resolution, withdraw the
altered prima-facie speed limit as soon as the highway ceases to be
unimproved. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic control
devices relating thereto shall be immediately removed.

(4)(a)
If the boundary of two townships rests on the centerline of an
unimproved highway in unincorporated territory and both townships
have jurisdiction over the highway, neither of the boards of township
trustees of such townships may declare an altered prima-facie speed
limit pursuant to division (K)(2) of this section on the part of the
highway under their joint jurisdiction unless the boards of township
trustees of both of the townships determine, upon the basis of
criteria established by an engineering study, as defined by the
director, that the speed permitted by division (B)(5) of this section
is greater than is reasonable or safe under the conditions found to
exist at the location and both boards agree upon a reasonable and
safe prima-facie speed limit of less than fifty-five but not less
than twenty-five miles per hour for that location. If both boards so
agree, each shall follow the procedure specified in division (K)(2)
of this section for altering the prima-facie speed limit on the
highway. Except as otherwise provided in division (K)(4)(b) of this
section, no speed limit altered pursuant to division (K)(4)(a) of
this section may be withdrawn unless the boards of township trustees
of both townships determine that the altered prima-facie speed limit
previously adopted becomes unreasonable and each board adopts a
resolution withdrawing the altered prima-facie speed limit pursuant
to the procedure specified in division (K)(3)(a) of this section.

(b)
Whenever a highway described in division (K)(4)(a) of this section
ceases to be an unimproved highway and two boards of township
trustees have adopted an altered prima-facie speed limit pursuant to
division (K)(4)(a) of this section, both boards shall, by resolution,
withdraw the altered prima-facie speed limit as soon as the highway
ceases to be unimproved. Upon the adoption of the resolution, the
altered prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.

(5)
As used in division (K)(5) of this section:

(a)
"Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a highway
where, for a distance of three hundred feet or more, the frontage is
improved with buildings in use for commercial purposes, or where the
entire length of the highway is less than three hundred feet long and
the frontage is improved with buildings in use for commercial
purposes.

(b)
"Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a highway,
where, for a distance of three hundred feet or more, the frontage is
improved with residences or residences and buildings in use for
business, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with residences
or residences and buildings in use for business.

Whenever
a board of township trustees finds upon the basis of criteria
established by an engineering study, as defined by the director, that
the prima-facie speed permitted by division (B)(5) of this section on
any part of a highway under its jurisdiction that is located in a
commercial or residential subdivision, except on highways or portions
thereof at the entrances to which vehicular traffic from the majority
of intersecting highways is required to yield the right-of-way to
vehicles on such highways in obedience to stop or yield signs or
traffic control signals, is greater than is reasonable and safe under
the conditions found to exist at the location, the board may by
resolution declare a reasonable and safe prima-facie speed limit of
less than fifty-five but not less than twenty-five miles per hour at
the location. An altered speed limit adopted by a board of township
trustees under this division shall become effective when appropriate
signs giving notice thereof are erected at the location by the
township. Whenever, in the opinion of a board of township trustees,
any altered prima-facie speed limit established by it under this
division becomes unreasonable, it may adopt a resolution withdrawing
the altered prima-facie speed, and upon such withdrawal, the altered
prima-facie speed shall become ineffective, and the signs relating
thereto shall be immediately removed by the township.

(L)(1)
The director of transportation, based upon an engineering study, as
defined by the director, of a highway, expressway, or freeway
described in division (B)(12), (13), (14), (15), or (16) of this
section, in consultation with the director of public safety and, if
applicable, the local authority having jurisdiction over the studied
highway, expressway, or freeway, may determine and declare that the
speed limit established on such highway, expressway, or freeway under
division (B)(12), (13), (14), (15), or (16) of this section either is
reasonable and safe or is more or less than that which is reasonable
and safe.

(2)
If the established speed limit for a highway, expressway, or freeway
studied pursuant to division (L)(1) of this section is determined to
be more or less than that which is reasonable and safe, the director
of transportation, in consultation with the director of public safety
and, if applicable, the local authority having jurisdiction over the
studied highway, expressway, or freeway, shall determine and declare
a reasonable and safe speed limit for that highway, expressway, or
freeway.

(M)(1)(a)
If the boundary of two local authorities rests on the centerline of a
highway and both authorities have jurisdiction over the highway, the
speed limit for the part of the highway within their joint
jurisdiction shall be either one of the following as agreed to by
both authorities:

(i)
Either prima-facie speed limit permitted by division (B) of this
section;

(ii)
An altered speed limit determined and posted in accordance with this
section.

(b)
If the local authorities are unable to reach an agreement, the speed
limit shall remain as established and posted under this section.

(2)
Neither local authority may declare an altered prima-facie speed
limit pursuant to this section on the part of the highway under their
joint jurisdiction unless both of the local authorities determine,
upon the basis of criteria established by an engineering study, as
defined by the director, that the speed permitted by this section is
greater than is reasonable or safe under the conditions found to
exist at the location and both authorities agree upon a uniform
reasonable and safe prima-facie speed limit of less than fifty-five
but not less than twenty-five miles per hour for that location. If
both authorities so agree, each shall follow the procedure specified
in this section for altering the prima-facie speed limit on the
highway, and the speed limit for the part of the highway within their
joint jurisdiction shall be uniformly altered. No altered speed limit
may be withdrawn unless both local authorities determine that the
altered prima-facie speed limit previously adopted becomes
unreasonable and each adopts a resolution withdrawing the altered
prima-facie speed limit pursuant to the procedure specified in this
section.

(N)
The legislative authority of a municipal corporation or township in
which a boarding school is located, by resolution or ordinance, may
establish a boarding school zone. The legislative authority may alter
the speed limit on any street or highway within the boarding school
zone and shall specify the hours during which the altered speed limit
is in effect. For purposes of determining the boundaries of the
boarding school zone, the altered speed limit within the boarding
school zone, and the hours the altered speed limit is in effect, the
legislative authority shall consult with the administration of the
boarding school and with the county engineer or other appropriate
engineer, as applicable. A boarding school zone speed limit becomes
effective only when appropriate signs giving notice thereof are
erected at the appropriate locations.

(O)
As used in this section:

(1)
"Interstate system" has the same meaning as in 23 U.S.C.
101.

(2)
"Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the transportation of
persons for compensation.

(3)
"Noncommercial bus" includes but is not limited to a school
bus or a motor vehicle operated solely for the transportation of
persons associated with a charitable or nonprofit organization.

(4)
"Outerbelt" means a portion of a freeway that is part of
the interstate system and is located in the outer vicinity of a major
municipal corporation or group of municipal corporations, as
designated by the director.

(5)
"Rural" means an area outside urbanized areas and outside
of a business or urban district, and areas that extend within
urbanized areas where the roadway characteristics remain mostly
unchanged from those outside the urbanized areas.

(6)
"Urbanized area" has the same meaning as in 23 U.S.C. 101.

(7)
"Divided" means a roadway having two or more travel lanes
for vehicles moving in opposite directions and that is separated by a
median of more than four feet, excluding turn lanes.

(P)(1)
A violation of any provision of this section is one of the following:

(a)
Except as otherwise provided in divisions (P)(1)(b), (1)(c), (2), and
(3) of this section, a minor misdemeanor;

(b)
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to two violations of any provision of
this section or of any provision of a municipal ordinance that is
substantially similar to any provision of this section, a misdemeanor
of the fourth degree;

(c)
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to three or more violations of any
provision of this section or of any provision of a municipal
ordinance that is substantially similar to any provision of this
section, a misdemeanor of the third degree.

(2)
If the offender operated a motor vehicle faster than thirty-five
miles an hour in a business district of a municipal corporation,
faster than fifty miles an hour in other portions of a municipal
corporation, or faster than thirty-five miles an hour in a school
zone during recess or while children are going to or leaving school
during the school's opening or closing hours, a misdemeanor of the
fourth degree. Division (P)(2) of this section does not apply if
penalties may be imposed under division (P)(1)(b) or (c) of this
section.

(3)
Notwithstanding division (P)(1) of this section, if the offender
operated a motor vehicle in a construction zone where a sign was then
posted in accordance with section 4511.98 of the Revised Code, the
court, in addition to all other penalties provided by law, shall
impose upon the offender a fine of two times the usual amount imposed
for the violation. No court shall impose a fine of two times the
usual amount imposed for the violation upon an offender if the
offender alleges, in an affidavit filed with the court prior to the
offender's sentencing, that the offender is indigent and is unable to
pay the fine imposed pursuant to this division and if the court
determines that the offender is an indigent person and unable to pay
the fine.

(4)
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.
4511.211.
(A)
The owner of a private road
or
driveway
located
in a private residential area containing twenty or more dwelling
units may establish a speed limit on the road
or
driveway
by
complying with all of the following requirements:

(1)
The speed limit is not less than twenty-five miles per hour and is
indicated by a sign that is in a proper position, is sufficiently
legible to be seen by an ordinarily observant person, and meets the
specifications for the basic speed limit sign included in the manual
adopted by the department of transportation pursuant to section
4511.09 of the Revised Code;

(2)
The owner has posted a sign at the entrance of the private road
or
driveway
that
is in plain view and clearly informs persons entering the road
or
driveway
that
they are entering private property, a speed limit has been
established for the road

or driveway
,
and the speed limit is enforceable by law enforcement officers under
state law.

(B)
No person shall operate a vehicle upon a private road
or
driveway
as
provided in division (A) of this section at a speed exceeding any
speed limit established and posted pursuant to that division.

(C)
When a speed limit is established and posted in accordance with
division (A) of this section, any law enforcement officer may
apprehend a person violating the speed limit of the residential area
by utilizing any of the means described in section 4511.091 of the
Revised Code or by any other accepted method of determining the speed
of a motor vehicle and may stop and charge the person with exceeding
the speed limit.

(D)
Points shall be assessed for violation of a speed limit established
and posted in accordance with division (A) of this section in
accordance with section 4510.036 of the Revised Code.

(E)
As used in this section:

(1)
"Owner" includes but is not limited to a person who holds
title to the real property in fee simple, a condominium owners'
association, a property owner's association, the board of directors
or trustees of a private community, and a nonprofit corporation
governing a private community.

(2)
"Private residential area containing twenty or more dwelling
units" does not include a Chautauqua assembly as defined in
section 4511.90 of the Revised Code.

(F)(1)
A violation of division (B) of this section is one of the following:

(a)
Except as otherwise provided in divisions (F)(1)(b) and (c) of this
section, a minor misdemeanor;

(b)
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to two violations of division (B) of
this section or of any municipal ordinance that is substantially
similar to division (B) of this section, a misdemeanor of the fourth
degree;

(c)
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (B) of this section or of any municipal ordinance that is
substantially similar to division (B) of this section, a misdemeanor
of the third degree.

(2)
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.
4511.214.
(A)(1)
(A)
As used in this section and sections 4511.215 and 4511.216 of the
Revised Code, "low-speed vehicle," "mini-truck,"
"under-speed vehicle," and "utility vehicle" have
the same meanings as in section 4501.01 of the Revised Code.

(B)(1)

No person shall operate a low-speed vehicle upon any street or
highway having an established speed limit greater than thirty-five
miles per hour.

(2)
No person shall operate an under-speed or utility vehicle or a
mini-truck upon any street or highway except as follows:

(a)
Upon a street or highway having an established speed limit not
greater than thirty-five miles per hour and only upon such streets or
highways where a local authority has granted permission for such
operation in accordance with section 4511.215 of the Revised Code;

(b)
A state park or political subdivision employee or volunteer operating
a utility vehicle exclusively within the boundaries of state parks or
political subdivision parks for the operation or maintenance of state
or political subdivision park facilities.

(3)
No person shall operate a motor-driven cycle or motor scooter upon
any street or highway having an established speed limit greater than
forty-five miles per hour.

(B)
(C)

This section does not prohibit either of the following:

(1)
A person operating a low-speed vehicle, under-speed, or utility
vehicle or a mini-truck from proceeding across an intersection of a
street or highway having a speed limit greater than thirty-five miles
per hour;

(2)
A person operating a motor-driven cycle or motor scooter from
proceeding across an intersection of a street or highway having a
speed limit greater than forty-five miles per hour.

(C)
(D)

Nothing in this section shall prevent a local authority from adopting
more stringent local ordinances, resolutions, or regulations
governing the operation of a low-speed vehicle or a mini-truck, or a
motor-driven cycle or motor scooter.

(D)
(E)

Except as otherwise provided in this division, whoever violates
division
(A)
(B)

of 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.

Sec.
4511.432.
(A)
The owner of a private road
or
driveway
located
in a private residential area containing twenty or more dwelling
units may erect stop signs at places where the road
or
driveway
intersects
with another private road
or
driveway
in
the residential area, in compliance with all of the following
requirements:

(1)
The stop sign is sufficiently legible to be seen by an ordinarily
observant person and meets the specifications of and is placed in
accordance with the manual adopted by the department of
transportation pursuant to section 4511.09 of the Revised Code.

(2)
The owner has posted a sign at the entrance of the private road
or
driveway
that
is in plain view and clearly informs persons entering the road
or
driveway
that
they are entering private property, stop signs have been posted and
must be obeyed, and the signs are enforceable by law enforcement
officers under state law. The sign required by division (A)(2) of
this section, where appropriate, may be incorporated with the sign
required by division (A)(2) of section 4511.211 of the Revised Code.

(B)
Division (A) of section 4511.43 and section 4511.46 of the Revised
Code shall be deemed to apply to the driver of a vehicle on a private
road
or
driveway
where
a stop sign is placed in accordance with division (A) of this section
and to a pedestrian crossing such a road
or
driveway
at
an intersection where a stop sign is in place.

(C)
When a stop sign is placed in accordance with division (A) of this
section, any law enforcement officer may apprehend a person found
violating the stop sign and may stop and charge the person with
violating the stop sign.

(D)
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.

(E)
As used in this section, and for the purpose of applying division (A)
of section 4511.43 and section 4511.46 of the Revised Code to conduct
under this section:

(1)
"Intersection" means:

(a)
The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, then the lateral boundary lines of
the roadways of two private roads
or
driveways
which
join one another at, or approximately at, right angles, or the area
within which vehicles traveling upon different private roads
or
driveways
joining
at any other angle may come in conflict.

(b)
Where a private road
or
driveway
includes
two roadways thirty feet or more apart, then every crossing of two
roadways of such private roads
or
driveways
shall
be regarded as a separate intersection.

(2)
"Roadway" means that portion of a private road
or
driveway
improved,
designed, or ordinarily used for vehicular travel

and parking lanes
,

except

not
including
the
berm
,
sidewalk,

or shoulder
,
even if the berm, sidewalk, or shoulder is used by a person operating
a bicycle or other human-powered vehicle
.
If a private road
or
driveway
includes
two or more separate roadways, the term "roadway" means any
such roadway separately but not all such roadways collectively.

(3)
"Owner" and "private residential area containing
twenty or more dwelling units" have the same meanings as in
section 4511.211 of the Revised Code.

Sec.
4511.46.
(A)
When
highway

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 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 crossing the roadway within a crosswalk when
the pedestrian is upon the half of the roadway upon which the vehicle
is traveling, or when the pedestrian is approaching so closely from
the opposite half of the roadway as to be in danger.

(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.
4511.48.
(A)
Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right of way to all vehicles, trackless trolleys, or
streetcars upon the roadway.

(B)
Any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield
the right of way to all traffic upon the roadway.

(C)
Between adjacent intersections at which
highway

traffic

control

signals
are in operation, pedestrians shall not cross at any place except in
a marked crosswalk.

(D)
No pedestrian shall cross a roadway intersection diagonally unless
authorized by official traffic control devices; and, when authorized
to cross diagonally, pedestrians shall cross only in accordance with
the official traffic control devices pertaining to such crossing
movements.

(E)
This section does not relieve the operator of a vehicle, streetcar,
or trackless trolley from exercising due care to avoid colliding with
any pedestrian upon any roadway.

(F)
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.

Sec.
4511.512.
(A)(1)
Electric personal assistive mobility devices
,
as defined in section 4501.01 of the Revised Code,

may be operated on the public streets, highways, sidewalks, and paths
and portions of roadways set aside for the exclusive use of bicycles
in accordance with this section.

(2)
Except as otherwise provided in this section, those sections of this
chapter that by their nature are applicable to an electric personal
assistive mobility device apply to the device and the person
operating it whenever it is operated upon any public street, highway,
sidewalk, or path or upon any portion of a roadway set aside for the
exclusive use of bicycles.

(3)
A local authority may regulate or prohibit the operation of electric
personal assistive mobility devices on public streets, highways,
sidewalks, and paths, and portions of roadways set aside for the
exclusive use of bicycles, under its jurisdiction.

(B)
No operator of an electric personal assistive mobility device shall
do any of the following:

(1)
Fail to yield the right-of-way to all pedestrians and human-powered
vehicles at all times;

(2)
Fail to give an audible signal before overtaking and passing a
pedestrian;

(3)
Operate the device at night unless the device or its operator is
equipped with or wearing both of the following:

(a)
A lamp pointing to the front that emits a white light visible from a
distance of not less than five hundred feet;

(b)
A red reflector facing the rear that is visible from all distances
from one hundred feet to six hundred feet when directly in front of
lawful lower beams of head lamps on a motor vehicle.

(4)
Operate the device on any portion of a street or highway that has an
established speed limit of fifty-five miles per hour or more;

(5)
Operate the device upon any path set aside for the exclusive use of
pedestrians or other specialized use when an appropriate sign giving
notice of the specialized use is posted on the path;

(6)
If under eighteen years of age, operate the device unless wearing a
protective helmet on the person's head with the chin strap properly
fastened;

(7)
If under sixteen years of age, operate the device unless, during the
operation, the person is under the direct visual and audible
supervision of another person who is eighteen years of age or older
and is responsible for the immediate care of the person under sixteen
years of age.

(C)
No person who is under fourteen years of age shall operate an
electric personal assistive mobility device.

(D)
No person shall distribute or sell an electric personal assistive
mobility device unless the device is accompanied by a written
statement that is substantially equivalent to the following:
"WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE ONLY WHILE
WEARING FULL PROTECTIVE EQUIPMENT – HELMET, WRIST GUARDS, ELBOW
PADS, AND KNEE PADS."

(E)
Nothing in this section affects or shall be construed to affect any
rule of the director of natural resources or a board of park district
commissioners governing the operation of vehicles on lands under the
control of the director or board, as applicable.

(F)(1)
Whoever violates division (B) or (C) of this section is guilty of a
minor misdemeanor and shall be punished as follows:

(a)
The offender shall be fined ten dollars.

(b)
If the offender previously has been convicted of or pleaded guilty to
a violation of division (B) or (C) of this section or a substantially
similar municipal ordinance, the court, in addition to imposing the
fine required under division (F)(1) of this section, shall do one of
the following:

(i)
Order the impoundment for not less than one day but not more than
thirty days of the electric personal assistive mobility device that
was involved in the current violation of that division. The court
shall order the device to be impounded at a safe indoor location
designated by the court and may assess storage fees of not more than
five dollars per day, provided the total storage, processing, and
release fees assessed against the offender or the device in
connection with the device's impoundment or subsequent release shall
not exceed fifty dollars.

(ii)
If the court does not issue an impoundment order pursuant to division
(F)(1)(b)(i) of this section, issue an order prohibiting the offender
from operating any electric personal assistive mobility device on the
public streets, highways, sidewalks, and paths and portions of
roadways set aside for the exclusive use of bicycles for not less
than one day but not more than thirty days.

(2)
Whoever violates division (D) of this section is guilty of a minor
misdemeanor.

Sec.
4511.61.
(A)
As used in this section, "
active
grade
Grade

crossing
warning
device
system
"
means
signs,

the
flashing-light
signals,

with
or without automatic
gates
,
or other protective devices erected or installed at a public
highway-railway crossing at common grade and activated by an
electrical circuit

together with the necessary control equipment that is used to inform
road users of the approach and presence of rail traffic at a grade
crossing
.

(B)
The department of transportation and local authorities in their
respective jurisdictions, with the approval of the department, may
designate dangerous highway crossings over railroad tracks whether on
state, county, or township highways or on streets or ways within
municipal corporations, and erect stop signs thereat.

(C)(1)
The department and local authorities shall erect stop signs at a
railroad highway grade crossing in either of the following
circumstances:

(a)
New warning devices that are not
active

grade
crossing warning
devices

systems

are
being installed at the grade crossing, and railroad crossbucks were
the only warning devices at the grade crossing prior to the
installation of the new warning devices.

(b)
The grade crossing is constructed after July 1, 2013, and only
warning devices that are not
active

grade
crossing warning
devices

systems

are
installed at the grade crossing.

(2)
Division (C)(1) of this section does not apply to a railroad highway
grade crossing that the director of transportation has exempted from
that division because of traffic flow or other considerations or
factors.

(D)
When stop signs are erected pursuant to division (B) or (C) of this
section, the operator of any vehicle, streetcar, or trackless trolley
shall stop within fifty, but not less than fifteen, feet from the
nearest rail of the railroad tracks and shall exercise due care
before proceeding across such grade crossing.

(E)
Except as otherwise provided in this division, whoever violates
division (D) of 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.
4511.62.
(A)(1)
Whenever any person driving a vehicle or trackless trolley approaches
a railroad grade crossing, the person shall stop within fifty feet,
but not less than fifteen feet from the nearest rail of the railroad
if any of the following circumstances exist at the crossing:

(a)
A clearly visible electric or mechanical signal device gives warning
of the immediate approach of a train or other on-track equipment.

(b)
A crossing gate is lowered.

(c)
A flagperson gives or continues to give a signal of the approach or
passage of a train or other on-track equipment.

(d)
There is insufficient space on the other side of the railroad grade
crossing to accommodate the vehicle or trackless trolley the person
is operating without obstructing the passage of other vehicles,
trackless trolleys, pedestrians, or
railroad

trains,
notwithstanding any
highway

traffic

control

signal
indication to proceed.

(e)
An approaching train is emitting an audible signal or is plainly
visible and is in hazardous proximity to the crossing.

(f)
There is insufficient undercarriage clearance to safely negotiate the
crossing.

(g)
There is insufficient space on the other side of the railroad grade
crossing to accommodate the vehicle or trackless trolley the person
is operating without obstructing the passage of other on-track
equipment.

(h)
Approaching on-track equipment is emitting an audible signal or is
plainly visible and is in hazardous proximity to the crossing.

(2)(a)
A person who is driving a vehicle or trackless trolley and who
approaches a railroad grade crossing shall not proceed as long as any
of the circumstances described in divisions (A)(1)(a) to (f) of this
section exist at the crossing.

(b)
A person who is driving a vehicle or trackless trolley and who
approaches a railroad grade crossing shall not recklessly proceed as
long as any of the circumstances described in division (A)(1)(g) or
(h) of this section exist at the crossing.

(B)
No person shall drive any vehicle through, around, or under any
crossing gate or barrier at a railroad crossing while the gate or
barrier is closed or is being opened or closed unless the person is
signaled by a law enforcement officer or flagperson that it is
permissible to do so.

(C)(1)
Whoever violates this section is guilty of a misdemeanor of the
fourth degree.

(2)
In lieu of a fine or jail term for a violation of this section, a
court may instead order the offender to attend and successfully
complete a remedial safety training or presentation regarding rail
safety that is offered by an authorized and qualified organization
that is selected by the court. The offender shall complete the
presentation within a time frame determined by the court, not to
exceed one hundred eighty days after the court issues the order. The
offender shall notify the court of the successful completion of the
presentation. When the offender notifies the court of the successful
completion of the presentation, the court shall waive any fine or
jail term that it otherwise would have imposed for a violation of
this section.

Sec.
4511.64.
(A)
No person shall operate or move any crawler-type tractor, steam
shovel, derrick, roller, or any equipment or structure having a
normal operating speed of six or less miles per hour or a vertical
body or load clearance of less than nine inches above the level
surface of a roadway, upon or across any tracks at a railroad grade
crossing without first complying with divisions (A)(1) and (2) of
this section.

(1)
Before making any such crossing, the person operating or moving any
such vehicle or equipment shall first stop the same, and while
stopped the person shall listen and look in both directions along
such track for any approaching train or other on-track equipment and
for signals indicating the approach of a train or other on-track
equipment, and shall proceed only upon exercising due care.

(2)
No such crossing shall be made when warning is given by automatic
signal or crossing gates or a flagperson or otherwise of the
immediate approach of a
railroad

train
or car or other on-track equipment.

(B)
If the normal sustained speed of such vehicle, equipment, or
structure is not more than three miles per hour, the person owning,
operating, or moving the same shall also give notice of such intended
crossing to a station agent or superintendent of the railroad, and a
reasonable time shall be given to such railroad to provide proper
protection for such crossing. Where such vehicles or equipment are
being used in constructing or repairing a section of highway lying on
both sides of a railroad grade crossing, and in such construction or
repair it is necessary to repeatedly move such vehicles or equipment
over such crossing, one daily notice specifying when such work will
start and stating the hours during which it will be prosecuted is
sufficient.

(C)
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.
4511.65.
(A)
All state routes are hereby designated as through highways, provided
that stop signs, yield signs, or
highway

traffic

control

signals
shall be erected at all intersections with such through highways by
the department of transportation as to highways under its
jurisdiction and by local authorities as to highways under their
jurisdiction, except as otherwise provided in this section. Where two
or more state routes that are through highways intersect and no

highway

traffic

control

signal
is in operation, stop signs or yield signs shall be erected at one or
more entrances thereto by the department, except as otherwise
provided in this section.

Whenever
the director of transportation determines on the basis of an
engineering and traffic investigation that stop signs are necessary
to stop traffic on a through highway for safe and efficient
operation, nothing in this section shall be construed to prevent such
installations. When circumstances warrant, the director also may omit
stop signs on roadways intersecting through highways under
his

the director's

jurisdiction. Before the director either installs or removes a stop
sign under this division,
he

the director

shall give notice, in writing, of that proposed action to the
affected local authority at least thirty days before installing or
removing the stop sign.

(B)
Other streets or highways, or portions thereof, are hereby designated
through highways if they are within a municipal corporation, if they
have a continuous length of more than one mile between the limits of
said street or highway or portion thereof, and if they have "stop"
or "yield" signs or
highway

traffic

control

signals
at the entrances of the majority of intersecting streets or highways.
For purposes of this section, the limits of said street or highway or
portion thereof shall be a municipal corporation line, the physical
terminus of the street or highway, or any point on said street or
highway at which vehicular traffic thereon is required by regulatory
signs to stop or yield to traffic on the intersecting street,
provided that in residence districts a municipal corporation may by
ordinance designate said street or highway, or portion thereof, not
to be a through highway and thereafter the affected residence
district shall be indicated by official traffic control devices.
Where two or more through highways designated under this division
intersect and no
highway

traffic

control

signal
is in operation, stop signs or yield signs shall be erected at one or
more entrances thereto by the department or by local authorities
having jurisdiction, except as otherwise provided in this section.

(C)
The department or local authorities having jurisdiction need not
erect stop signs at intersections they find to be so constructed as
to permit traffic to safely enter a through highway without coming to
a stop. Signs shall be erected at such intersections indicating that
the operator of a vehicle shall yield the right-of-way to or merge
with all traffic proceeding on the through highway.

(D)
Local authorities with reference to highways under their jurisdiction
may designate additional through highways and shall erect stop signs,
yield signs, or
highway

traffic

control

signals
at all streets and highways intersecting such through highways, or
may designate any intersection as a stop or yield intersection and
shall erect like signs at one or more entrances to such intersection.

Sec.
4511.68.
(A)
No person shall stand or park a trackless trolley or vehicle, except
when necessary to avoid conflict with other traffic or to comply with
sections 4511.01 to 4511.78, 4511.99, and 4513.01 to 4513.37 of the
Revised Code, or while obeying the directions of a police officer or
a traffic control device, in any of the following places:

(1)
On a sidewalk, except as provided in division (B) of this section;

(2)
In front of a public or private driveway;

(3)
Within an intersection;

(4)
Within ten feet of a fire hydrant;

(5)
On a crosswalk;

(6)
Within twenty feet of a crosswalk at an intersection;

(7)
Within thirty feet of, and upon the approach to, any
flashing
beacon
yield
sign
,
stop sign, or
highway

traffic

control
device
signal
;

(8)
Between a safety zone and the adjacent curb or within thirty feet of
points on the curb immediately opposite the ends of a safety zone,
unless a different length is indicated by a traffic control device;

(9)
Within fifty feet of the nearest rail of a railroad crossing;

(10)
Within twenty feet of a driveway entrance to any fire station and, on
the side of the street opposite the entrance to any fire station,
within seventy-five feet of the entrance when it is properly posted
with signs;

(11)
Alongside or opposite any street excavation or obstruction when such
standing or parking would obstruct traffic;

(12)
Alongside any vehicle stopped or parked at the edge or curb of a
street;

(13)
Upon any bridge or elevated structure upon a highway, or within a
highway tunnel;

(14)
At any place where signs prohibit stopping;

(15)
Within one foot of another parked vehicle;

(16)
On the roadway portion of a freeway, expressway, or thruway
;

(17)
On a bicycle lane
.

(B)
A person is permitted, without charge or restriction, to stand or
park on a sidewalk a motor-driven cycle or motor scooter that has an
engine not larger than one hundred fifty cubic centimeters, a
low-speed micromobility device, or a bicycle or electric bicycle,
provided that the motor-driven cycle, motor scooter, low-speed
micromobility device, bicycle, or electric bicycle does not impede
the normal flow of pedestrian traffic. This division does not
authorize any person to operate a vehicle in violation of section
4511.711 of the Revised Code.

(C)
Except as otherwise provided in this division, whoever violates
division (A) of 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.

Sec.
4511.701.
(A)

As
used in this section:

(1)
"Fifth wheel trailer," "mobile home," and "travel
trailer" have the same meanings as in section 4501.01 of the
Revised Code.

(2)
"Manufactured home" has the same meaning as in division
(C)(4) of section 3781.06 of the Revised Code.

(B)

Except
as provided in division
(B)
(C)

of this section, no person shall occupy any travel trailer, fifth
wheel trailer, or manufactured or mobile home while it is being used
as a conveyance upon a street or highway.

(B)
(C)

Division
(A)
(B)

of this section does not apply to a fifth wheel trailer when both of
the following apply:

(1)
Any child riding in the fifth wheel trailer is properly secured in
the manner provided in section 4511.81 of the Revised Code
.
;

(2)
The operator of the vehicle towing the fifth wheel trailer has some
means of viable communication with the passengers riding in the
trailer.

As
used in this division, "viable communication" includes a
cellular or satellite telephone, a radio, or any other similar
electronic wireless communications device.

(C)
(D)

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.

(2)

(E)

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.
4511.712.
(A)
No driver shall enter an intersection or marked crosswalk or drive
onto any railroad grade crossing unless there is sufficient space on
the other side of the intersection, crosswalk, or grade crossing to
accommodate the vehicle, streetcar, or trackless trolley the driver
is operating without obstructing the passage of other vehicles,
streetcars, trackless trolleys, pedestrians, or
railroad

trains,
notwithstanding any
highway

traffic

control

signal
indication to proceed.

(B)

This
section does not apply to a bicyclist using a two-stage bicycle turn
box.

(C)

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.
4511.76.
(A)
The department of public safety, by and with the advice of the
department of education and workforce, shall adopt and enforce rules
relating to the construction, design, and equipment, including
lighting equipment required by section 4511.771 of the Revised Code,
of all school buses both publicly and privately owned and operated in
this state.

(B)
The department of education and workforce, by and with the advice of
the director of public safety, shall adopt and enforce rules relating
to the operation of all vehicles used for pupil transportation.

(C)
No person shall operate a vehicle used for pupil transportation
within this state in violation of the rules of the department of
education and workforce or the department of public safety. No
person, being the owner thereof or having the supervisory
responsibility therefor, shall permit the operation of a vehicle used
for pupil transportation within this state in violation of the rules
of the department of education and workforce or the department of
public safety.

(D)
The department of public safety shall adopt and enforce rules
relating to the issuance of a license under section 4511.763 of the
Revised Code. The rules may relate to the condition of the equipment
to be operated; the liability and property damage insurance carried
by the applicant; the posting of satisfactory and sufficient bond;
and such other rules as the director of public safety determines
reasonably necessary for the safety of the pupils to be transported.

(E)
A chartered nonpublic school or a community school may own and
operate, or contract with a vendor that supplies,
a
vehicle originally designed for not more than nine passengers, not
including the driver,
alternative
vehicles

to transport students to and from regularly scheduled school
sessions
,
school-related activities, and school-sanctioned events

when one of the following applies:

(1)
A student's school district of residence has declared the
transportation of the student impractical pursuant to section 3327.02
of the Revised Code;

(2)
A student does not live within thirty minutes of the chartered
nonpublic school or the community school, as applicable, and the
student's school district is not required to transport the student
under section 3327.01 of the Revised Code;

(3)
The governing authority of the chartered nonpublic school or the
community school has offered to provide the transportation for its
students in lieu of the students being transported by their school
district of residence.

(F)
A school district may own and operate, or contract with a vendor that
supplies,
a
vehicle originally designed for not more than nine passengers, not
including the driver,
alternative
vehicles

to transport students to and from regularly scheduled school
sessions,
if
both of the following apply to the operation of that vehicle:

(1)
The number of students to be transported is not more than nine;

(2)
The students attend a chartered nonpublic school or a community
school, and the school district regularly transports students to that
chartered nonpublic school or that community school
school-related
activities, and school-sanctioned events
.

(G)
A school district or the governing authority of a chartered nonpublic
school or community school that uses
a

an
alternative
vehicle

originally
designed for not more than nine passengers, not including the driver,

in
accordance with division (E) or (F) of this section, shall ensure
that all of the following apply to the operation of that vehicle:

(1)
A qualified mechanic inspects the vehicle not fewer than two times
each year and determines that it is safe for pupil transportation;

(2)
The driver of the vehicle does not stop on the roadway to load or
unload passengers;

(3)
The driver of the vehicle meets the requirements specified for a
driver of a school bus or motor van under section 3327.10 of the
Revised Code and any corresponding rules adopted by the department of
education and workforce. Notwithstanding that section or any
department rules to the contrary, the driver is not required to have
a commercial driver's license but shall have a current, valid
driver's license, and shall be accustomed to operating the vehicle
used to transport the students;

(4)
The driver and all passengers in the vehicle comply with the
requirements of sections 4511.81 and 4513.263 of the Revised Code, as
applicable.

(H)
As used in this section
,
"vehicle
:

(1)
"Alternative vehicle" means a motor vehicle originally
manufactured and designed for not more than twelve passengers, not
including the driver.

(2)
"Vehicle
used
for pupil transportation" means any vehicle that is identified
as such by the department of education and workforce by rule and that
is subject to Chapter 3301-83 of the Administrative Code.

(I)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If the offender previously
has been convicted of or pleaded guilty to one or more violations of
this section or section 4511.63, 4511.761, 4511.762, 4511.764,
4511.77, or 4511.79 of the Revised Code or a municipal ordinance that
is substantially similar to any of those sections, whoever violates
this section is guilty of a misdemeanor of the fourth degree.

Sec.
4511.765.
(A)
The director of education and workforce, by and with the advice of
the director of public safety, shall amend any rules adopted under
section 4511.76 of the Revised Code pertaining to pre-trip
inspections of a school bus. The amendment shall remove any
requirement that the following equipment be included in the pre-trip
inspection:

(1)
The turbo charger;

(2)
The alternator;

(3)
The water pump;

(4)
The power steering pump;

(5)
The air pump;

(6)
Any part of the steering system;

(7)
Any part of the suspension;

(8)
Any part of the air brakes;

(9)
Any part of the brake equipment, including drums or rotors;

(10)
The springs and spring mounts;

(11)
The air bags.

(B)
The state highway patrol shall still examine all of the equipment
listed in division (A) of this section during its school bus
inspections conducted in accordance with section 4511.761 of the
Revised Code.

Sec.
4513.071.
(A)
Every motor vehicle, trailer, semitrailer, and pole trailer when
operated upon a highway shall be equipped with two or more stop
lights, except that passenger cars manufactured or assembled prior to
January 1, 1967, motorcycles, and motor-driven cycles shall be
equipped with at least one stop light. Stop lights shall be mounted
on the rear of the vehicle, actuated upon application of the service
brake, and may be incorporated with other rear lights. Such stop
lights when actuated shall emit a red light visible from a distance
of five hundred feet to the rear, provided that in the case of a
train of vehicles only the stop lights on the rear-most vehicle need
be visible from the distance specified.

Such
stop lights when actuated shall give a steady warning light to the
rear of a vehicle or train of vehicles to indicate the intention of
the operator to diminish the speed of or stop a vehicle or train of
vehicles.

When
stop lights are used as required by this section, they shall be
constructed or installed so as to provide adequate and reliable
illumination and shall conform to the appropriate rules and
regulations established under section 4513.19 of the Revised Code.

Historical

A
historical
motor

vehicles
as defined in section 4503.181 of the Revised Code,
vehicle
that was
not
originally manufactured with stop lights
,
are

or a replica motor vehicle that replicates a motor vehicle that was
not originally manufactured with stop lights is
not
subject to this section.

(B)
Whoever violates this section is guilty of a minor misdemeanor.

(C)
As used in this section, "replica motor vehicle" means a
replica motor vehicle for which a certificate of title is issued
under section 4505.072 of the Revised Code.

Sec.
4513.38.
(A)

No
person shall be prohibited from owning or operating a licensed
collector's vehicle

or
,

historical
motor vehicle
,
or replica motor vehicle

that is equipped with a feature of design, type of material, or
article of equipment that was not in violation of any motor vehicle
equipment law of this state or of its political subdivisions in
effect during the calendar year the vehicle was manufactured

or the calendar year that it replicates
,
and no licensed collector's vehicle

or
,

historical
motor vehicle
,
or replica motor vehicle

shall be prohibited from displaying or using any such feature of
design, type of material, or article of equipment.

No
person shall be prohibited from owning or operating a licensed
collector's vehicle

or
,

historical
motor vehicle
,
or replica motor vehicle

for failing to comply with an equipment provision contained in
Chapter 4513. of the Revised Code or in any state rule that was
enacted or adopted in a year subsequent to that in which the vehicle
was manufactured

or the calendar year that it replicates
,
and no licensed collector's vehicle

or
,

historical
motor vehicle
,
or replica motor vehicle

shall be required to comply with an equipment provision enacted into
Chapter 4513. of the Revised Code or adopted by state rule subsequent
to the calendar year in which it was manufactured

or the calendar year that it replicates
.
No political subdivision shall require an owner of a licensed
collector's vehicle

or
,

historical
motor vehicle
,
or replica motor vehicle

to comply with equipment provisions contained in laws or rules that
were enacted or adopted subsequent to the calendar year in which the
vehicle was manufactured

or the calendar year that it replicates
,
and no political subdivision shall prohibit the operation of a
licensed collector's vehicle

or
,

historical
motor vehicle
,
or replica motor vehicle

for failure to comply with any such equipment laws or rules.

(B)
As used in this section, "replica motor vehicle" means a
replica motor vehicle for which a certificate of title is issued
under section 4505.072 of the Revised Code.

Sec.
4513.41.
(A)
No owner of a licensed collector's vehicle, a historical motor
vehicle,
a
replica motor vehicle,
or
a collector's vehicle that is an agricultural tractor or traction
engine shall be required to comply with an emission, noise control,
or fuel usage provision contained in a law or rule of this state or
its political subdivisions that was enacted or adopted subsequent to
the calendar year in which the vehicle was manufactured

or the calendar year that it replicates
.

(B)
No person shall be prohibited from operating a licensed collector's
vehicle, a historical motor vehicle,
a
replica motor vehicle,
or
a collector's vehicle that is an agricultural tractor or traction
engine for failing to comply with an emission, noise control, or fuel
usage law or rule of this state or its political subdivisions that
was enacted or adopted subsequent to the calendar year in which his
vehicle was manufactured

or the calendar year that it replicates
.

(C)
Except as provided in section 4505.061 of the Revised Code, no person
shall be required to submit
his

the
person's
collector's
vehicle to a physical inspection prior to or in connection with an
issuance of title to, or the sale or transfer of ownership of such
vehicle, except that a police officer may inspect it to determine
ownership.

In
accordance with section 1.51 of the Revised Code, this section shall,
without exception, prevail over any special or local provision of the
Revised Code that requires owners or operators of collector's
vehicles to comply with standards of emission, noise, fuel usage, or
physical condition in connection with an issuance of title to, or the
sale or transfer of ownership of such vehicle or part thereof.

(D)
As used in this section, "replica motor vehicle" means a
replica motor vehicle for which a certificate of title is issued
under section 4505.072 of the Revised Code.

Sec.
4517.02.
(A)
Except as otherwise provided in this section, no person shall do any
of the following:

(1)
Engage in the business of displaying or selling at retail new motor
vehicles or assume to engage in that business, unless the person is
licensed as a new motor vehicle dealer under sections 4517.01 to
4517.45 of the Revised Code, or is a salesperson employed by a
licensed new motor vehicle dealer;

(2)
Engage in the business of offering for sale, displaying for sale, or
selling at retail or wholesale used motor vehicles or assume to
engage in that business, unless the person is licensed as a new motor
vehicle dealer, used motor vehicle dealer, or motor vehicle leasing
dealer under sections 4517.01 to 4517.45 of the Revised Code, is a
salesperson employed by a licensed used motor vehicle dealer or
licensed new motor vehicle dealer, or the person holds a construction
equipment auction license issued under section 4517.17 of the Revised
Code;

(3)
Engage in the business of regularly making available, offering to
make available, or arranging for another person to use a motor
vehicle, in the manner described in division (M) of section 4517.01
of the Revised Code, unless the person is licensed as a motor vehicle
leasing dealer under sections 4517.01 to 4517.45 of the Revised Code;

(4)
Engage in the business of motor vehicle auctioning or assume to
engage in that business, unless the person is licensed as a motor
vehicle auction owner under sections 4517.01 to 4517.45 of the
Revised Code and the person uses an auctioneer who is licensed under
Chapter 4707. of the Revised Code to conduct the motor vehicle
auctions or the person holds a construction equipment auction license
issued under section 4517.17 of the Revised Code;

(5)
Engage in the business of distributing motor vehicles or assume to
engage in that business, unless the person is licensed as a
distributor under sections 4517.01 to 4517.45 of the Revised Code;

(6)
Make more than five casual sales of motor vehicles in a twelve-month
period, commencing with the day of the month in which the first such
sale is made, nor provide a location or space for the sale of motor
vehicles at a flea market, without obtaining a license as a dealer
under sections 4517.01 to 4517.45 of the Revised Code, provided that
nothing in this section shall be construed to prohibit the
disposition without a license of a motor vehicle originally acquired
and held for purposes other than sale, rental, or lease to an
employee, retiree, officer, or director of the person making the
disposition, to a corporation affiliated with the person making the
disposition, or to a person licensed under sections 4517.01 to
4517.45 of the Revised Code;

(7)
Engage in the business of auctioning both large construction or
transportation equipment and also motor vehicles incident thereto,
unless the person is a construction equipment auctioneer or the
person is licensed as a motor vehicle auction owner and the person
uses an auctioneer who is licensed under Chapter 4707. of the Revised
Code to conduct the auction;

(8)
Engage in the business of displaying or selling at retail adaptive
mobility vehicles or assume to engage in that business, unless the
person is licensed as an adaptive mobility dealer under sections
4517.01 to 4517.45 of the Revised Code, or is a salesperson employed
by a licensed adaptive mobility dealer, except that
a

any

licensed

new

motor
vehicle dealer may sell at retail a used adaptive mobility vehicle.

(B)
Nothing in this section shall be construed to require an auctioneer
licensed under sections 4707.01 to 4707.19 of the Revised Code to
obtain a motor vehicle auction owner's license under sections 4517.01
to 4517.45 of the Revised Code when engaged in auctioning for a
licensed motor vehicle auction owner.

The
establishment of a construction equipment auction license by Am. Sub.
H.B. 114 of the 129th general assembly shall not in any way modify,
limit, or restrict in any manner the conduct of auctions by persons
licensed under Chapter 4707. of the Revised Code who are acting in
compliance with that chapter.

(C)
Sections 4517.01 to 4517.45 of the Revised Code do not apply to any
of the following:

(1)
Persons engaging in the business of selling commercial tractors,
trailers, or semitrailers incidentally to engaging primarily in
business other than the selling or leasing of motor vehicles;

(2)
Mortgagees selling at retail only those motor vehicles that have come
into their possession by a default in the terms of a mortgage
contract;

(3)
The leasing, rental, and interchange of motor vehicles used directly
in the rendition of a public utility service by regulated motor
carriers.

(D)
When a partnership licensed under sections 4517.01 to 4517.45 of the
Revised Code is dissolved by death, the surviving partners may
operate under the license for a period of sixty days, and the heirs
or representatives of deceased persons and receivers or trustees in
bankruptcy appointed by any competent authority may operate under the
license of the person succeeded in possession by that heir,
representative, receiver, or trustee in bankruptcy.

(E)
No remanufacturer shall engage in the business of selling at retail
any new motor vehicle without having written authority from the
manufacturer or distributor of the vehicle to sell new motor vehicles
and to perform repairs under the terms of the manufacturer's or
distributor's new motor vehicle warranty, unless, at the time of the
sale of the vehicle, each customer is furnished with a binding
agreement ensuring that the customer has the right to have the
vehicle serviced or repaired by a new motor vehicle dealer who is
franchised to sell and service vehicles of the same line-make as the
chassis of the remanufactured vehicle purchased by the customer and
whose service or repair facility is located within either twenty
miles of the remanufacturer's location and place of business or
twenty miles of the customer's residence or place of business. If
there is no such new motor vehicle dealer located within twenty miles
of the remanufacturer's location and place of business or the
customer's residence or place of business, the binding agreement
furnished to the customer may be with the new motor vehicle dealer
who is franchised to sell and service vehicles of the same line-make
as the chassis of the remanufactured vehicle purchased by the
customer and whose service or repair facility is located nearest to
the remanufacturer's location and place of business or the customer's
residence or place of business. Additionally, at the time of sale of
any vehicle, each customer of the remanufacturer shall be furnished
with a warranty issued by the remanufacturer for a term of at least
one year.

(F)
No adaptive mobility dealer shall do any of the following:

(1)
Represent that the dealer is engaged in the business of selling new
motor vehicles;

(2)
Sell, transfer, or offer to sell or transfer a new motor vehicle
unless that new motor vehicle is purchased through a licensed new
motor vehicle dealer;

(3)
Sell or offer to sell an adaptive mobility vehicle without written
documentation proving that the vehicle was adapted or modified in
accordance with 49 C.F.R. part 568 or 595.

(G)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor and shall be subject to a
mandatory fine of one hundred dollars. If the offender previously has
been convicted of or pleaded guilty to a violation of this section,
whoever violates this section is guilty of a misdemeanor of the first
degree and shall be subject to a mandatory fine of one thousand
dollars.

(H)
The offenses established under 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.
4517.24.
(A)
No two motor vehicle dealers shall engage in business at the same
location, unless they agree to be jointly, severally, and personally
liable for any liability arising from their engaging in business at
the same location. The agreement shall be filed with the motor
vehicle dealers board, and shall also be made a part of the articles
of incorporation of each such dealer filed with the secretary of
state. Whenever the board has reason to believe that a dealer who has
entered into such an agreement has revoked the agreement but
continues to engage in business at the same location, the board shall
revoke the dealer's license.

(B)
Whoever violates this section is guilty of a misdemeanor of the
fourth degree.

(C)
This section does not apply to a licensed adaptive mobility dealer
and a licensed remanufacturer owned or operated by the same company
engaging in business at the same location.

Sec.
4519.401.
(A)
Except as provided in this section and section 4511.215 of the
Revised Code, no person shall operate a mini-truck within this state.

(B)
A person may operate a mini-truck on a farm for agricultural purposes
only when the owner of the farm qualifies for the current
agricultural use valuation tax credit. A mini-truck may be operated
by or on behalf of such a farm owner on public roads and
rights-of-way only when traveling from one farm field to another.

(C)
A person may operate a mini-truck on property owned or leased by a
dealer who sells mini-trucks at retail.

(D)
Whoever violates this section shall be penalized as provided in
division
(D)
(E)

of section 4511.214 of the Revised Code.

Sec.
4923.12.
For
purposes of the federal motor carrier safety administration's
national hazardous materials route registry, the public utilities
commission shall not designate the portion of state route number
three hundred fifteen between interstate route number two hundred
seventy and United States route number twenty-three as a hazardous
materials route, including for nonradioactive hazardous materials.
The commission shall notify the administration of any changes
necessary for the registry and designate other routes, as applicable,
for the transportation of hazardous materials to their final
destination.

Sec.
4955.50.
(A)
As used in this section and
section

sections

4955.51

to
4955.57
of
the Revised Code:

(1)
"Wayside detector system" means an electronic device or a
series of connected devices that scan passing trains, rolling stock,
on-track equipment, and their component equipment and parts for
defects.

(2)
"Defects" include hot wheel bearings, hot wheels, defective
bearings that are detected through acoustics, dragging equipment,
excessive height or weight, shifted loads, low hoses, rail
temperature, and wheel condition.

(3)
"Class I carrier," "class II carrier," and "class
III carrier" have the same meanings as defined in 49 C.F.R. Part
1201 1-1.

(B)
The public utilities commission in conjunction with the department of
transportation shall work with each railroad company that does
business in this state to ensure that wayside detector systems are
installed and are operating along railroad tracks on which the
railroad operates and to ensure that such systems meet all of
following standards:

(1)
The systems are properly installed, maintained, repaired, and
operational in accordance with
section

sections

4955.51

to
4955.57
of
the Revised Code and the latest guidelines issued by the United
States department of transportation, the federal railroad
administration, and the association of American railroads.

(2)
Any expired, nonworking, or outdated wayside detector system or
component parts of a system are removed and replaced with new parts
or an entirely new system that reflects the current best practices
and standards of the industry.

(3)
The distance between wayside detector systems is appropriate when
accounting for the requirements of
section

sections

4955.51

to
4955.57
of
the Revised Code, the natural terrain surrounding the railroad track
on which the railroad operates, and the safety of the trains, rolling
stock, on-track equipment, their operators, their passengers, and the
persons and property in the vicinity of such railroad track so that
if defects are detected operators have sufficient time to do the
following:

(a)
Respond to the alerts projected by the wayside detector system;

(b)
Stop the train, rolling stock, or on-track equipment, if necessary;

(c)
Make all necessary repairs or, if repair is impossible at the
location, to remove the component parts or equipment that is
defective.

(4)
The railroad company has defined, written standards and training for
its employees pertaining to wayside detector system defect alerts,
the course of action that employees are required to take to respond
to an alert, and appropriate monitoring and responses by the company
if employees fail to take the required course of action.

(C)
If a railroad company refuses to work or otherwise cooperate with the
public utilities commission and the department of transportation in
good faith in accordance with this section, the commission and
department shall investigate that railroad company's safety practices
and standards in accordance with 49 C.F.R. Part 212. The commission
and department shall determine whether the company appears to be in
compliance with federal railroad safety laws, as defined in 49 C.F.R.
Part 209.

(D)(1)
If a railroad company does not appear to be in compliance with the
applicable federal standards based on an investigation conducted
under division (C) of this section, not later than sixty days after
the conclusion of the investigation, the commission and department
shall make a report to the federal railroad administration. The
report shall detail the results of the investigation and recommend
that the administration take enforcement action in accordance with
its authority against the railroad company for the safety violations
discovered through that investigation.

(2)
The commission and department shall send a copy of the report to the
governor, the president of the senate, the speaker of the house of
representatives, and the minority leaders of both the senate and the
house of representatives.

Sec.
4955.51.
(A)(1)

Except
as otherwise provided in
division
(A)(2) of this section
sections
4955.55 and 4955.57 of the Revised Code
,
any person responsible for the installation of wayside detector
systems alongside or on a railroad shall ensure that each system
location is
not
more than ten miles
the
following distance
from
the adjacent system location
:

(A)
For a class I carrier railroad, not more than ten miles;

(B)
For a class II carrier railroad, not more than twenty-five miles;

(C)
For a class III carrier railroad, not more than thirty-five miles
.

(2)
If the natural terrain does not allow for the placement of the next
adjacent system location within ten miles from the prior system
location, the next adjacent system location shall be installed not
more than fifteen miles from the prior system location.

(B)
When a wayside detector system detects a defect in a passing train,
rolling stock, on-track equipment, or its component equipment and
parts, if the message regarding the defect is not immediately sent to
the operator of that train, rolling stock, or on-track equipment, the
person that receives the message shall immediately notify the
operator of the defect.

(C)
The department of transportation and the public utilities commission,
as part of their work with each railroad company under division (B)
of section 4955.50 of the Revised Code, shall ensure both of the
following:

(1)
The manner in which wayside detector systems are installed and placed
complies with division (A) of this section;

(2)
The manner in which wayside detector system messages are sent and
received complies with division (B) of this section.

Sec.
4955.52.
When
a wayside detector system detects a defect in a passing train,
rolling stock, on-track equipment, or its component equipment and
parts, if the message regarding the defect is not immediately sent to
the operator of that train, rolling stock, or on-track equipment, the
person that receives the message shall immediately notify the
operator of the defect.

Sec.
4955.53.
The
department of transportation and the public utilities commission, as
part of their work with each railroad company under division (B) of
section 4955.50 of the Revised Code, shall ensure both of the
following:

(A)
The manner in which wayside detector systems are installed and placed
complies with section 4955.51 of the Revised Code;

(B)
The manner in which wayside detector system messages are sent and
received complies with section 4955.52 of the Revised Code.

Sec.
4955.55.
(A)
If the natural terrain or any other reason does not allow for the
placement of the next adjacent wayside detector system location to be
within the spacing requirements described in section 4955.51 of the
Revised Code, the next adjacent system location shall be not more
than five miles from the maximum spacing allowed in that section.

(B)
For class II carriers and class III carriers, prior to the
installation of a wayside detector system outside the applicable
spacing requirements in divisions (B) and (C) of section 4955.51 of
the Revised Code, the carrier shall submit to the public utilities
commission a written explanation for the deviation.

Sec.
4955.57.
Any
railroad track owned or leased by a class II carrier or class III
carrier that has a speed limit of ten miles per hour or less is
exempt from the requirements stated in sections 4955.50 to 4955.52 of
the Revised Code.

Sec.
5501.041.
(A)
The director of transportation shall create an advanced air mobility
division within the department of transportation. The director shall
appoint a deputy director of that division and shall assign the
duties, powers, and functions of that deputy director in accordance
with section 5501.04 of the Revised Code.

(B)
The purpose of the division is to integrate advanced air mobility
capabilities into existing public service networks within the state
and to support advanced air mobility public safety and national
security objectives.

(C)
The responsibilities of the division shall include:

(1)
Incorporating advanced air mobility into state public transportation
by:

(a)
Establishing an operational state-based advanced air mobility air
traffic management system;

(b)
Ensuring that the system described in division (C)(1)(a) of this
section integrates with the existing federal aviation administration
air traffic management system;

(c)
Developing advanced air mobility tracking and information support
infrastructure;

(d)
Establishing advanced air mobility overflight and liability
regulations with consideration of existing federal regulations.

(2)
Supporting advanced air mobility solutions for law enforcement, fire
departments, and emergency medical services by establishing standard
operating procedures for use of advanced air mobility by those
entities;

(3)
Supporting public safety and national security objectives by
establishing advanced air mobility critical infrastructure protection
policies.

(D)
The division may coordinate with the office of aviation within the
department of transportation and with any other federal, state, or
local government agency, office, or department in advancing its
purpose and fulfilling its responsibilities.

Sec.
5501.20.
(A)
As used in this section:

(1)
"Career professional service" means that part of the
competitive classified service that consists of employees of the
department of transportation who, regardless of job classification,
meet both of the following qualifications:

(a)
They are supervisors, professional employees who are not in a
collective bargaining unit, confidential employees, or management
level employees, all as defined in section 4117.01 of the Revised
Code.

(b)
They exercise authority that is not merely routine or clerical in
nature and report only to a higher level unclassified employee or
employee in the career professional service.

(2)
"Demoted" means that an employee is placed in a position
where the employee's wage rate equals, or is not more than twenty per
cent less than, the employee's wage rate immediately prior to
demotion or where the employee's job responsibilities are reduced, or
both.

(3)
"Employee in the career professional service with restoration
rights" means an employee in the career professional service who
has been in the classified civil service for at least two years and
who has a cumulative total of at least ten years of continuous
service with the department of transportation.

(4)
"Egregious" means a type of conduct or offense that is
especially serious in nature, including theft in office, illegal drug
use while working, discrimination or harassment, assault, or any
other similar conduct or offense.

(B)
The director shall adopt a rule in accordance with section 111.15 of
the Revised Code that identifies specific positions within the
department of transportation that are included in the career
professional service. The director may amend the rule that identifies
the specific positions included in the career professional service
whenever the director determines necessary. Any rule adopted under
this division is subject to review and invalidation by the joint
committee on agency rule review as provided in division (D) of
section 111.15 of the Revised Code. The director shall provide a copy
of any rule adopted under this division to the director of budget and
management.

An
employee in the career professional service is subject to the
provisions of Chapter 124. of the Revised Code that govern employees
in the classified civil service.

(C)
(C)(1)

An employee in the career professional service shall receive a
written performance review at least once each year or as often as the
director considers necessary.
The

(2)
Except as provided in division (C)(3) of this section, the
department

shall

may

give
an employee whose performance is unsatisfactory an opportunity to
improve performance for a period of at least six months, by means of
a written performance improvement plan, before the department takes
any disciplinary action under this section.

(3)
If an employee's conduct or committed offense is egregious, the
department shall take immediate disciplinary action without giving
the employee an opportunity to improve performance by means of a
written performance improvement plan.

(D)
An employee in the career professional service may be suspended,
demoted, or removed pursuant to division (C) of this section or for
disciplinary reasons under section 124.34 or 124.57 of the Revised
Code. An employee in the career professional service may appeal only
the employee's removal to the state personnel board of review. An
employee in the career professional service may appeal a demotion or
a suspension of more than three days pursuant to rules the director
adopts in accordance with section 111.15 of the Revised Code.

(E)
An employee in the career professional service with restoration
rights has restoration rights if demoted because of performance, but
not if involuntarily demoted or removed for any of the reasons
described in section 124.34 or for a violation of section 124.57 of
the Revised Code. The director shall demote an employee who has
restoration rights of that nature to a position in the classified
service that in the director's judgment is similar in nature to the
position the employee held immediately prior to being appointed to
the position in the career professional service. The director shall
assign to an employee who is demoted to a position in the classified
service as provided in this division a wage rate that equals, or that
is not more than twenty per cent less than, the wage rate assigned to
the employee in the career professional service immediately prior to
the employee's demotion.

Sec.
5501.41.
(A)

The

Except
as provided in division (C) of this section, the
director
of transportation may remove snow and ice from state highways,
purchase the necessary equipment including snow fences, employ the
necessary labor, and make all contracts necessary to enable such
removal. The director may remove snow and ice from the state highways
within municipal corporations, but before doing so the director must
obtain the consent of the legislative authority of such municipal
corporation. The board of county commissioners on county highways,
and the board of township trustees on township roads, shall have the
same authority to purchase equipment for the removal of and to remove
snow and ice as the director has on the state highway system.

(B)(1)

The

Except
as provided in division (C) of this section, the
director
may provide road salt to a political subdivision if all of the
following apply:

(a)
The director has excess road salt.

(b)
The political subdivision is otherwise unable to acquire road salt.

(c)
The political subdivision is in an emergency situation.

(2)
The director shall seek reimbursement from a political subdivision
for road salt provided under this division. The reimbursement amount
shall equal the price at which the director purchased the road salt.

(C)(1)
The director shall provide snow and ice removal and road salt
application assistance to a village if both of the following apply:

(a)
The legislative authority of the village requests assistance from the
department of transportation.

(b)
The snow and ice removal and road salt application is for a state
highway within the corporate limits of the village.

(2)
The director shall not seek reimbursement for the assistance provided
under division (C)(1) of this section from the village if
reimbursement presents a significant financial hardship for the
village.

(3)
Nothing in division (C) of this section requires the department to
reimburse or pay a village for snow and ice removal and road salt
application that is performed by either an employee of the village or
a third party on behalf of the village.

Sec.
5501.421.
(A)
The director of transportation shall establish and administer a grass
removal assistance support and safety program. Under the program, the
department of transportation shall provide supplemental grass, weed,
and other natural growth removal to a village when all of the
following apply:

(1)
The grass, weeds, or other natural growth are within the right-of-way
of a state highway.

(2)
The state highway is within the corporate limits of the village.

(3)
The location of the grass, weeds, or other natural growth makes
removal, pruning, or trimming difficult, dangerous, presents a
significant financial hardship for the village, or is imperative for
maintaining clear visibility for drivers along the highway.

(4)
The legislative authority of the village requests assistance from the
department through the program.

(B)
Under the program, the department shall provide support to a village
through cutting, trimming, mowing, or any other substantially similar
activity. All support shall be provided in a manner that is in
accordance with department standards for maintaining grass, weeds,
and other natural growth.

(C)
The director shall establish procedures for the program that include:

(1)
The application process;

(2)
A system for verifying the location and necessity of the aid
requested;

(3)
A process for administering the grass, weed, and natural growth
removal for qualified village applicants;

(4)
Any other procedures and requirements necessary for the department to
administer this section.

(D)
The department shall provide the grass, weed, and natural growth
removal assistance to each qualified applicant. The director shall
not seek reimbursement for the assistance provided under this section
from a village if reimbursement presents a significant financial
hardship for the village.

(E)
Nothing in this section requires the department to reimburse or pay a
village for grass, weed, and natural growth removal that is performed
by either an employee of the village or a third party on behalf of
the village.

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

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

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

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

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

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

(D)
In addition to the authority granted under division (B) of this
section, the director of public safety may enter into an agreement
with any private toll transportation facility located in another
state that governs the collection and enforcement of tolls for a
highway, bridge, or tunnel operated by the private toll
transportation facility. Any agreement entered into under this
division applies only to tolls charged to a driver on and after the
effective date of this amendment.

Sec.
5512.07.
(A)
There is hereby created the transportation review advisory council.
No member of the general assembly shall be a member of the council.
The council shall consist of nine members, one of whom is the
director of transportation. Six members shall be appointed by the
governor with the advice and consent of the senate. One member shall
be appointed by the speaker of the house of representatives and one
member shall be appointed by the president of the senate. In making
their appointments, the governor, the speaker of the house of
representatives, and the president of the senate shall consult with
each other so that of the total number of eight appointed members, at
least two are affiliated with the major political party not
represented by the governor. In making the governor's appointments,
the governor shall appoint persons who reside in different geographic
areas of the state. Within ninety days after June 30, 1997, the
governor, speaker, and president shall make the initial appointments
to the council.

Appointed
members shall have no conflict of interest with the position. For
purposes of this section, "conflict of interest" means
taking any action that violates any provision of Chapter 102. or
2921. of the Revised Code.

Each
of the members the governor appoints shall have experience either in
the area of transportation or in that of business or economic
development.

One
such member shall be selected from a list of five names provided by
the Ohio public expenditure council.

(B)
Of the governor's initial appointments made to the council, one shall
be for a term ending one year after June 30, 1997, one shall be for a
term ending two years after June 30, 1997, one shall be for a term
ending four years after June 30, 1997, and one shall be for a term
ending five years after June 30, 1997. Within ninety days after
September 16, 1998, the governor shall make two appointments to the
council. Of these appointments, one shall be for a term ending June
30, 2001, and one shall be for a term ending June 30, 2002. The
speaker's and president's initial appointments made to the council
shall be for a term ending three years after June 30, 1997.
Thereafter, all terms of office, including the terms for those
persons who are appointed to succeed the persons whose appointments
are made within ninety days after September 16, 1998, shall be for
five years, with each term ending on the same day of the same month
as did the term that it succeeds. Each member shall hold office from
the date of appointment until the end of the term for which the
member was appointed. Members may be reappointed. Vacancies shall be
filled in the manner provided for original appointments. Any member
appointed to fill another member's unexpired term shall hold office
for the remainder of that unexpired term. A member shall continue in
office subsequent to the expiration of the member's term until the
member's successor takes office.

(C)
The director of transportation is the chairperson of the council.

Sec.
5513.01.
(A)
The director of transportation shall make all purchases of
machinery,
materials,
supplies,

or
other articles
products,
and services
in
the manner provided in this section. In all cases except those in
which the director provides written authorization for purchases by
district deputy directors of transportation, the director shall make
all such purchases at the central office of the department of
transportation in Columbus.
Before
making any purchase at that office, the director, as provided in this
section, shall give notice to bidders of the director's intention to
purchase.
Where
the expenditure does not exceed the amount applicable to the purchase
of supplies
,
products, or services

specified in division (A) of section 125.05 of the Revised Code, the
director shall give such notice as the director considers proper, or
the director may make the purchase without notice. Where the
expenditure exceeds the amount applicable to the purchase of
supplies
,
products, or services

specified in division (A) of section 125.05 of the Revised Code, the
director shall give notice by posting for not less than ten days
a
written, typed, or printed invitation to bidders on a bulletin board.
The director shall locate the notice in a place in the offices
assigned to the department and open to the public during business
hours
the
intention to purchase on the electronic procurement system
established by the department of administrative services under
section 125.073 of the Revised Code. The director shall use a
competitive selection process in the purchase of supplies, products,
or services
.

Producers
or distributors of any product may notify the director, in writing,
of the class of articles for the furnishing of which they desire to
bid and their post-office addresses. In that circumstance, the
director shall mail copies of all invitations to bidders relating to
the purchase of such articles to such persons by regular first class
mail at least ten days prior to the time fixed for taking bids. The
director also may mail copies of all invitations to bidders to news
agencies or other agencies or organizations distributing information
of this character. Requests for invitations are not valid and do not
require action by the director unless renewed by the director, either
annually or after such shorter period as the director may prescribe
by a general rule.

The
director
shall
include in an invitation to bidders a brief statement of the general
character of the article that it is intended to purchase, the
approximate quantity desired, and a statement of the time and place
where bids will be received, and may relate to and describe as many
different articles as the director thinks proper
may
post multiple supplies, products, or services in a single listing on
the electronic procurement system
,
it being the intent and purpose of this section to authorize the
inclusion in a single
invitation

solicitation

of
as many different
articles

supplies,
products, or services
as
the director desires to
invite
bids upon
purchase

at
any given time.
The
director shall give invitations issued during each calendar year
consecutive numbers, and ensure that the number assigned to each
invitation appears on all copies thereof. In all cases where notice
is required by this section, the director shall require sealed bids,
on forms prescribed and furnished by the director.
The
director shall not permit the modification of bids after they have
been opened.

(B)
The director may permit a state agency, the Ohio turnpike and
infrastructure commission, any political subdivision, and any state
university or college to participate in contracts into which the
director has entered for the purchase of
machinery,
materials,

supplies,
products,

or

other
articles
services
.
The turnpike and infrastructure commission and any political
subdivision or state university or college desiring to participate in
such purchase contracts shall file with the director a certified copy
of the bylaws or rules of the turnpike and infrastructure commission
or the ordinance or resolution of the legislative authority, board of
trustees, or other governing board requesting authorization to
participate in such contracts and agreeing to be bound by such terms
and conditions as the director prescribes. Purchases made by a state
agency, the turnpike and infrastructure commission, political
subdivisions, or state universities or colleges under this division
are exempt from any competitive bidding required by law for the
purchase of
machinery,
materials,
supplies,

products,

or

other
articles
services
.

(C)
As used in this section:

(1)

"Competitive
selection," "products," "purchase,"
"services," and "supplies" have the same meanings
as in section 125.01 of the Revised Code.

(2)

"Political
subdivision" means any county, township, municipal corporation,
conservancy district, township park district, park district created
under Chapter 1545. of the Revised Code, port authority, regional
transit authority, regional airport authority, regional water and
sewer district, county transit board, school district as defined in
section 5513.04 of the Revised Code, regional planning commission
formed under section 713.21 of the Revised Code, regional council of
government formed under section 167.01 of the Revised Code, or other
association of local governments established pursuant to an agreement
under sections 307.14 to 307.19 of the Revised Code.

(2)
(3)

"State university or college" has the same meaning as in
division (A)(1) of section 3345.32 of the Revised Code.

(3)
(4)

"Ohio turnpike and infrastructure commission" means the
commission created by section 5537.02 of the Revised Code.

(4)
(5)

"State agency" means every organized body, office, board,
authority, commission, or agency established by the laws of the state
for the exercise of any governmental or quasi-governmental function
of state government, regardless of the funding source for that
entity, other than any state institution of higher education, the
office of the governor, lieutenant governor, auditor of state,
treasurer of state, secretary of state, or attorney general, the
general assembly, the courts or any judicial agency, or any state
retirement system or retirement program established by or referenced
in the Revised Code.

Sec.
5515.01.
The
director of transportation may upon formal application being made to
the director, grant a permit to any individual, firm, or corporation
to use or occupy such portion of a road or highway on the state
highway system as will not incommode the traveling public. Such
permits, when granted, shall be upon the following conditions:

(A)
The director may issue a permit to any individual, firm, or
corporation for any use of a road or highway on the state highway
system that is consistent with applicable federal law or federal
regulations.

(B)
Such location shall be changed as prescribed by the director when the
director deems such change necessary for the convenience of the
traveling public, or in connection with or contemplation of the
construction, reconstruction, improvement, relocating, maintenance,
or repair of such road or highway.

(C)
The placing of objects or things shall be at a grade and in
accordance with such plans, specifications, or both, as shall be
first approved by the director.

(D)
The road or highway in all respects shall be fully restored to its
former condition of usefulness and at the expense of such individual,
firm, or corporation.

(E)
Such individual, firm, or corporation shall maintain all objects and
things in a proper manner, promptly repair all damages resulting to
such road or highway on account thereof, and in event of failure to
so repair such road or highway to pay to the state all costs and
expenses that may be expended by the director in repairing any
damage.

(F)
Such other conditions as may seem reasonable to the director, but no
condition shall be prescribed that imposes the payment of a money
consideration for the privilege granted. Nothing in this division
prohibits the director from requiring payment of money consideration
for a lease, easement, license, or other interest in a transportation
facility under control of the department of transportation.

(G)
Permits may be revoked by the director at any time for a
noncompliance with the conditions imposed.

(H)
As a condition precedent to the issuance of any permit for
telecommunications facilities or carbon capture and storage
pipelines, the director shall require the applicant to provide proof
it is party to a lease, easement, or license for the construction,
placement, or operation of such facility or pipeline in or on a
transportation facility.

Except
as otherwise provided in this section and section 5501.311 of the
Revised Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516.,
5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533.,
and 5535. of the Revised Code do not prohibit telephone and electric
light and power companies from constructing, maintaining, and using
telephone or electric light and power lines along and upon such roads
or highways under section 4933.14 or other sections of the Revised
Code, or to affect existing rights of any such companies, or to
require such companies to obtain a permit from the director, except
with respect to the location of poles, wires, conduits, and other
equipment comprising lines on or beneath the surface of such road or
highways.

This
section does not prohibit steam or electric railroad companies from
constructing tracks across such roads or highways, nor authorize the
director to grant permission to any company owning, operating,
controlling, or managing a steam railroad or interurban railway in
this state to build a new line of railroad, or to change or alter the
location of existing tracks across any road or highway on the state
highway system at grade. No such company shall change the elevation
of any of its tracks across such road or highway except in accordance
with plans and specifications first approved by the director.

This
section does not relieve any individual, firm, or corporation from
the obligation of satisfying any claim or demand of an owner of lands
abutting on such road or highway on the state highway system on
account of placing in such road or highway a burden in addition to
public travel.

(I)
No person shall knowingly use or occupy a portion of a road or
highway on the state highway system if the director revokes that
person's permit under division (G) of this section.

Sec.
5515.02.
(A)
As used in this section,"road" or "highway" has
the same meaning as in section 5501.01 of the Revised Code and also
includes any part of the right-of-way.

(B)

All
individuals, firms, and corporations using or occupying any part of a
road or highway on the state highway system with telegraph or
telephone lines, steam, electrical, or industrial railways, oil, gas,
water, or other pipes, mains, conduits, or any object or structure,
other than by virtue of a franchise or permit granted and in force,
shall remove from the bounds of the road or highway, their poles and
wires connected therewith, and any tracks, switches, spurs, or oil,
gas, water, or other pipes, mains, conduits, or other objects or
structures, when in the opinion of the director of transportation
they constitute obstructions, or they interfere or may interfere with
the contemplated construction, reconstruction, improvement,
maintenance, repair, or use by the traveling public of the roads or
highways.

(C)

All
individuals, firms, or corporations so occupying any road or highway
on the state highway system, under and by virtue of a franchise or
permit granted and in force, shall relocate their properties and all
parts thereof within the bounds of the road or highway when in the
opinion of the director they constitute obstructions, or they
interfere with or may interfere with the contemplated construction,
reconstruction, improvement, maintenance, repair, or use of the road
or highway. The relocation within the bounds of the road or highway
shall be in the manner and to the extent prescribed by the director.

(D)

If,
in the opinion of the director, such individuals, firms, or
corporations have obstructed any road or highway on the state highway
system, or if any of their properties are so located that they do or
may interfere with the contemplated construction, reconstruction,
improvement, maintenance, repair, or use of the road or highway, the
director shall notify such individual, firm, or corporation directing
the removal of the obstruction or properties, or the relocation of
the properties. If the individual, firm, or corporation does not
within five days from the service of the notice proceed to remove or
relocate the obstruction or properties and complete the removal or
relocation within a reasonable time, the director may remove or
relocate the same by employing the necessary labor, tools, and
equipment. Any notice required under this section shall be made by
personal service, certified mail, or express mail.

(E)

If,
in the director's opinion, the obstruction or properties present an
immediate and serious threat to the safety of the traveling public,
the director may remove or relocate the obstruction or properties
without prior notice.

(F)

When
the director performs a removal or relocation under this section, the
costs and expenses shall be paid by the director out of any
appropriation of the department of transportation available for the
establishment, construction, reconstruction, improvement,
maintenance, or repair of highways, and the amount thereof shall be
certified to the attorney general for collection by civil action.

As
used in this section, "road" or "highway" has the
same meaning as in section 5501.01 of the Revised Code and also
includes any part of the right of way.

(G)
No person shall knowingly fail to remove or relocate an obstruction
or property when required to do so under this section.

Sec.
5515.10.
(A)
As used in this section:

(1)
"Telecommunications carrier" has the same meaning as in
section 4927.01 of the Revised Code.

(2)
"Telecommunications or utility structure" means any
facility, line, pipe, cable, or other equipment used by a
telecommunications carrier or utility provider to provide service.

(3)
"Utility provider" means any entity described in section
4905.03 of the Revised Code, regardless of whether the entity is a
public utility under section 4905.02 of the Revised Code.

(4)
"Abandoned" does not include a change in ownership of the
telecommunications or utility structure.

(B)
The department of transportation shall make reasonable attempts to
identify the owner of an abandoned telecommunications or utility
structure in, upon, under, or otherwise occupying a road or highway
of the state highway system or right-of-way.

(C)
If all reasonable attempts to identify the owner under division (A)
of this section have failed, the department may remove or cause the
removal of the abandoned telecommunications or utility structure. The
department may retain a third party to remove the abandoned
telecommunications or utility structure.

Sec.
5515.99.
(A)
Whoever violates section 5515.01 of the Revised Code shall be fined
not more than five hundred dollars for a first offense; for a
subsequent offense such person shall be fined not more than two
thousand five hundred dollars.

(B)
Whoever violates division (G) of section 5515.02 of the Revised Code
shall be fined not more than one hundred dollars for each day that
the person remains in violation of that division.

(C)

Whoever
violates section 5515.07 of the Revised Code or any rule or
regulation adopted pursuant to such section shall be fined not more
than one hundred dollars for a first offense; for a subsequent
offense such person shall be fined not more than five hundred
dollars.

Sec.
5517.012.
(A)
As used in this section, "indefinite delivery indefinite
quantity contract" means a contract for an unspecified quantity,
within stated limits, of supplies or services that will be delivered
by the awarded bidder over a defined period.

(B)
Notwithstanding section 5517.01 of the Revised Code, the director of
transportation may enter into indefinite delivery indefinite quantity
construction contracts for highway maintenance limited to guardrail,
highway lighting, and traffic signal maintenance.

(C)
The total value of a contract entered into under this section shall
not exceed two million dollars per project.

(D)
Each district of the department of transportation is limited to two
indefinite delivery indefinite quantity construction contracts for
highway maintenance at any given time.

(E)
The duration of a contract entered into under this section shall not
exceed two years per project.

(F)
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 that, notwithstanding
division (C) of this section, may include an increase of two hundred
thousand dollars or ten percent of the advertised contract value,
whichever is less;

(b)
The duration of the contract that, notwithstanding division (E) of
this section, may include 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.

(4)
Advertise and seek bids;

(5)
Award to the successful bidder;

(6)
Develop and implement an indefinite delivery indefinite quantity
process 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;

(7)
Establish any policies and procedures necessary to fulfill the duties
and obligations of the director under this section.

(G)
Section 5525.01 of the Revised Code applies to indefinite delivery
indefinite quantity contracts. Section 5525.14 of the Revised Code
does not apply to the procurement of indefinite delivery indefinite
quantity construction contracts.

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
highway

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 of highway, exclusive of
structures and
highway

traffic

control

signals;

(b)
Sixty thousand dollars for any single
highway

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)
Chip seal or fog seal an asphalt surface if both of the following
apply:

(i)
The operation does not exceed twenty-eight feet in width, excluding
turn lanes.

(ii)
Chip seal or fog seal operations statewide are not more than two
hundred cumulative centerline miles of asphalt surface per year
.

(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.
5517.08.
(A)
As used in this section, "start date" means one of the
following, as applicable:

(1)
The date that the department of transportation will advertise for
competitive bids related to the chip sealing or fog sealing of an
asphalt surface on a state highway project;

(2)
The date that the department will begin chip sealing or fog sealing
an asphalt surface on a state highway project through force account
in accordance with division (A)(1)(e) of section 5517.021 of the
Revised Code.

(B)
Not less than thirty days prior to the start date of a chip sealing
or fog sealing project, the director of transportation shall notify
the appropriate board of county commissioners or board of township
trustees of the sealing project.

Sec.
5521.01.
The
director of transportation, upon the request by and the approval of
the legislative authority of a village, shall maintain, repair, and
apply standard longitudinal pavement marking lines as the director
considers appropriate, or may establish, construct, reconstruct,
improve, or widen any section of a state highway within the limits of
a village. The director also may erect regulatory and warning signs,
as defined in the manual adopted under section 4511.09 of the Revised
Code, on any section of a state highway within the limits of a
village. The director may establish, construct, reconstruct, improve,
widen, maintain, or repair any section of state highway within the
limits of a city, including the elimination of railway grade
crossings, and pay the entire or any part of the cost and expense
thereof from state funds, but in all cases the director first shall
obtain the consent of the legislative authority of the municipal
corporation, except that the director need not obtain the consent of
the municipal corporation if the existing highway being changed or
the location of an additional highway being established was not
within the corporate limits of the municipal corporation at the time
the director determines the establishment or change should be made,
or if the director is acting pursuant to section 5501.49 of the
Revised Code.

Any
written agreement for street maintenance and repairs, including
maintenance and repairs of a state highway located within a municipal
corporation, that was entered into by the Ohio department of highways
is binding on any of its successors, including the Ohio department of
transportation.

Except
as provided in section 5501.49 of the Revised Code, when in the
opinion of the director there is urgent need to establish a state
highway, which is to be designated a federal aid highway, or a
federal aid interstate highway within a municipal corporation or, in
the opinion of the director, any federal aid highway or interstate
federal aid highway is in urgent need of repair, reconstruction,
widening, improvement, or relocation, so as to accommodate the
traveling public, the director shall submit a written request to the
legislative authority of the municipal corporation for its consent to
the desired establishment or improvement. The legislative authority,
within sixty days after the written request has been received from
the director, either shall grant its consent to the establishment or
improvement or refuse consent by filing in writing with the director
a statement of its reasons for refusing consent and any alternate
proposals it considers reasonable. If the legislative authority fails
to act or refuses consent, the director, upon consideration of the
reasons for rejection, may make a resolution declaring the necessity
of the establishment or improvement, and then proceed in the same
manner as if consent had been given. A certified copy of the
resolution shall be served upon the municipal legislative authority,
which, within twenty days from the date of service, may appeal to the
court of common pleas of the county in which the municipal
corporation is situated, upon the reasonableness and necessity of the
action provided for in the resolution. In the hearing upon appeal,
the director shall introduce the record of the director's
proceedings, including the director's findings with respect to
factors referred to in section 5521.011 of the Revised Code, and such
other competent evidence as the director desires in support of the
director's resolution, and the municipality likewise may introduce
competent evidence opposing the resolution, and findings. The court
may affirm or revoke the resolution. The decision of the common pleas
court may be appealed to the court of appeals and the supreme court
as in other cases. If the court affirms the resolution, the director
may proceed with the establishment or improvement with or without the
cooperation of the municipal corporation. Any such municipal
corporation may cooperate with the director in the work and pay such
portion of the cost as is agreed upon between the municipal
corporation and the director. The legislative authority of any
municipal corporation desiring to cooperate, by resolution, may
propose such cooperation to the director, and a copy of the
resolution, which shall set forth the proportion of the cost and
expense to be contributed by the municipal corporation, shall be
filed with the director. The director shall cause to be prepared the
necessary surveys, plans, profiles, cross sections, estimates, and
specifications and shall file copies of them with the legislative
authority of the municipal corporation. After the legislative
authority has approved the surveys, plans, profiles, cross sections,
estimates, and specifications, and after the municipal corporation
has provided the funds necessary to meet the portion of the cost of
the work assumed by it, the municipal corporation shall enter into a
contract with the state providing for payment by the municipal
corporation of the agreed portion of the cost. The form of the
contract shall be prescribed by the attorney general, and such
contracts shall be submitted to the director and approved before the
receipt of bids. Section 5705.41 of the Revised Code applies to such
contract to be made by the municipal corporation, and a duplicate of
the certificate of the chief fiscal officer of the municipal
corporation shall be filed in the office of the director. That part
of the cost of the work assumed by the municipal corporation shall be
paid from the proceeds of taxes or special assessments, or both, or
from the proceeds of notes or bonds issued and sold in anticipation
of the collection of the taxes and assessments. For the purpose of
providing funds for the payment of that part of the cost of the work
assumed by the municipal corporation, the municipal corporation has
the same authority to make special assessments, levy taxes, and issue
bonds or notes, in anticipation of the collection of the same, as it
has with respect to improvements constructed under the sole
supervision and control of the municipal corporation. All such
assessments shall be made, taxes levied, and bonds or notes issued
and sold under such conditions and restrictions as may be provided
with respect to assessments, taxes, bonds, or notes made, levied,
issued, or sold in connection with improvements of the same class and
character constructed under the sole supervision and control of the
municipal corporation. The improvement shall be constructed under the
sole supervision of the director. The proportion of the cost and
expense payable by the municipal corporation shall be paid by the
proper officers thereof, upon the requisition of the director, and at
times during the progress of the work as may be determined by the
director or as may be otherwise provided by law.

Sec.
5525.03.
(A)
All prospective bidders other than environmental remediators and
specialty contractors for which there are no classes of work provided
for in the rules adopted by the director of transportation shall
apply for qualification on forms prescribed and furnished by the
director. The application shall be accompanied by a certificate of
compliance with affirmative action programs issued pursuant to
section 9.47 of the Revised Code and dated no earlier than one
hundred eighty days before the date fixed for the
opening
of bids
award
of the contract
for
a particular project.

(B)
The director shall act upon an application for qualification within
thirty days after it is presented to the director. Upon the receipt
of any application for qualification, the director shall examine the
application to determine whether the applicant is competent and
responsible and possesses the financial resources required by section
5525.04 of the Revised Code. If the applicant is found to possess the
qualifications prescribed by sections 5525.02 to 5525.09 of the
Revised Code and by rules adopted by the director, including a
certificate of compliance with affirmative action programs, a
certificate of qualification shall be issued to the applicant, which
shall be valid for the period of one year or such shorter period of
time as the director prescribes, unless revoked by the director for
cause as defined by rules adopted by the director under section
5525.05 of the Revised Code.

(C)
The certificate of qualification shall contain a statement fixing the
aggregate amount of work, for any or all owners, that the applicant
may have under construction and uncompleted at any one time and may
contain a statement limiting such bidder to the submission of bids
upon a certain class of work. Subject to any restriction as to amount
or class of work therein contained, the certificate of qualification
shall authorize its holder to bid on all work on which bids are taken
by the department of transportation during the period of time therein
specified.

(D)
An applicant who has received a certificate of qualification and
desires to amend the certificate by the dollar amount or by the
classes of work may submit to the director such documentation as the
director considers appropriate. The director shall review the
documentation submitted by the applicant and, within fifteen days,
shall either amend the certificate of qualification or deny the
request. If the director denies the request to amend the certificate,
the applicant may appeal that decision to the director's
prequalification review board in accordance with section 5525.07 of
the Revised Code. Two or more persons, partnerships, or corporations
may bid jointly on any one project, but only on condition that prior
to the time bids are taken on the project the bidders make a joint
application for qualification and obtain a joint certificate
qualification.

(E)
The director may debar from participating in future contracts with
the department any bidding company as well as any partner of a
partnership, or the officers and directors of an association or
corporation if the certificate of qualification of the company,
partnership, association, or corporation is revoked or not renewed by
the director. When the director reasonably believes that grounds for
revocation and debarment exist, the director shall send the bidding
company and any individual involved a notice of proposed revocation
and debarment indicating the grounds for such action as established
in rules adopted by the director under section 5525.05 of the Revised
Code and the procedure for requesting a hearing. The notice and
hearing shall be in accordance with Chapter 119. of the Revised Code.
If the bidding company or individual does not respond with a request
for a hearing in the manner specified in Chapter 119. of the Revised
Code, the director shall revoke the certificate and issue the
debarment decision without a hearing and shall notify the bidding
company or individual of the decision by certified mail, return
receipt requested.

(F)
The debarment period may be of any length determined by the director
and the director may modify or rescind the debarment at any time.
During the period of debarment, the director shall not issue a
certificate of qualification for any company, partnership,
association, or corporation affiliated with a debarred individual.
After the debarment period expires, the bidding company or
individual, and any partnership, association, or corporation
affiliated with the individual may make an application for
qualification if such entity or individual is not otherwise debarred.

Sec.
5525.04.
No
bidder shall be given a certificate of qualification unless the
bidder's financial statement and the investigation made by the
director of transportation show that the bidder possesses net current
assets or working capital sufficient, in the judgment of the
director, to render it probable that the bidder can satisfactorily
execute the bidder's contracts and meet all contractual obligations.
Any applicant desiring a certificate of qualification in an amount of

five

ten

million
dollars or more shall submit on forms prescribed by the director a
financial audit prepared and attested as correct by an independent
certified public accountant. Any applicant desiring a certificate of
qualification in an amount that is less than
five

ten

million
dollars shall submit a financial review on forms prescribed by the
director. The aggregate amount of work set forth in either type of
certificate of qualification shall not exceed ten times the
applicant's net current assets or working capital. At the time of

bidding
award
of the contract
,
a bidder's qualification is determined by the bidder's qualification
amount minus all of the bidder's pending work.

Applicants
for qualification shall expressly authorize the director to obtain
any information that the director considers pertinent, with respect
to the financial worth, assets, and liabilities of the applicant,
from banks or other financial institutions, surety companies, dealers
in material, equipment, or supplies, or other persons having business
transactions with the applicant. Applicants shall expressly authorize
all such financial institutions or other persons to furnish any such
information requested from them by the director. All information
filed with or furnished to the director by applicants or other
persons, in connection with the administration of sections 5525.02 to
5525.09 of the Revised Code, shall be kept in confidence by the
director and not revealed to any person, except upon proper order of
a court. Failure to submit the required information or to expressly
grant the director authority to obtain the required information shall
result in the denial of a certificate of qualification. The director
or the director's subordinates shall have access to the books of
account and financial records of all applicants, unless the financial
statement furnished by any applicant is prepared and attested as
correct by a certified public accountant.

If
an applicant for either type of certificate of qualification is or
has been an employer in this state the application shall be
accompanied by satisfactory evidence that the applicant has complied
with Chapter 4123. of the Revised Code.

The
director may require all qualified bidders to file financial
statements at such intervals as the director prescribes. Sections
5525.02 to 5525.09 of the Revised Code shall be administered without
reference to the residence of applicants, and the rules of the
director shall apply equally to residents and nonresidents of this
state. Sections 5525.02 to 5525.09 of the Revised Code, do not apply
to the purchase of material, equipment, or supplies.

Sec.
5525.08.
Except
as otherwise provided in this section, the director of transportation
shall not consider any bid filed with the director by any person who
has not been qualified to bid

by the time the contract is awarded
.

Bids
from unqualified bidders discovered by the director prior to the
reading thereof to be from such persons shall be returned without
being read.
If
the director finds, subsequent to the opening of bids, that facts
exist that would disqualify the lowest bidder, or that such bidder
either is not competent and responsible or has submitted a
nonresponsive bid, the director shall reject such bid, despite
the
fact of
any

prior
qualification of such bidder. No contract shall be awarded to any
bidder not qualified to bid thereon at the time
fixed
for receiving bids
of
awarding the contract
,
except that the director may award contracts for environmental
remediation and specialty work not set out in the director's rules
governing classes of work to bidders that are not qualified under
sections 5525.02 to 5525.09 of the Revised Code.

Sec.
5525.14.
(A)
Notwithstanding sections 125.01 to 125.11 of the Revised Code, the
director of transportation, by written instruction to the contractor,
may increase the quantities of any item specified or not specified in
a competitively bid construction contract but, except as provided in
division (B) of this section, the additional cost incurred by the
increase shall not exceed the lesser of one hundred thousand dollars
or five per cent of the total contract price. Any such provision for
increased quantities or extra work shall be made in the form of a
written change to the original contract and does not require
competitive bidding.

(B)
The
one
hundred thousand dollar or five per cent restriction
monetary
threshold established
in
division (A) of this section does not apply to change orders or extra
work contracts when the total dollar amount of the increase is

twenty-five
fifty

thousand
dollars or less
,

or to change orders or extra work contracts resulting from any of the
following:

(1)
An increase in the plan quantity that is determined during the final
measurement of an item of work.

(2)
Federally mandated requirements that did not exist at the time of the
original contract award.

(3)
Circumstances that would create a life-, safety-, or
health-threatening situation or would unduly delay the completion of
a project and increase its costs, but only if the director makes a
finding of such fact, declares an emergency, and issues the finding.
Extra work that the director contracts for in these circumstances may
include not only construction needed to complete a project, but also
adjustments needed to meet changed conditions, alterations in
original plans, unforeseen contingencies, or payments necessitated by
contract terminations or suspensions.

All
change orders or extra work contracts set forth in division (B) of
this section shall be reported to the controlling board quarterly in
writing.

(C)
The director, by written instruction to the contractor, may decrease
or cancel the quantity of any item specified in a contract or portion
of a contract and authorize payment to the contractor for reasonable
costs incurred to date.

Sec.
5525.16.
(A)
Before entering into a contract, the director of transportation shall
require a contract performance bond and a payment bond with
sufficient sureties, as follows:

(1)
A contract performance bond in an amount equal to one hundred per
cent of the contract amount, conditioned, among other things, that
the contractor will perform the work upon the terms proposed, within
the time prescribed,
and

in
accordance with the plans and specifications,
and

will
indemnify the state against any damage that may result from any
failure of the contractor to so perform
,
and, further, in case of a grade separation will indemnify any
railroad company involved against any damage that may result by
reason of the negligence of the contractor in making the improvement
.

(2)
A payment bond in an amount equal to one hundred per cent of the
contract amount, conditioned for the payment by the contractor and
all subcontractors for labor or work performed or materials furnished
in connection with the work, improvement, or project involved.

(B)
After entering into a contract and the initial issuance of a contract
performance bond and payment bond in accordance with division (A) of
this section, both of the following apply, as applicable:

(1)
If the contract amount increases or decreases by forty thousand
dollars or more during the term of the contract, the final bond
amount shall be adjusted to account for the change from the original
contract value to the actual final contract value. The director shall
do all of the following:

(a)
Determine the final bond premium amount for the contract performance
bond and payment bond based on the actual final contract value;

(b)
Finalize any bond premium adjustments after receiving written consent
from the affected sureties confirming that the sureties increased or
decreased the penal sums, as applicable;

(c)
Determine what, if any, additional payments or refunds are necessary
under the contract as a result of the adjusted final bond premium
amount.

(2)
A contractor shall provide the director with new surety bonds, in the
form and amount required by this section, within twenty-one days of
any of the following occurring to a surety providing a surety bond
for the project:

(a)
It is adjudged bankrupt or has made a general assignment for the
benefit of its creditors;

(b)
It has liquidated all assets or has made a general assignment for the
benefit of its creditors;

(c)
It is placed in receivership;

(d)
It petitions a state or federal court for protection from its
creditors;

(e)
It allows its license to do business in this state to lapse or to be
revoked.

(C)(1)
In no case is the state liable for damages sustained in the
construction of any work, improvement, or project under this chapter
and Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 5519.,
5521., 5523., 5527., 5528., 5529., 5531., 5533., and 5535. of the
Revised Code.

(2)
This section does not require the director to take bonds as described
in division (A) or (B) of this section in connection with any force
account work, but the director may require those bonds in connection
with force account work.

(3)
If any bonds taken under this section are executed by a surety
company, the director may not approve such bonds unless there is
attached a certificate of the superintendent of insurance that the
company is authorized to transact business in this state, and a copy
of the power of attorney of the agent of the company. The
superintendent, upon request, shall issue to any licensed agent of
such company the certificate without charge.

(4)
The bonds required to be taken under this section shall be executed
by the same surety, approved by the director as to sufficiency of the
sureties, and be in the form prescribed by the attorney general.

(D)
Any person to whom any money is due for labor or work performed or
materials furnished in connection with a work, improvement, or
project, at any time after performing the labor or furnishing the
materials but not later than ninety days after the acceptance of the
work, improvement, or project by the director, may furnish to the
sureties on the payment bond a statement of the amount due the
person. If the indebtedness is not paid in full at the expiration of
sixty days after the statement is furnished, the person may commence
an action in the person's own name upon the bond as provided in
sections 2307.06 and 2307.07 of the Revised Code.

An
action shall not be commenced against the sureties on a payment bond
until sixty days after the furnishing of the statement described in
this section or, notwithstanding section 2305.12 of the Revised Code,
later than one year after the date of the acceptance of the work,
improvement, or project.

(E)
When the total contract amount is greater than five hundred million
dollars, the director may authorize either of the following for
purposes of meeting the requirements of division (A) of this section:

(1)
The issuance of multiple contract performance bonds or multiple
contract payment bonds to meet the requirement that the bonding
amount equals one hundred per cent of the contract amount;

(2)
The issuance of contract performance bonds and contract payment bonds
in succession to align with the phases of the contract to meet the
requirement that the bonding amount equals one hundred per cent of
the contract amount.

(F)
As used in this section:

(1)
"Improvement," "subcontractor," "material
supplier," and "materials" have the same meanings as
in section 1311.01 of the Revised Code, and "contractor"
has the same meaning as "original contractor" as defined in
that section.

(2)
"Actual final contract value" is the final sum of money,
excluding any bond premium adjustments, that is paid by the
department to the contractor as a result of the contractor completing
the agreed upon work.

Sec.
5537.02.
(A)
There is hereby created a commission to be known on and after July 1,
2013, as the "Ohio turnpike and infrastructure commission."
The commission is a body both corporate and politic, constituting an
instrumentality of the state, and the exercise by it of the powers
conferred by this chapter in the construction, operation, and
maintenance of the Ohio turnpike system, and also in entering into
agreements with the department of transportation to pay the cost or a
portion of the costs of infrastructure projects, are and shall be
held to be essential governmental functions of the state
,
but the commission shall not be immune from liability by reason
thereof
.
Chapter 2744. of the Revised Code applies to the commission and the
commission is a political subdivision of the state for purposes of
that chapter. The commission is subject to all provisions of law
generally applicable to state agencies which do not conflict with
this chapter.

(B)(1)
The commission shall consist of ten members as follows:

(a)
Six members appointed by the governor with the advice and consent of
the senate, no more than three of whom shall be members of the same
political party;

(b)
The director of transportation, or the director's designee, who shall
be a voting member, and the director of budget and management, or the
director's designee. The directors or their designees, as applicable,
shall serve as ex officio members, without compensation;

(c)
One member of the senate, appointed by the president of the senate,
who shall represent either a district in which is located or through
which passes a portion of a turnpike project that is part of the Ohio
turnpike system or a district located in the vicinity of a turnpike
project that is part of the Ohio turnpike system;

(d)
One member of the house of representatives, appointed by the speaker
of the house of representatives, who shall represent either a
district in which is located or through which passes a portion of a
turnpike project that is part of the Ohio turnpike system or a
district located in the vicinity of a turnpike project that is part
of the Ohio turnpike system.

(2)
The members appointed by the governor shall be residents of the
state, shall have been qualified electors therein for a period of at
least five years next preceding their appointment. In making the
appointments, the governor may appoint persons who reside in
different geographic areas of the state, taking into consideration
the various turnpike and infrastructure projects in the state.
Members appointed to the commission prior to July 1, 2013, shall
serve terms of eight years commencing on the first day of July and
ending on the thirtieth day of June. Thereafter, members appointed by
the governor shall serve terms of five years commencing on the first
day of July and ending on the thirtieth day of June. Those members
appointed by the president of the senate or the speaker of the house
of representatives shall serve a term of the remainder of the general
assembly during which the senator or representative is appointed.
Each appointed member shall hold office from the date of appointment
until the end of the term for which the member was appointed. If a
commission member dies or resigns, or if a senator or representative
who is a member of the commission ceases to be a senator or
representative, or if an ex officio member ceases to hold the
applicable office, the vacancy shall be filled in the same manner as
provided in division (B)(1) of this section. Any member who fills a
vacancy occurring prior to the end of the term for which the member's
predecessor was appointed shall, if appointed by the governor, hold
office for the remainder of such term or, if appointed by the
president of the senate or the speaker of the house of
representatives, shall hold office for the remainder of the term or
for a shorter period of time as determined by the president or the
speaker. Any member appointed by the governor shall continue in
office subsequent to the expiration date of the member's term until
the member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. A member of the commission is
eligible for reappointment. Each member of the commission appointed
by the governor, before entering upon the member's duties, shall take
an oath as provided by Section 7 of Article XV, Ohio Constitution.
The governor, the president of the senate, or the speaker of the
house of representatives, may at any time remove their respective
appointees to the commission for misfeasance, nonfeasance, or
malfeasance in office.

(3)(a)
A member of the commission who is appointed by the president of the
senate or the speaker of the house of representatives shall not
participate in any vote of the commission. Serving as an appointed
member of the commission under divisions (B)(1)(c), (1)(d), or (2) of
this section does not constitute grounds for resignation from the
senate or the house of representatives under section 101.26 of the
Revised Code.

(b)
The director of budget and management shall not participate in any
vote of the commission.

(C)
The voting members of the commission shall elect one of the voting
members as chairperson and another as vice-chairperson, and shall
appoint a secretary-treasurer who need not be a member of the
commission. Four of the voting members of the commission constitute a
quorum, and the affirmative vote of four voting members is necessary
for any action taken by the commission. No vacancy in the membership
of the commission impairs the rights of a quorum to exercise all the
rights and perform all the duties of the commission.

(D)
Each member of the commission appointed by the governor shall give a
surety bond to the commission in the penal sum of twenty-five
thousand dollars and the secretary-treasurer shall give such a bond
in at least the penal sum of fifty thousand dollars. The commission
may require any of its officers or employees to file surety bonds
including a blanket bond as provided in section 3.06 of the Revised
Code. Each such bond shall be in favor of the commission and shall be
conditioned upon the faithful performance of the duties of the
office, executed by a surety company authorized to transact business
in this state, approved by the governor, and filed in the office of
the secretary of state. The costs of the surety bonds shall be paid
or reimbursed by the commission from revenues. Each member of the
commission appointed by the governor shall receive an annual salary
of five thousand dollars, payable in monthly installments. Each
member shall be reimbursed for the member's actual expenses
necessarily incurred in the performance of the member's duties. All
costs and expenses incurred by the commission in carrying out this
chapter shall be payable solely from revenues and state taxes, and no
liability or obligation shall be incurred by the commission beyond
the extent to which revenues have been provided for pursuant to this
chapter.

Sec.
5571.01.
(A)
A board of township trustees may construct, reconstruct, resurface,
or improve any public road or part thereof under its jurisdiction, or
any county road, intercounty highway, or state highway within its
township. In the case of a county road, the plans and specifications
for the proposed improvement first shall be submitted to the board of
county commissioners of the county and receive its approval. In the
case of an intercounty or state highway, the plans and specifications
first shall be submitted to the director of transportation and
receive the director's approval. The board of township trustees may
widen, straighten, or change the direction of any part of a road in
connection with the proceedings for its improvement.

(B)
The board of township trustees may construct, improve, maintain, or
repair the berm of any road under its jurisdiction, in order to
provide a hard surface or other improved approach to rural mail boxes
located on public highways.

(C)
A board of township trustees, in conformity with the manual and
uniform system of traffic control devices adopted under section
4511.09 of the Revised Code, may erect and maintain at intersecting
roads, at least one of which is a township road, suitable signposts
showing the names and numbers of the roads. The cost of the signs
shall be paid from the township road fund.

(D)
Subject to division (F) of this section, a board of township
trustees, in conformity with the manual and uniform system of traffic
control devices adopted under section 4511.09 of the Revised Code,
may erect and maintain at intersecting roads, at least one of which
is a township road, suitable signposts showing the direction and
distance to any nearby municipal corporation. The costs of the signs
shall be paid from the township road fund.

(E)
Subject to divisions (F) and (G) of this section, a board of township
trustees may purchase or lease and erect and maintain at intersecting
roads, at least one of which is a township road, suitable traffic
control devices and
highway

traffic

control

signals.
The traffic control devices and
highway

traffic

control

signals
and their placement and maintenance shall conform with the manual and
specifications adopted under section 4511.09 of the Revised Code. In
purchasing or leasing and erecting and maintaining the traffic
control devices and
highway

traffic

control

signals,
the board may expend any moneys that are available to it that legally
may be expended for that purpose.

(F)
If one of the intersecting highways as provided in divisions (D) and
(E) of this section is a state highway, both of the following apply:

(1)
No signpost showing the direction and distance to any nearby
municipal corporation shall be placed at or near the intersection,
and no traffic control device or
highway

traffic

control

signal
shall be erected at the intersection, without prior permission of the
director as required by section 4511.10 of the Revised Code.

(2)
The department of transportation shall maintain any
highway

traffic

control

signal
erected by the board of township trustees at that intersection.

(G)
If one of the intersecting roads as provided in division (E) of this
section is a county road, a board of township trustees shall not
erect a traffic control device or
highway

traffic

control

signal
at the intersection without prior permission of the county engineer
of the county in which the intersection is located.

(H)
No contract for the construction or repair of a bridge, the entire
cost of which construction or repair exceeds fifty thousand dollars,
shall be entered into by the township unless the plans are first
approved by the director.

Sec.
5747.502.
(A)
As used in this section:

(1)

"Local
authority" and "traffic
"Traffic

law
photo-monitoring device"
have

has

the
same
meanings

meaning

as
in section 4511.092 of the Revised Code.

(2)
"School zone" has the same meaning as in section 4511.21 of
the Revised Code.

(3)
"Transportation district" means a territorial district
established by the director of transportation under section 5501.14
of the Revised Code.

(4)
"District deputy director" means the person appointed and
assigned by the director of transportation under section 5501.14 of
the Revised Code to administer the activities of a transportation
district.

(5)
"Gross amount" means the entire amount of traffic camera
fines and fees paid by a driver.

(6)
"Local government fund adjustment" or "LGF adjustment"
means the sum of:

(a)
The gross amount of all traffic camera fines collected by a local
authority during the preceding fiscal year, as reported under
division (B)(1) of this section, if such a report is required; plus

(b)
The residual adjustment computed for the local authority under
division (B)(4) of this section, if such an adjustment applies.

(7)
"Local government fund payments" or "LGF payments"
means the payments a local authority would receive under sections

5747.502
5747.503
,
5747.51, and 5747.53, and division (C) of section 5747.50 of the
Revised Code, as applicable, if not for the reductions required by
divisions (C) and (D) of this section.

(8)
"Residual adjustment" means the most recent LGF adjustment
computed for a local authority under division (B)(2) or (3) of this
section minus the sum of the reductions applied after that
computation under division (C) of this section to the local
authority's LGF payments.

(9)
"Traffic camera fines" means civil fines for any violation
of any local ordinance or resolution that are based upon evidence
recorded by a traffic law photo-monitoring device.

(10)
"Qualifying village" has the same meaning as in section
5747.503 of the Revised Code.

(11)
"Local authority" means a municipal corporation, county, or
township.

(B)(1)
Annually, on or before the thirty-first day of July, any local
authority that directly or indirectly collected traffic camera fines
during the preceding fiscal year shall file a report with the tax
commissioner that includes a detailed statement of the gross amount
of all traffic camera fines the local authority collected during that
period and the gross amount of such fines that the local authority
collected for violations that occurred within a school zone.

(2)
Annually, on or before the tenth day of August, the commissioner
shall compute a local government fund adjustment for each local
authority that files a report under division (B)(1) of this section
or with respect to which a residual adjustment applies. Subject to
division (B)(3) of this section, the LGF adjustment shall be used by
the commissioner to determine the amount of the reductions required
under division (C) of this section for each of the next twelve
months, starting with the month in which the LGF adjustment is
computed. After those twelve months, the LGF adjustment ceases to
apply and, if an LGF adjustment continues to be required, the amount
of the reductions required under division (C) of this section shall
be determined based on an updated LGF adjustment computed under this
division.

(3)
Upon receipt of a report described by division (B)(1) of this section
that is not timely filed, the commissioner shall do both of the
following:

(a)
If one or more payments to the local authority has been withheld
under division (D) of this section because of the local authority's
failure to file the report, notify the county auditor and county
treasurer of the appropriate county that the report has been received
and that, subject to division (C) of this section, payments to the
local authority from the undivided local government fund are to
resume.

(b)
Compute the local authority's LGF adjustment using the information in
the report. An LGF adjustment computed under this division shall be
used by the commissioner to determine the amount of the reductions
required under division (C) of this section starting with the next
required reduction. The LGF adjustment ceases to apply on the
thirty-first day of the ensuing July, following which, if an LGF
adjustment continues to be required, the amount of the reductions
required under division (C) of this section shall be determined based
on an updated LGF adjustment computed under division (B)(2) of this
section.

(4)
Annually, on or before the tenth day of August, the commissioner
shall compute a residual adjustment for each local authority whose
LGF adjustment for the preceding year exceeds the amount by which the
local authority's LGF payments were reduced during that year under
division (C) of this section. The residual adjustment shall be used
to compute the LGF adjustment for the ensuing year under division
(B)(2) of this section.

(C)
The commissioner shall do the following, as applicable, respecting
any local authority to which an LGF adjustment computed under
division (B) of this section applies:

(1)
If the local authority is a municipal corporation with a population
of one thousand or more, reduce payments to the municipal corporation
under division (C) of section 5747.50 of the Revised Code by
one-twelfth of the LGF adjustment. If one-twelfth of the LGF
adjustment exceeds the amount of money the municipal corporation
would otherwise receive under division (C) of section 5747.50 of the
Revised Code, the commissioner also shall reduce payments to the
appropriate county undivided local government fund under division (B)
of section 5747.50 of the Revised Code by an amount equal to the
lesser of (a) one-twelfth of the excess, or (b) the amount of the
payment the municipal corporation would otherwise receive from the
fund under section 5747.51 or 5747.53 of the Revised Code.

(2)
If the local authority is a township or qualifying village, reduce
the supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by the
lesser of one-twelfth of the LGF adjustment, or the amount of money
the township or qualifying village would otherwise receive under that
section. If one-twelfth of the LGF adjustment exceeds the amount of
money the township or qualifying village would otherwise receive
under section 5747.503 of the Revised Code, the commissioner also
shall reduce payments to the appropriate county undivided local
government fund under division (B) of section 5747.50 of the Revised
Code by an amount equal to the lesser of (a) one-twelfth of the
excess, or (b) the amount of the payment the township or qualifying
village would otherwise receive from the fund under section 5747.51
or 5747.53 of the Revised Code.

(3)
If the local authority is a county, reduce payments to the
appropriate county undivided local government fund under division (B)
of section 5747.50 of the Revised Code by an amount equal to the
lesser of (a) one-twelfth of the LGF adjustment, or (b) the amount of
the payment the county would otherwise receive from the fund under
section 5747.51 or 5747.53 of the Revised Code.

(4)
For any local authority, on or before the tenth day of each month a
reduction is made under division (C)(1), (2), or (3) of this section,
make a payment to the local authority in an amount equal to the
lesser of (a) one-twelfth of the gross amount of traffic camera fines
the local authority collected in the preceding fiscal year for
violations that occurred within a school zone, as indicated on the
report filed by the local authority pursuant to division (B)(1) of
this section, or (b) the amount by which the local authority's LGF
payments were reduced that month pursuant to division (C)(1), (2), or
(3) of this section. Payments received by a local authority under
this division shall be used by the local authority for school safety
purposes.

(D)
Upon discovery, based on information in the commissioner's
possession, that a local authority required to file a report under
division (B)(1) of this section has failed to do so, the commissioner
shall do the following, as applicable:

(1)
If the local authority is a municipal corporation with a population
of one thousand or more, cease providing for payments to the
municipal corporation under section 5747.50 of the Revised Code
beginning with the next required payment and until such time as the
report is received by the commissioner;

(2)
If the local authority is a township or qualifying village, reduce
the supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by an
amount equal to the amount of such payments the local authority would
otherwise receive under that section, beginning with the next
required payment and until such time as the report is received by the
commissioner;

(3)
For any local authority, reduce payments to the appropriate county
undivided local government fund under division (B) of section 5747.50
of the Revised Code by an amount equal to the amount of such payments
the local authority would otherwise receive under section 5747.51 or
5747.53 of the Revised Code, beginning with the next required payment
and until such time as the report is received by the commissioner;

(4)
For any local authority, notify the county auditor and county
treasurer that such payments are to cease until the commissioner
notifies the auditor and treasurer under division (E) of this section
that the payments are to resume.

(E)
The commissioner shall notify the county auditor and county treasurer
on or before the day the commissioner first reduces a county
undivided local government fund payment to that county under division
(C) of this section. The notice shall include the full amount of the
reduction, a list of the local authorities to which the reduction
applies, and the amount of reduction attributed to each such local
authority. The commissioner shall send an updated notice to the
county auditor and county treasurer any time the amount the reduction
attributed to any local authority changes.

A
county treasurer that receives a notice from the commissioner under
this division or division (B)(3)(a) or (D)(4) of this section shall
reduce, cease, or resume payments from the undivided local government
fund to the local authority that is the subject of the notice as
specified by the commissioner in the notice. Unless otherwise
specified in the notice, the payments shall be reduced, ceased, or
resumed beginning with the next required payment.

(F)
There is hereby created in the state treasury the Ohio highway and
transportation safety fund. On or before the tenth day of each month,
the commissioner shall deposit in the fund an amount equal to the
total amount by which payments to local authorities were reduced or
ceased under division (C) or (D) of this section minus the total
amount of payments made under division (C)(4) of this section. The
amount deposited with respect to a local authority shall be credited
to an account to be created in the fund for the transportation
district in which that local authority is located. If the local
authority is located within more than one transportation district,
the amount credited to the account of each such transportation
district shall be prorated on the basis of the number of centerline
miles of public roads and highways in both the local authority and
the respective districts. Amounts credited to a transportation
district's account shall be used by the department of transportation
and the district deputy director exclusively to enhance public safety
on public roads and highways within that transportation district.

Section
101.02.
That
existing sections
101.27,

117.12,
154.01
,
306.30, 306.35
,
306.43, 717.02, 1548.061
,
2935.03
,
3503.11, 3704.14, 4501.01, 4503.10, 4503.102, 4503.103
,
4503.21
,
4505.08, 4506.01, 4506.09, 4506.11, 4507.01, 4507.061, 4507.13,
4507.21, 4507.52, 4508.02, 4511.01
,
4511.031
,
4511.09, 4511.091, 4511.092, 4511.093, 4511.094, 4511.11, 4511.13,
4511.131, 4511.132, 4511.18, 4511.204
,
4511.21
,
4511.211, 4511.214, 4511.432, 4511.46, 4511.48, 4511.512, 4511.61,
4511.62, 4511.64, 4511.65, 4511.68, 4511.701, 4511.712, 4511.76,
4513.071, 4513.38, 4513.41, 4517.02, 4517.24, 4519.401, 4955.50,
4955.51, 5501.20
,
5501.41
,
5501.441, 5512.07, 5513.01
,
5515.01, 5515.02, 5515.99
,
5517.02, 5517.021, 5521.01, 5525.03, 5525.04, 5525.08, 5525.14,
5525.16, 5537.02, 5571.01, and 5747.502 of the Revised Code are
hereby repealed.

Section
105.01.
That
sections 4506.072, 4507.021, 4507.063, 4507.511, 4511.351, 4511.491
,
and 5501.60

of the Revised Code are 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 2026 and the amounts in the second column
are for fiscal year 2027.

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

$5,750,500

$5,750,500

D

2120

772427

Highway
Infrastructure Bank - State

$15,099,500

$15,099,500

E

2130

772431

Roadway
Infrastructure Bank - State

$3,750,000

$3,750,000

F

2130

777477

Aviation
Infrastructure Bank - State

$2,400,000

$2,400,000

G

5XI0

772504

Ohio
Highway Transportation Safety

$13,500,000

$7,000,000

H

7002

770003

Transportation
Facilities Lease Rental Bond Payments

$23,000,000

$23,000,000

I

7002

771411

Planning
and Research - State

$34,583,813

$35,352,350

J

7002

771412

Planning
and Research - Federal

$57,095,074

$57,095,074

K

7002

772421

Highway
Construction - State

$1,166,495,043

$849,676,092

L

7002

772422

Highway
Construction - Federal

$1,950,000,000

$1,950,000,000

M

7002

772424

Highway
Construction - Other

$83,500,000

$83,500,000

N

7002

772437

Major
New State Infrastructure Bond Debt Service - State

$18,500,000

$18,500,000

O

7002

772438

Major
New State Infrastructure Bond Debt Service - Federal

$132,500,000

$132,500,000

P

7002

773431

Highway
Maintenance - State

$701,557,065

$681,557,065

Q

7002

775452

Public
Transportation - Federal

$63,120,485

$63,276,002

R

7002

775454

Public
Transportation - Other

$3,570,000

$3,570,000

S

7002

776462

Grade
Crossings - Federal

$14,068,961

$14,068,961

T

7002

777472

Airport
Improvements - Federal

$405,000

$405,000

U

7002

777475

Aviation
Administration

$6,973,124

$7,106,246

V

7002

779491

Administration
- State

$118,136,702

$120,735,709

W

Highway
Operating Fund Group Total

$4,414,005,267

$4,074,342,499

X

Dedicated
Purpose Fund Group

Y

4N40

776664

Rail
Transportation - Other

$2,210,047

$2,237,389

Z

5W90

777615

County
Airport Maintenance

$620,000

$620,000

AA

Dedicated
Purpose Fund Group Total

$2,830,047

$2,857,389

AB

Capital
Projects Fund Group

AC

7042

772723

Highway
Construction - Bonds

$210,000,000

$210,000,000

AD

7045

772428

Highway
Infrastructure Bank - Bonds

$210,000,000

$210,000,000

AE

Capital
Projects Fund Group Total

$420,000,000

$420,000,000

AF

TOTAL
ALL BUDGET FUND GROUPS

$4,836,835,314

$4,497,199,888

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, 2025, through June 30, 2027, 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, 2027, the balance may be transferred to appropriation item
772421, Highway Construction – State, or 773431, Highway
Maintenance – 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
203.25.
PLANNING
AND RESEARCH - STATE

Of
the foregoing appropriation item 771411, Planning and Research -
State, up to $1,500,000 in FY 2026 shall be used to conduct a
feasibility study for the creation of an Interstate Route 73 corridor
connecting the municipal corporation of Toledo to the municipal
corporation of Chesapeake in accordance with Section 755.50 of this
act.

Of
the foregoing appropriation item 771411, Planning and Research -
State, up to $500,000 in fiscal year 2026 shall be used to conduct a
study of the Department's pavement-selection process in accordance
with Section 755.20 of this act.

Of
the foregoing appropriation item 771411, Planning and Research -
State, up to $500,000 in FY 2026 shall be used by the Department of
Transportation and Ohio Turnpike and Infrastructure Commission to
establish a joint plan regarding the feasibility of connecting U.S.
Route 23 to Interstate Route 71 in accordance with Section 755.60 of
this act.

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, 2027, 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)
Notwithstanding section 5511.06 of the Revised Code, of the foregoing
appropriation item 772421, Highway Construction - State, $500,000 in
each fiscal year shall be used for the construction, reconstruction,
or maintenance of park drives or park roads within the boundaries of
state parks and wildlife areas greater than 10,000 contiguous acres
that were purchased in a single, or series, of transactions, and
$500,000 in each fiscal year shall be used for construction,
reconstruction, or maintenance of drives and roads leading to such
state parks and wildlife areas.

(D)
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, $9,000,000 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.

(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
203.43.
HIGHWAY
CONSTRUCTION - FEDERAL

Of
the foregoing appropriation item 772422, Highway Construction -
Federal, $33,000,000 in each fiscal year shall be used to support
public transportation statewide through the Federal Highway
Administration (FHWA) flexible funding program.

WORKFORCE
MOBILITY PARTNERSHIP PROGRAM

Of
the foregoing appropriation item 772422, Highway Construction -
Federal, $13,500,000 in each fiscal year shall be used to administer
the Ohio Workforce Mobility Partnership Program.

Section
203.45.
REGIONAL
TRANSPORTATION PLANNING ORGANIZATIONS

Of
the foregoing appropriation item 772422, Highway Construction -
Federal, $3,000,000 in each fiscal year shall be used by Regional
Transportation Planning Organizations to conduct a rural
transportation planning grant program.

Section
203.47.
BRENT
SPENCE BRIDGE CORRIDOR PROJECT

All
spending related to the Brent Spence Bridge Corridor Project shall be
documented in the Ohio Administrative Knowledge System (OAKS) and
made visible in the Ohio State and Local Government Expenditure
Database pursuant to section 113.71 of the Revised Code.

Section
203.49.
RAIL
SAFETY CROSSING MATCH

An
amount equal to the unexpended, unencumbered balance of appropriation
item 776505, Rail Safety Crossing Match, at the end of fiscal year
2025 is hereby reappropriated for the same purpose in fiscal year
2026.

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
$238,500,000 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
approve transfers between 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, 772603, 772604,
772605, 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 777472), 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, 2027. It also is intended to allow the Department to adjust
to circumstances affecting the obligation and expenditure of federal
funds.

(B)
TRANSFERS OF FEDERAL AND LOCAL FUNDED APPROPRIATIONS: HIGHWAY,
PLANNING, TRANSIT, RAIL, AND AVIATION

The
Director of Transportation may request the Controlling Board to
approve 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.

(C)
TRANSFERS OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE BANK

The
Director of Transportation may request the Controlling Board to
approve 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 2026 and 2027.

The
Director of Transportation may request the Controlling Board to
approve 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.

(D)
TRANSFERS OF APPROPRIATIONS AND CASH: TOLLING FUNDS

The
Director of Transportation may request the Controlling Board to
approve 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 2026 and 2027.

(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 approve
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 approved 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 approve 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
approved 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, and subject to
Controlling Board approval, 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,
2027, 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 approve 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
approved 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.

(J)
ELECTRIC VEHICLE EXPENDITURES

The
Director of Transportation shall request Controlling Board approval
for any expenditure of funds received under the federal
"Infrastructure Investment and Jobs Act," Pub. L. No.
117-58, that are to be used for the construction or maintenance of
electric vehicle charging stations. Any such expenditures approved by
the Controlling Board are hereby appropriated.

Section
203.65.
REAPPROPRIATIONS

In
each year of the biennium ending June 30, 2027, the Director of
Budget and Management may request the Controlling Board to approve
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 approved 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
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

Dedicated
Purpose Fund Group Total

$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

$324,768

$330,375

D

7052

150701

Local
Transportation Improvement Program

$62,000,000

$67,000,000

E

Dedicated
Purpose Fund Group Total

$62,324,768

$67,330,375

F

TOTAL
ALL BUDGET FUND GROUPS

$62,324,768

$67,330,375

Section
209.20.
REAPPROPRIATIONS

All
capital appropriations from the Local Transportation Improvement
Program Fund (Fund 7052) in H.B. 23 of the 135th General Assembly
remaining unencumbered as of June 30, 2025, may be reappropriated for
use during the period July 1, 2025, through June 30, 2026, 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, 2026, are reappropriated for use during
the period July 1, 2026, through June 30, 2027, 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 Budget and
Management may 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 within thirty days of the transfer.

Section
221.10.

1

2

3

4

5

A

RDF
STATE REVENUE DISTRIBUTIONS

B

Revenue
Distribution Fund Group

C

7060

110652

Gasoline
Excise Tax Fund - Municipal

$413,400,000

$421,900,000

D

7060

110653

Gasoline
Excise Tax Fund - Township

$214,000,000

$218,400,000

E

7060

110654

Gasoline
Excise Tax Fund - County

$359,800,000

$367,200,000

F

TOTAL
Revenue Distribution Fund Group

$987,200,000

$1,007,500,000

G

TOTAL
ALL BUDGET FUND GROUPS

$987,200,000

$1,007,500,000

The
foregoing appropriation item, 110652 Gasoline Excise Tax Fund -
Municipal, shall be used to make payments to municipalities under
sections 5735.051 and 5735.27 of the Revised Code. The foregoing
appropriation item, 110653 Gasoline Excise Tax Fund - Township, shall
be used to make payments to townships under those sections. The
foregoing appropriation item, 110654 Gasoline Excise Tax Fund –
County, shall be used to make payments to counties under those
sections. The foregoing appropriation item, 110654 Gasoline Excise
Tax Fund - County, shall also be used to make payments to the Ohio
Turnpike and Infrastructure Commission under section 5735.051 of the
Revised Code.

Appropriation
items in Section 221.10 of this act shall be used for the purpose of
administering and distributing the designated revenue distribution
fund according to the Revised Code. If it is determined that
additional appropriations are necessary for this purpose, such
amounts are hereby appropriated.

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,
2025, to June 30, 2027, pursuant to the lease and other agreements
relating to bonds or notes issued under Section 2i of Article VIII of
the Ohio Constitution and Chapter 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
511.10.
The
Indian Lake Advocacy Group shall not spend any funds granted to it
from the One Time Strategic Community Investments Fund (Fund 5AY1)
unless the expenditures directly benefit the current needs of Indian
Lake water quality, infestations, dredging, or creation of enhanced
waterways and erosion control. Beginning on the effective date of
this section, the Group shall apply for and receive approval from the
Ohio Department of Natural Resources prior to making any expenditures
of granted funds.

Section
620.10.
That
Section 755.20 of H.B. 23 of the 135th General Assembly be amended to
read as follows:

Sec.
755.20.
(A)
As used in this section:

(1)
"Economically significant employment center" means a single
site, multiple adjoining sites, or a business park where the
employers located at the site or park employ not less than two
hundred fifty full-time employees who work onsite.

(2)
"Rural or urban transit authorities" means regional transit
authorities that are established pursuant to sections 306.30 to
306.53 of the Revised Code and that serve either a rural population,
an urban population, or both populations.

(B)

There
is hereby established the
The

Ohio
Workforce Mobility Partnership Program

is continued for fiscal years 2026 and 2027
.
The Department of Transportation shall administer the Program. Under
the Program, one or more boards of trustees of rural or urban transit
authorities may either singularly or jointly apply for competitive
grant funding for individual or collaborative projects. All grant
funding shall be spent in accordance with division (C) of this
section.

(C)
Any boards of trustees awarded grants under this section shall use
the grant funding for purposes of transporting resident workforce
members between the service territories of the joint rural or urban
transit authorities. The boards shall also use the grant money to
focus on transportation that supports the employment needs of
economically significant employment centers located within or near
the service territories of the rural or urban transit authorities.
Such support shall include efforts to easily, efficiently, and
economically transport a resident workforce that either lives within
a service territory that has little or no public transit service to
an employment center or lives within one service territory but is
employed full-time within another service territory.

(D)
The Director of Transportation shall establish any procedures and
requirements necessary to administer this section, including grant
application, evaluation of applications, and award processes, and any
conditions for the expenditure of grant funding awarded under the
Program.

(E)
This section expires two years after its effective date.

Section
620.11.
That
existing Section 755.20 of H.B. 23 of the 135th General Assembly is
hereby repealed.

Section
620.30.
That
Sections
200.20,
200.30 (as amended by S.B. 54 of the 135th General Assembly),
243.10
,

and 243.20 of H.B. 2 of the 135th General Assembly be amended to read
as follows:

Sec.
200.20.

1

2

3

4

5

A

OBM
OFFICE OF BUDGET AND MANAGEMENT

B

Dedicated
Purpose Fund Group

C

5AY1

042509

One
Time Strategic Community Investments

$0

$717,800,000

$714,300,000

D

TOTAL
DPF Dedicated Purpose Fund Group

$0

$717,800,000

$714,300,000

E

TOTAL
ALL BUDGET FUND GROUPS

$0

$717,800,000

$714,300,000

Sec.
200.30.
ONE
TIME STRATEGIC COMMUNITY INVESTMENTS

On
June 28, 2024, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $17,800,000 cash from the
General Revenue Fund to the One Time Strategic Community Investments
Fund (Fund 5AY1).

The
foregoing appropriation item 042509, One Time Strategic Community
Investments, shall be used by the Office of Budget and Management to
provide grants for the projects listed in this section in the amounts
listed. Prior to disbursing a grant to a recipient, the Office of
Budget and Management shall enter into a grant agreement with the
recipient. As part of the grant agreement, the recipient shall agree
to complete a final report, in a form and manner to be prescribed by
the Office of Budget and Management, detailing how the recipient used
the grant and submit the report to the Office of Budget and
Management.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 042509, One Time Strategic Community Investments,
at the end of fiscal year 2025 is hereby reappropriated for the same
purpose in fiscal year 2026.

1

2

A

Project

Amount

B

Adams
County Fairgrounds Improvements

$400,000

C

Adams
County Welcome Center

$350,000

D

Adams
County Community Foundation

$200,000

E

West
Union Wastewater Plant Improvements

$200,000

F

Lima
Veterans Memorial Hall Improvements

$10,000,000

G

Allen
County Airport Fuel Farm

$1,000,000

H

Rhodes
State Advanced Manufacturing Equipment and Lab

$440,000

I

Allen
County Child Support Enforcement Agency Facility

$375,000

J

Heir
Force Community School Land Acquisition

$250,000

K

Temple
Christian School Building Expansion

$250,000

L

Boys
and Girls Club of Lima

$100,000

M

Ashland
County Fair

$1,100,000

N

Cinnamon
Lake Sewer District Lift Station

$1,000,000

O

Charles
Mill Marina Houseboat and Path Renovation

$910,000

P

Hugo
Young Theatre

$248,554

Q

Davy
McClure Outdoor Education Shelter

$200,000

R

Ashland
County Fire Training Facility

$200,000

S

Hickory
Street Sanitary Sewer Lift Station

$76,000

T

Rowsburg
Community Center

$30,000

U

Hayesville
Pedestrian Walkway

$25,000

V

SPIRE
Institute

$1,000,000

W

Ashtabula
Juvenile Court Improvements

$800,000

X

Boys
and Girls Club of Ashtabula

$132,274

Y

Country
Neighbor Program

$101,600

Z

VFW
Roof Repairs Geneva Post 6846

$99,037

AA

Ashtabula
Arts Center Restroom Project

$45,000

AB

Athens
Regional Training Center

$2,500,000

AC

The
Appalachian Center for Economic Networks Food Sector Accelerator
Project

$700,000

AD

Nelsonville-York
Elementary School (NYES) Playground Renovation

$250,000

AE

York
Township VFD Project

$250,000

AF

City
of Nelsonville Dog Park

$139,731

AG

Boys
and Girls Club of Athens

$100,000

AH

Buchtel
Village Park Project

$100,000

AI

Edna
Brooks Domestic Violence Shelter

$36,800

AJ

Village
of Waynesfield Veteran’s Park Enhancement

$352,950

AK

Saint
Mary's Reservoir Mill

$250,000

AL

New
Bremen Public Library Renovation

$200,000

AM

YMCA
Auglaize-Mercer Recreation Complex

$200,000

AN

Barton
VFD Station

$1,000,000

AO

Belmont
Volunteer Fire Department New Station

$1,000,000

AP

The
Sargus Center Revitalization and Sustainability Initiative

$500,000

AQ

Mead
Township Hall and Garage Project

$300,000

AR

VFW
Roof Repairs Powhatan Point Post 5565

$24,900

AS

Future
Plans Sanctuary

$3,000,000

AT

Brown
County Junior Fair Covered Horse Arena

$400,000

AU

Water
Infrastructure Bramel Mobile Home Park

$400,000

AV

Millikin
Interchange Improvements

$8,500,000

AW

Madison
Township Firehouse Improvements

$1,750,000

AX

BCRTA
Outdoor Workforce Training

$1,000,000

AY

Riversedge
Amphitheater Expansion

$1,000,000

AZ

Shuler
Benninghofen Mixed-Use Project

$1,000,000

BA

VOA
MetroPark Museum Grand Entrance

$1,000,000

BB

Oxford
Student Safety Project

$800,000

BC

Liberty
Playground Replacement Project

$500,000

BD

Madison
Township Park Revitalization

$500,000

BE

Welding
Lab Program Expansion in Fairfield Township

$450,000

BF

Monroe
Plaza South Project

$400,000

BG

Hamilton
YWCA Domestic Violence Project

$400,000

BH

World
Class Clubs: Repairing Community Gymnasium

$225,000

BI

Boys
and Girls Club of West Chester/Liberty

$218,796

BJ

VFW
Roof Repairs West Chester Post 7696

$15,560

BK

Carroll
County Annex Building Rehab

$500,000

BL

Seven
Ranges Scout Reservation Facility Upgrades

$500,000

BM

Dellroy
Village Storm Drain and Street Repair

$250,000

BN

Carroll
County Agricultural Service Center

$200,000

BO

Minerva
Downtown Revitalization Project

$200,000

BP

Dellroy
Village Offices/Garage Renovations

$195,250

BQ

Champaign
Aviation Museum Improvements

$20,000

BR

Champion
City Sports and Wellness Center

$4,000,000

BS

A.B.
Graham Memorial

$750,000

BT

Champion
Center Arena Improvements

$250,000

BU

Goshen
Fire Department Station 18 Rebuild

$2,500,000

BV

Felicity
Veterans Village Housing Project

$1,000,000

BW

Milford
Five Points Landing

$400,000

BX

Union
Township Community Splash Pad

$268,125

BY

Nisbet
Park Amphitheater

$250,000

BZ

Moscow
Ohio River Stabilization, Phase III

$240,000

CA

Williamsburg
Township Emergency Services Upgrades

$150,000

CB

Owensville
Historical Society Museum

$132,000

CC

Williamsburg
Community Park Trail Extension

$86,770

CD

VFW
Roof Repairs Loveland Post 5354

$28,505

CE

VFW
Roof Repairs New Richmond Post 6770

$20,894

CF

Boys
and Girls Club of Clermont

$18,921

CG

Wilmington
Runway Reopening and Improvements

$3,500,000

CH

Doan-Walnut-Short
Street Water Main

$500,000

CI

Columbiana
County Annex/Drug Task Force Building

$2,900,000

CJ

Utica
Shale Academy Improvements

$2,500,000

CK

East
Palestine Village Safety Complex

$1,000,000

CL

Hanover
Township Fire and Emergency Medical Services Expansion Initiative

$250,000

CM

Lepper
Restoration Project

$175,000

CN

City
of Coshocton Fire Training Tower

$1,000,000

CO

Coshocton
Skip’s Landing and Downtown Revitalization

$750,000

CP

City
of Coshocton Roscoe Cemetery Improvements

$460,000

CQ

City
of Coshocton Pickleball Court Upgrades

$300,000

CR

City
of Coshocton Water Plant Electrical Upgrades

$300,000

CS

City
of Coshocton Town Hall Roof Project

$240,000

CT

City
of Coshocton Emergency Generator Project

$200,000

CU

Coshocton
County Library Masonry Project

$48,000

CV

Maplecrest
Community Center

$500,000

CW

The
Galion Depot Canopy Restoration Project

$200,000

CX

The
New Washington Veteran’s Memorial Park Project

$34,460

CY

Cuyahoga
County Northcoast Connector

$20,000,000

CZ

Bedrock
Riverfront Development

$8,000,000

DA

Rock
and Roll Hall of Fame Museum Expansion and Renovation Project

$7,000,000

DB

Cleveland
Port Bulk Terminal Modernization

$5,000,000

DC

Flats
River Development

$3,500,000

DD

West
Side Market in Cleveland

$2,400,000

DE

Cahoon
Park

$2,000,000

DF

Cleveland
Zoo Primate Forest

$2,000,000

DG

Irishtown
Bend Park

$2,000,000

DH

Valor
Acres Brecksville Veterans Affairs Hospital Site Redevelopment

$2,000,000

DI

Blue
Abyss

$1,800,000

DJ

Two
Foundation Building Purchase and Renovation

$1,625,000

DK

Park
Synagogue

$1,500,000

DL

The
Music Settlement – Gries House Redevelopment

$1,500,000

DM

Brook
Park Community Center Restoration

$1,000,000

DN

Cleveland
Women’s Soccer Stadium

$1,000,000

DO

Electric
Building Renovation

$1,000,000

DP

Independence
Selig Drive Emergency Access

$1,000,000

DQ

Shaker
Heights Doan Brook Park

$1,000,000

DR

YMCA
of Greater Cleveland – New Facility Construction

$1,000,000

DS

Argonaut
Project - Advancing Aviation and Maritime Pipeline

$800,000

DT

Birthing
Beautiful Communities Birth Center

$800,000

DU

Connecting
the Circle

$800,000

DV

Glenville
YMCA

$800,000

DW

Saint
Edwards High School Sustainable Urban Agriculture

$800,000

DX

Cleveland
Public Square Improvements

$750,000

DY

University
Heights Municipal Sewer Project

$700,000

DZ

University
Hospitals Breast Center - Parma

$700,000

EA

Cleveland
Habitat Building Project

$507,500

EB

Cleveland
Airport NEOFIX

$500,000

EC

Euclid
Public Library Green Branch Improvements

$500,000

ED

Hospice
of the Western Reserve Center for Community Engagement and Hospice
Care

$500,000

EE

JumpStart
Northern Ohio Operations

$500,000

EF

Ohio
Aerospace Institute Sensitive Information Research Facility

$500,000

EG

Rocky
River Fire Station Improvements

$500,000

EH

Saint
Casimir Parish Improvements

$500,000

EI

Seven
Hills Fire Department

$500,000

EJ

Vocational
Guidance Services Renovation Cleveland Facility

$500,000

EK

YWCA
of Greater Cleveland

$500,000

EL

Boys
and Girls Club of Broadway in Cuyahoga County

$485,005

EM

Maltz
Museum of Jewish Heritage

$480,000

EN

Richmond
Heights Salt Bin

$450,000

EO

Magnolia
Clubhouse

$400,000

EP

Middleburg
Heights Central Park Phase 1

$400,000

EQ

Cleveland
Institute of Art - Interactive Media Lab

$365,000

ER

Greenstone
Lifeline Connection Improvements

$327,867

ES

Chagrin
Valley Volunteer Fire Station

$300,000

ET

Berea
City Hall and Police Station Upgrades

$250,000

EU

Jenning's
Center for Older Adults

$250,000

EV

Journey
Center for Safety and Healing/Domestic Violence Shelter

$200,000

EW

Lyndhurst
Community Center Audio Visual Project

$200,000

EX

MetroHealth
Emergency Department Refresh

$200,000

EY

Northeast
Ohio Music Arts Development Hub

$200,000

EZ

Olmsted
Falls Visibility Project

$200,000

FA

Camp
Cheerful Reimagined

$175,000

FB

VFW
Roof Repairs Solon Post 1863

$88,787

FC

VFW
Roof Repairs Parma Post 1974

$28,633

FD

VFW
Roof Repairs Cleveland Post 2533

$17,208

FE

Western
Ohio Regional Fire Training Facility

$750,000

FF

Eldora
Speedway Public Safety Upgrades

$400,000

FG

Historic
Bear’s Mill Infrastructure Restoration

$275,000

FH

The
Darke County Fish and Game Association

$120,000

FI

Ney/Washington
Township Fire Department Building

$300,000

FJ

Veterans
Memorial Park at Latty’s Grove Rehabilitation Project

$200,000

FK

Little
Brown Jug Grandstand Renovation

$2,500,000

FL

Sunbury
Ohio-to-Erie Trail Expansion

$1,250,000

FM

Boardman
Arts Park Improvements Whimsy Venue

$1,000,000

FN

Stockhands
Horses for Healing, Capital Improvement Project

$908,000

FO

Dempsey
Wildlife and Education Renovation

$600,000

FP

Delaware
County Bicentennial Barn Renovation

$500,000

FQ

Powell
Adventure Park Expansion

$480,000

FR

"Smuirfield"
Golf Project

$225,000

FS

Ohio
Fallen Heroes Memorial

$70,000

FT

VFW
Roof Repairs Sunbury Post 8736

$58,440

FU

Worenstaff
Memorial Public Library Renovation

$34,000

FV

The
Landing in Erie County

$3,000,000

FW

Battery
Park Coastal Improvements

$1,000,000

FX

NW
Ohio Water Quality Improvements/Cold Creek Foundation

$800,000

FY

Camp
Timberlane Infrastructure Improvements

$600,000

FZ

Kelley's
Island East Lakeshore Shoreline Protection

$400,000

GA

Erie
County Fairgrounds Infrastructure Improvements

$250,000

GB

Erie
County Jail Surveillance Upgrades

$200,000

GC

Huron
Boat Basin and Amphitheater Capital Improvement Project

$200,000

GD

Sawmill
Creek Wastewater Treatment Plant Expansion

$200,000

GE

Violet
Township Event Center

$2,100,000

GF

Gateway
Mixed Use District

$2,000,000

GG

Government
Services Building Acquisition and Renovation

$2,000,000

GH

Wendel
Pool Dehumidification System Replacement

$550,000

GI

Walnut
Township Flood Mitigation

$500,000

GJ

Pickerington
Covered Bridge Rehabilitation

$350,000

GK

Pickerington
Connects

$234,410

GL

Elmwood
Playground

$225,000

GM

Expanding
Horizons – Meals on Wheels Senior Services Center

$200,000

GN

Historic
Lancaster Bell and Clock Tower

$150,000

GO

Sycamore
Creek Park Pond Restoration

$125,000

GP

Wagnalls
Memorial Window Project

$50,000

GQ

American
Legion Post 283 Improvements

$20,000

GR

Rushville
Union Lions Club Accessible Parking

$5,500

GS

Jeffersonville
Rattlesnake Water System Improvements

$1,000,000

GT

Wayne
Township Firehouse Community Shelter

$175,000

GU

The
Ohio Center for Advanced Technologies

$20,000,000

GV

Columbus
Symphony Orchestra – Music for All

$18,500,000

GW

Downtown
Columbus Capital Line

$10,000,000

GX

Heritage
Trail Expansion

$8,000,000

GY

John
Glenn International Airport Improvements

$7,500,000

GZ

OP
Chaney Grain Elevator Restoration

$2,800,000

HA

Downtown
Security Command Center

$1,500,000

HB

Unverferth
House Revitalization and Expansion Campaign

$1,500,000

HC

Historic
Dublin Riverfront Revitalization

$1,230,000

HD

Heartland
Music Incubator

$1,000,000

HE

Norwich
Township Fire Department Station 84

$1,000,000

HF

Westland
Mall Renovations

$1,000,000

HG

Hilliard
First Responders Park

$800,500

HH

Green
Lawn Cemetery Chapel

$750,000

HI

Heinzerling
Facility Improvements

$750,000

HJ

Whitehall
Police Department Emergency Facility

$605,220

HK

Knoll
View Place

$600,000

HL

Tolles
Cybersecurity Lab Renovation

$600,000

HM

Edison
Welding Institute Renovations

$500,000

HN

Elevate
Northland

$500,000

HO

LifeTown
Kindness Center

$500,000

HP

National
Center for Urban Solutions Facility

$500,000

HQ

Scioto
Rise Place

$500,000

HR

Dublin
Brand Road Pedestrian Tunnel Flood Mitigation

$468,000

HS

OZEM
Gardner House Rehabilitation

$375,000

HT

Somali
Community Link Center

$350,000

HU

The
Refuge

$250,000

HV

Grandview
Heights Fire EMS Police Facility

$200,000

HW

Grandview
Heights McKinley Field Park

$200,000

HX

Tawnya
Salyer Memorial Statue

$200,000

HY

Columbus
Urban League Career Connect Hub

$150,000

HZ

Boys
and Girls Club of J. Ashburn

$138,585

IA

VFW
Roof Repairs Reynoldsburg Post 9473

$32,695

IB

Building
the Future of 4-H Camp Palmer

$1,825,000

IC

Community
Event and Recreational Facility Renovation in Wauseon

$500,000

ID

Fulton
County Fairgrounds Arts and Craft Building

$80,000

IE

Gallia
County Council on Aging New Facility

$2,500,000

IF

Reservoir
Enhancement Project

$2,250,000

IG

Gallia
County Sheriff Office Renovation

$225,000

IH

Hambden
Fire Station Project

$2,000,000

II

Montville
Fire Station Construction

$1,250,000

IJ

Chardon
Fire Department Equipment Project

$1,000,000

IK

Burton
Berkshire Local Schools Career Pathways Program

$915,037

IL

Geauga
County Fair

$500,000

IM

Russell
Township Community Building

$370,905

IN

Chester
Township Police Department Building Renovation

$348,875

IO

Chardon
Memorial Stadium Restroom and Concession Project

$250,000

IP

Geauga
County Safety Center Parking Lot

$250,000

IQ

Salt
Dome Structural Repairs

$155,000

IR

St.
Mary School Playground Enhancements

$4,000

IS

Cedarville
Opera House

$12,000,000

IT

Clifton
Union School Improvements

$3,900,000

IU

Future
Development of Wright-Patterson

$3,500,000

IV

Clifton
Opera House

$1,900,000

IW

Skyway
SCIF Center

$1,000,000

IX

Spring
House Park: Phase One

$1,000,000

IY

WSU:
Archive Facility Upgrades

$500,000

IZ

OhioMeansJobs
Greene County Improving Accessibility Project

$175,000

JA

Ohio
Veterans’ Children’s Home Expansion and Upgrade, Phase 1

$150,000

JB

Cambridge
YMCA

$3,000,000

JC

Route
40 East Sewer Extension

$1,000,000

JD

Cambridge
Fire Department Renovations

$560,000

JE

Old
Washington Community VFD Station

$250,000

JF

Hamilton
County Convention Center District Development

$46,000,000

JG

University
of Cincinnati Health

$16,750,000

JH

Xavier
University College of Osteopathic Medicine

$9,750,000

JI

Riverbend
2.0

$8,000,000

JJ

Blue
Line Foundation HQ and Regional Training Center

$1,000,000

JK

605
Plum Convention Center Garage Renovation

$945,771

JL

Boys
and Girls Club of Taft

$300,978

JM

Boys
and Girls Club of East Hamilton

$194,722

JN

Boys
and Girls Club of Sheakley

$58,529

JO

Findlay
YMCA

$1,250,000

JP

Hancock
County Fair

$500,000

JQ

Hancock
County Park District

$250,000

JR

Owens
State Community College CDL Facilities

$250,000

JS

Ada
War Memorial Park

$500,000

JT

Hardin
County Fair

$500,000

JU

Kenton
Fire Department

$500,000

JV

Ohio
Northern University HealthWise Mobile Health Clinic

$500,000

JW

Pump
House Funding – Rodney Hensel

$200,000

JX

Hardin
County Veterans Memorial Park District

$50,000

JY

Alger
Baseball Field

$40,000

JZ

Harrison
County Fairground Replacement and Enhancement

$720,000

KA

Regional
Safety Center at Tappan Lake

$650,000

KB

Jewett
Fire and Emergency Equipment Storage Building

$325,000

KC

Village
of Bowerston VFD

$205,000

KD

Village
of Bowerston Maintenance Building

$100,000

KE

Napoleon
Public Library Improvements

$1,000,000

KF

The
Henry County Community Event Center Office Addition

$1,000,000

KG

Corn
City Regional Fire District New Fire Station

$500,000

KH

Napoleon
Water Tower Upgrades

$135,000

KI

Core
Networking Equipment at The Center for Child and Family Advocacy
(CCFA) in Henry County

$72,000

KJ

Malinta
Community Historical Society Site Project

$45,000

KK

Highland
County Engineer Truck Barn

$1,000,000

KL

Camp
Wyandot Historic Camper Cabin Project

$50,000

KM

Union
Furnace / Starr Township Improvements

$35,000

KN

Agricultural
Society Millersburg Expo

$750,000

KO

Safe
Harbor Ohio

$500,000

KP

Winesburg
Park Improvements

$250,000

KQ

West
Holmes Local Schools Robotics Program

$22,000

KR

Norwalk
Theater Restoration

$2,000,000

KS

Norwalk
Public Library Rehab

$400,000

KT

Feichtner
Memorial Building Improvements

$250,000

KU

Huron
County Transfer Station Scale Replacement

$202,000

KV

Jackson
County Memorial Building Renovation

$2,500,000

KW

City
of Jackson Park and Trail Revitalization

$1,000,000

KX

Jackson
County Courthouse Building and Grounds Renovation

$600,000

KY

Blamer
Park Renovation

$392,038

KZ

Wellston
Food Pantry Turn-Key Renovation

$200,000

LA

Wellston
Fire Department Training Academy

$175,000

LB

Jefferson
County Agricultural Society Small Animal Barn

$35,000

LC

Mount
Vernon Police Station

$2,000,000

LD

Fredericktown
Water Infrastructure Improvements

$750,000

LE

Family
Fun Grounds in Knox County

$125,000

LF

Willoughby
Osborne Park Shoreline Protection

$2,000,000

LG

Uptown
Mentor Revitalization

$1,500,000

LH

ISTEM
Painesville Township Haden Facility and Crowns Project

$1,000,000

LI

Mentor
Fire Station

$1,000,000

LJ

University
Hospitals TriPoint Breast Center - Painesville

$938,750

LK

Concord
Township Waterline Extension Project

$500,000

LL

Lake
Erie College Center for Health Sciences

$500,000

LM

Lake
Metro Parks Lakefront Trail

$500,000

LN

Kirtland
Public Library Roof Project

$340,625

LO

Mentor
on the Lake – Lake Overlook

$300,000

LP

Rabbit
Run Theater Improvements

$100,000

LQ

VFW
Roof Repairs Mentor Post 9295

$35,478

LR

Resources
for Restoring Lives and Providing Safety and Security

$15,328

LS

Wayne
National Forest Welcome Center

$5,000,000

LT

Coal
Grove Village Riverfront Park

$1,250,000

LU

Lawrence
County School Communications

$750,000

LV

Necco
Center Improvements

$375,000

LW

Boys
and Girls Club of Portsmouth

$100,000

LX

Buckeye
Lake North Shore Park and Pier

$8,500,000

LY

Memorial
Health Systems Education and Event Center

$3,000,000

LZ

Johnstown
- Mink Street Water Infrastructure

$500,000

MA

Newark
Towne Center Project

$1,854,000

MB

Buckeye
Valley Family YMCA Pataskala Childcare Center

$200,000

MC

Mary
Ann Township Fire Department

$66,000

MD

Hanover
Hains Hill Drive Drainage Improvements

$52,000

ME

Junior
Achievement - Regional Satellite Learning Center

$50,000

MF

Boys
and Girls Club of Newark

$46,195

MG

Indian
Lake Advocacy Group

$5,000,000

MH

Logan
County Sewer District Flat Branch Upgrades

$1,500,000

MI

Bellefontaine
Calvary Christian School

$250,000

MJ

Indian
Lake Pickleball

$150,000

MK

Lorain
County Community College Desich Entrepreneurship Center 3rd Floor
Microelectronics Training Hub

$2,500,000

ML

Lorain
County Fairs

$2,500,000

MM

Boys
and Girls Club of Elyria South

$1,000,000

MN

Lorain
County PACE Site Modifications

$1,000,000

MO

The
Nord Center Capital Improvement Project

$1,000,000

MP

French
Creek Sports Complex

$925,000

MQ

Lorain
County Administrative Building

$750,000

MR

North
Ridgeville Cypress Avenue Project

$700,000

MS

Sheffield
Lake Field House Rec Complex

$600,000

MT

Black
River Landing Amphitheater

$500,000

MU

Haven
Center Emergency Shelter / Neighborhood Alliance

$500,000

MV

Vocational
Guidance Services (VGS) Project - Lorain

$500,000

MW

Lorain
County Health and Dental Facility

$375,000

MX

Elyria
Public Library West River Branch

$300,000

MY

Lorain
Hispanic Veterans Memorial

$300,000

MZ

Lorain
County Kennel Project

$250,000

NA

El
Centro Facility Improvements

$200,000

NB

Good
Knights Bed Building Center

$150,000

NC

Sheffield
Village Colorado Avenue Side Path

$150,000

ND

Carlisle
Township Hall Project

$100,000

NE

VFW
Roof Repairs Wellington Post 6941

$12,276

NF

Lucas
County Seawall and River Edge Reconstruction Project

$3,000,000

NG

Toledo
Innovation Center

$3,000,000

NH

Inclusive
Multigenerational Community and Recreation Center (IMCRC)

$2,900,000

NI

Virginia
Stranahan Trail and Senior Affordable Housing/Senior Center
Development

$2,700,000

NJ

Eugene
F. Kranz Toledo Express Airport Terminal Renovation Project

$2,000,000

NK

Toledo
YWCA Domestic Shelter Project

$2,000,000

NL

Toledo
Zoo Reptile House

$1,740,000

NM

Toledo
Fire and Rescue Department Facility Repairs

$1,600,000

NN

Ottawa
Park Revitalization Phase 1

$950,000

NO

Imagination
Station; Toledo Science Center World of Discovery Exhibit

$750,000

NP

Homer
Hanham Boys and Girls Club Renovation

$650,000

NQ

Toledo
Seagate Food Bank

$650,000

NR

Pre-Medical
and Health Science Academy at Mercy College

$500,000

NS

Toledo
School for the Performing Arts Replacement Windows

$500,000

NT

Sylvania
Township Safety Training and Grounds Improvement

$485,000

NU

Toledo
Safe Haven Ronald McDonald Facility

$300,000

NV

Whitney
Manor

$300,000

NW

Toledo
Hensville Entertainment District

$250,000

NX

Ottawa
Hills Walk Path Project

$175,000

NY

Glass
City Mural Wall Lighting (Toledo)

$100,000

NZ

Lucas
County Sheriff Substation Renovation

$100,000

OA

Toledo
Broadway Commercial Redevelopment Project

$100,000

OB

Madison
County Airport Improvements

$35,938

OC

Animal
Charity of Ohio Infrastructure Expansion

$1,500,000

OD

Community
Learning Center

$1,000,000

OE

West
Branch Regional Community Education and Wellness Training Center
in Mahoning County

$875,000

OF

Mahoning
Valley Historical Society Expansion and Improvement

$750,000

OG

Campbell
Access and Safety Project

$660,000

OH

Mahoning
County Veterans Center

$650,000

OI

Salem
Airpark Improvements

$600,000

OJ

Youngstown
Area Jewish Federation Building Expansion

$501,389

OK

Mahoning
Valley Regional Multi-Jurisdictional Infrastructure Initiative

$450,000

OL

Boys
and Girls Club of Youngstown

$300,000

OM

Youngstown
Playhouse Roof

$238,000

ON

Sheridan
Road Multi-Use Trail

$185,000

OO

Boys
and Girls Club of Oak Hill

$159,131

OP

City
of Struthers Mauthe Park Splash Pad

$103,150

OQ

Rich
Center for Autism Building for Tomorrow Phase 2

$100,000

OR

OCCHA
Renovado Capital Campaign

$93,500

OS

Canfield
Police Department Drone Program

$60,000

OT

War
Vet Museum Facility and Program Improvement Project

$60,000

OU

Austintown
9-11 Memorial Park

$50,000

OV

VFW
Roof Repairs Ellsworth Post 9571

$14,480

OW

Marion
Harding Performing Arts Center

$500,000

OX

Marion
Soldiers and Sailors Memorial Chapel

$450,000

OY

George
W. King Mansion – Etowah

$300,000

OZ

Boys
and Girls Club of Oak Street

$277,170

PA

Terradise
Nature Center Interpretive Center

$200,000

PB

Women’s
History Resource Center Phase II

$185,000

PC

City
of Wadsworth Brickyard Athletic Complex and Fixler Reservation

$2,500,000

PD

Lake
Medina

$1,500,000

PE

Akron
Childrens Medina Health Center

$1,400,000

PF

Medina
County Career Center Modular Fire Training Tower

$1,000,000

PG

Oenslager
Nature Center

$500,000

PH

City
of Medina Multi-Use Uptown Loop Phase 1

$396,000

PI

Medina
County Radio System – Seville Tower

$450,000

PJ

Medina
County Sheriff Office Jail Safety Enhancement

$200,000

PK

Equine
Assisted Mental Health Community Campus

$200,000

PL

Majestic
Equine Connections

$200,000

PM

Main
Street Medina Facade Improvement

$150,000

PN

Medina
County Achievement Center Renovation and Innovative Vocational
Training Building

$100,000

PO

Serenite
Restaurant and Culinary Institute Roof/Gutter Repair

$65,000

PP

Main
Street Medina South Town Gateway

$62,000

PQ

VFW
Roof Repairs Medina Post 5137

$60,898

PR

Homer
Township Tornado Siren Project

$36,834

PS

Chippewa
Lake Area Emergency Siren

$35,000

PT

Ohio
University Airport Improvements

$2,500,000

PU

Meigs
County Transportation Hub

$1,500,000

PV

Racine
Entertainment District

$1,500,000

PW

1872
Hall Complex

$250,000

PX

Meigs
County Fair

$250,000

PY

Fort
Recovery Water Tower

$600,000

PZ

Troy
Great Miami River Recreation Connectivity Project

$2,000,000

QA

Troy-Miami
County Public Library Improvements

$500,000

QB

Bethel
Township VFD Improvements

$400,000

QC

Graysville
and Community VFD Improvements

$250,000

QD

Bethel
Community Center Improvements

$183,000

QE

Woodsfield
Government and Community Center

$100,000

QF

Midway
Community and Senior Citizens

$70,000

QG

Laings
Community Center

$23,000

QH

VFW
Roof Repairs Sardis Post 9930

$19,836

QI

Miami
Chapel Inspire Zone Youth Workforce Development Center – Boys &
Girls Club

$3,000,000

QJ

Dayton
Aviation Heritage Site (Wright Factory)

$2,000,000

QK

Dayton
International Airport Concourse B

$2,000,000

QL

Future
Development of Wright-Patterson

$1,500,000

QM

Healthy
Family Market / Dayton Children's Pediatric Center

$1,500,000

QN

Tri-Cities
North Regional Wastewater Authority

$1,500,000

QO

Kettering
Business Park

$1,250,000

QP

West
Carrollton River District and Whitewater Park

$500,000

QQ

Countryside
Park Revitalization

$1,000,000

QR

Ronald
McDonald House of Dayton

$1,000,000

QS

Schuster
Center

$1,000,000

QT

Union
Ring Road Completion Project - Phase II

$1,000,000

QU

Uptown
Centerville Connectivity and Development Improvements

$1,000,000

QV

Harrison
Township Police Headquarters Renovation

$950,000

QW

Saint
Vincent de Paul Community Donation Intake Facility

$800,000

QX

Saint
Vincent de Paul Social Services Emergency Shelter for Men

$500,000

QY

Homefull
Housing, Food and Jobs Center

$750,000

QZ

Jefferson
Township Community Improvements

$600,000

RA

BOLT
Innovation Center

$500,000

RB

Centerville
Schools Safety Access

$500,000

RC

Dayton
Dream Center Transitional Housing

$500,000

RD

East
End Whole Family Services Hub Facility Expansion and Renovation in
Dayton

$500,000

RE

Union
Ring Road Completion Project - Phase III

$500,000

RF

Robinette
Park

$400,000

RG

Homefull’s
Healthy Start Child Care & Early Learning Center West Dayton

$350,000

RH

Dayton
Airshow

$300,000

RI

Germantown
Covered Bridge

$275,000

RJ

Dayton
Clothes that Work! Facility Improvements

$250,000

RK

Flyghtwood
Sports Life and Leadership Campus

$250,000

RL

Grant
Park Accessibility Improvements

$250,000

RM

K-12
Gallery and TEJAS Acquisition Project

$250,000

RN

Miami
Township Public Works

$250,000

RO

Old
North Dayton Park Expansion Project

$250,000

RP

Catholic
Social Services Supervised Visitation Center

$200,000

RQ

Dayton
Alvis, Inc.

$195,149

RR

Boys
and Girls Club of Dayton

$154,851

RS

Preservation
of Dayton Woman’s Club Historic Mansion

$100,000

RT

West
Memory Gardens Flood Mitigation Project

$75,000

RU

German
Township Channel Maintenance

$60,000

RV

Miamisburg
Historical Society Improvements

$40,000

RW

Pennsville
Volunteer Fire Department – New Building Construction

$1,500,000

RX

Historic
Preservation, Job Creation, and Healthcare Expansion at the
Stanbery Building (McConnelsville)

$500,000

RY

Malta/McConnelsville
Equipment Project

$325,000

RZ

Chesterhill
VFD Station

$250,000

SA

Morgan
County Emergency Communications Center

$250,000

SB

Morgan
County Fair

$250,000

SC

Reinersville
Volunteer Fire Department

$50,000

SD

Flying
Horse Farms Renovation and Updates to Facilities

$350,000

SE

Morrow
County Engineers Facility

$250,000

SF

Morrow
County Health Department Renovations

$250,000

SG

Water
Filter Installation for Legacy Phosphorus Fields

$500,000

SH

The
Wilds Giraffe Barn and Innovative Guest Lodging

$2,500,000

SI

Avondale
Youth Center HVAC Upgrade

$450,000

SJ

The
Tribe Athletic Complex Track

$1,000,000

SK

Ottawa
County Workforce Hub and Center for Career Advancement

$1,250,000

SL

Skills
Academy in Ottawa County

$250,000

SM

Ottawa
County Fairgrounds Upgrades

$200,000

SN

Put-In-Bay
Downtown Promenade Renovation

$200,000

SO

Genoa
Civic Theatre Improvements

$100,000

SP

Paulding
County Agricultural Society Racetrack Lighting Improvement

$41,000

SQ

Antwerp
Rotary Basketball Court

$40,000

SR

Perry
County Community Access and Workforce Training

$500,000

SS

Reading
Township Volunteer Fire Department

$1,250,000

ST

Thornville
AMVETS 51

$80,000

SU

South
Bloomfield Corridor Improvements

$1,500,000

SV

Ohio
Christian University for Science

$500,000

SW

Pickaway
County Library

$250,000

SX

Memorial
Hall Window Replacement Project

$200,000

SY

Pike
Emergency Operations Backup Power Project

$750,000

SZ

Ravenna
Health Center

$1,500,000

TA

Serenity
House Residential Facility

$700,000

TB

Happy
Trails Farm Animal Sanctuary Welcome Center

$500,000

TC

Kent
Safety Town

$250,000

TD

Shalersville
Park

$225,000

TE

Freedom
Township Historical Society Historical Museum

$105,000

TF

Buchert
Park Improvements

$51,000

TG

Portage
County Children’s Advantage HVAC

$40,000

TH

Windham
Historical Society

$27,950

TI

Preble
County Fairgrounds Stall Barns

$700,000

TJ

Preble
Gratis Well Reconstruction

$50,000

TK

Fort
Jennings Park Pedestrian Bridge and Park Improvements

$350,000

TL

The
Ottoville Park Community Wellness and Recreation Enhancement
Project

$213,000

TM

Womens
Policy and Resource Center

$100,000

TN

Buckeye
Park Improvements

$40,000

TO

Mansfield
Christian School Improvements

$1,500,000

TP

Avita
Comprehensive Cancer Center

$1,150,000

TQ

Plymouth
Fire Department Building Replacement

$600,000

TR

Mansfield
Theater "Road to 100" Renovation

$500,000

TS

YMCA-North
Central Ohio Sports Complex

$500,000

TT

Main
Street Plaza Improvement Project

$250,000

TU

Richland
County Agricultural Society

$100,000

TV

VFW
Roof Repairs Mansfield Post 3494

$27,964

TW

Ohio
Genealogical Society Archives Security

$10,000

TX

Hopewell
Regional Visitor Center

$5,000,000

TY

Union
Township Fire Department Project

$175,000

TZ

Fremont
Downtown Revitalization

$1,350,000

UA

Hayes
Presidential Library Improvements

$300,000

UB

Fremont
Water Access Emergency Response

$150,000

UC

Shawnee
State University College of Health and Human Services

$5,000,000

UD

Appalachian
Youth Behavioral Health Services Expansion

$2,000,000

UE

Scioto
County Safety Operations Center

$696,000

UF

Scioto
County Fairgrounds

$600,000

UG

Green
Township Garage

$500,000

UH

Installer
Technician Registered Apprenticeship in Scioto County

$323,150

UI

Portsmouth
Courtroom Renovations

$240,000

UJ

Bloom-Vernon
Local Schools Lighting

$51,600

UK

Seneca
County Agricultural Center

$370,000

UL

Fostoria
Learning Center Security

$352,000

UM

Seneca
County Museum Interior Revitalization

$190,000

UN

Bettsville
Emergency Medical Services Renovation

$150,000

UO

Attica-Venice
Township Joint Cemetery Mausoleum

$93,742

UP

Court
Street Streetscape Project

$50,000

UQ

Ritz
Theatre Marquee Renovation

$30,000

UR

Fort
Loramie Industrial Park

$724,000

US

Midwest
Regional ESC Resilient Heights Improvements

$600,000

UT

Shelby
County Community Workforce Training Center

$500,000

UU

Boys
and Girls Club of Massillon

$193,904

UV

VFW
Roof Repairs Louisville Post 7490

$42,970

UW

Hall
of Fame Village

$9,763,126

UX

Pro
Football Hall of Fame Modernization

$7,000,000

UY

Stark
County Juvenile Detention System Demolition

$64,200

UZ

Cascade
Plaza

$5,000,000

VA

New
Franklin Sewer Project

$3,800,000

VB

Akron-Canton
Airport West Side Development for Aeronautic Activity

$3,200,000

VC

Cuyahoga
Falls Regional Fire Training Complex

$3,000,000

VD

Akron
Art Museum – Center for Digital Discovery

$2,000,000

VE

Akron
Zoo Veterinary Hospital

$1,750,000

VF

Akron
Community Health Center Addiction One Campus Expansion

$1,250,000

VG

Barberton
City Hall and Justice Center

$1,000,000

VH

Summit
County Mobile Medical Project

$1,000,000

VI

Boston
Heights Safety Center

$986,831

VJ

Middle
School Trades Education Center in Summit County

$750,000

VK

Hudson
Inclusive Playground

$680,000

VL

Summit
County Fairgrounds New Agriculture Center

$600,000

VM

Macedonia
Service Center

$500,000

VN

Child
Guidance and Family Solutions – Multi-Campus

$450,000

VO

Boys
and Girls Club - Steve Wise

$440,913

VP

Akron
Urban League Building Improvements

$400,000

VQ

Legacy
Building Project Improvements

$400,000

VR

Bath
North Fork Preserve Improvements

$170,000

VS

Copley
Road Trail East

$150,000

VT

G.A.R.
Hall Rehabilitation

$150,000

VU

Stark
State Oil and Natural Gas Job Training Equipment

$100,000

VV

Stow
First Responders Memorial

$95,863

VW

Special
Education Cornerstone Community School

$76,393

VX

Boston
Township Hall ADA Upgrades

$50,000

VY

Cortland
Safety Service Complex / Training Facility

$2,150,000

VZ

West
Warren Industrial Park Traffic and Fire Suppression Improvements

$1,500,000

WA

Holy
Trinity Orthodox Christian Academy and Preschool

$1,000,000

WB

Eastwood
Field Renovations

$500,000

WC

Trumbull
County Fairgrounds Grandstand Renovation

$500,000

WD

Cortland’s
Outdoor Education & Event Space

$350,000

WE

Bloomfield
Regional Emergency Medical Services Renovation Project

$345,000

WF

Mosquito
Lake State Park Water Improvements

$330,350

WG

Camp
Sugarbush Infrastructure Improvements

$300,000

WH

John
F. Kennedy Renovation Project

$300,000

WI

Hubbard
Outpost Sanitary Sewer Project

$175,000

WJ

Liberty
Township Fencing Project

$100,000

WK

Victory
Christian School Renovation

$100,000

WL

Tuscarawas
County Facilities Investments in Health, Safety, and Election
Security

$2,500,000

WM

Tuscarawas
County Engineer Building

$1,350,000

WN

Cleveland
Clinic Union Hospital Cancer Center

$1,000,000

WO

Fire,
EMT, Law Enforcement Burn Building

$500,000

WP

Norma
Johnson Center Improvements (Red Barn and Brandywine)

$250,000

WQ

Dover
Public Library Roof Replacement Project

$85,731

WR

Transportation
Research Center, Inc. Impact Lab Upgrades

$24,000,000

WS

Richwood
Pickleball

$218,000

WT

Leesburg
Township Walking Trail and Playground Project

$162,545

WU

The
Village of Richwood Fairgrounds

$49,849

WV

Northwest
State Community College Van Wert Campus Renovation

$1,000,000

WW

Van
Wert Regional Airport Runway Project

$600,000

WX

VFW
Roof Repairs Van Wert Post 5803

$41,754

WY

Middle
Point Memorial Park

$25,000

WZ

Moser
Park Concession Stand Replacement

$19,860

XA

Wilkesville
Township Outdoor Warning Siren

$35,000

XB

Cincinnati
Open Tennis Tournament

$27,500,000

XC

Warren
County Ion Exchange Project

$200,000

XD

Waynesville
and Maineville Girl Scout Camp Improvements

$200,000

XE

VFW
Roof Repairs Mason Post 9622

$9,969

XF

Mid
Ohio Valley Aquatic Center

$750,000

XG

Decatur
Township Building Construction

$350,000

XH

Boys
and Girls Club of Marietta

$213,909

XI

Marietta
Saint Mary of the Assumption Roof Project

$150,000

XJ

Betsy
Mills Drainage Project

$79,000

XK

Marietta
College Womens Softball Complex

$50,000

XL

VFW
Roof Repairs New Matamoras Post 6387

$13,740

XM

Shreve
Wastewater Treatment Plant System Improvements

$1,750,000

XN

Wooster
Community Hospital Improvements

$1,000,000

XO

Wayne
County Agricultural Society, Inc.

$415,000

XP

Wayne
County Airport Hangar Construction Project

$350,000

XQ

Wayne
County Emergency Vehicle Drivers Training Course

$300,000

XR

Boys
and Girls Club of Orrville

$280,318

XS

Boys
and Girls Club of Edgewood

$186,771

XT

Foodsphere
Commercial Kitchen/Food Marketplace

$100,000

XU

Edgerton
Community Center

$425,000

XV

Installation
of Elevator to North Annex Building in Williams County

$187,076

XW

Wabash
Cannonball Trail: Design Engineering

$153,500

XX

Wood
County Engineer Garage and Maintenance Facility (Bowling Green)

$1,000,000

XY

Wood
County Educational Service Center

$750,000

XZ

Positive
Community Connections Center Project (Bowling Green)

$600,000

YA

Wood
County Committee on Aging

$500,000

YB

City
of Perrysburg

$200,000

YC

North
Baltimore Public Library Emergency Repairs

$100,000

YD

Wood
County Public Library Heating Project

$100,000

YE

Upper
Sandusky Midway Industrial Park

$400,000

YF

VFW
Roof Repairs Carey Post 3759

$20,712

Sec.
243.10.

1

2

3

A

PWC
PUBLIC WORKS COMMISSION

B

State
Capital Improvements Fund (Fund 7038)

C

C15000

Local
Public Infrastructure

$400,000,000

$415,000,000

D

State
Capital Improvements Fund (Fund 7038) Total

$400,000,000

$415,000,000

E

State
Capital Improvements Revolving Loan Fund (Fund 7040)

F

C15030

Revolving
Loan

$100,000,000

G

State
Capital Improvements Revolving Loan Fund (Fund 7040) Total

$100,000,000

H

Clean
Ohio Conservation Fund (Fund 7056)

I

C15060

Clean
Ohio Conservation

$75,300,000

J

Clean
Ohio Conservation Fund (Fund 7056) Total

$75,300,000

K

TOTAL
ALL FUNDS

$575,300,000

$590,300,000

LOCAL
PUBLIC INFRASTRUCTURE

Capital
appropriations in
this
act
H.B.
2 of the 135th General Assembly
made
from the State Capital Improvements Fund (Fund 7038) shall be used in
accordance with sections 164.01 to 164.12 of the Revised Code. The
Director of the Public Works Commission may certify to the Director
of Budget and Management that a need exists to appropriate investment
earnings to be used in accordance with sections 164.01 to 164.12 of
the Revised Code. If the Director of Budget and Management determines
pursuant to division (D) of section 164.08 and section 164.12 of the
Revised Code that investment earnings are available to support
additional appropriations, such amounts are hereby appropriated.

If
the Public Works Commission receives refunds due to project
overpayments that are discovered during a post-project audit, the
Director of the Public Works Commission may certify to the Director
of Budget and Management that refunds have been received. In
certifying the refunds, the Director of the Public Works Commission
shall provide the Director of Budget and Management information on
the project refunds. The certification shall detail by project the
source and amount of project overpayments received and include any
supporting documentation required or requested by the Director of
Budget and Management. Upon receipt of the certification, the
Director of Budget and Management shall determine if the project
refunds are necessary to support existing appropriations. If the
project refunds are available to support additional appropriations,
these amounts are hereby appropriated to appropriation item C15000,
Local Public Infrastructure/State CIP.

Of
the foregoing appropriation item C15000, Local Public Infrastructure,
$15,000,000 under the Emergency Program shall be used to provide
grants to communities to assist with road-slip emergency projects on
nonstate roads or locally maintained routes and portions of
interstates.

REVOLVING
LOAN

Capital
appropriations in
this
act
H.B.
2 of the 135th General Assembly
made
from the State Capital Improvements Revolving Loan Fund (Fund 7040)
shall be used in accordance with sections 164.01 to 164.12 of the
Revised Code.

If
the Public Works Commission receives refunds due to project
overpayments that are discovered during a post-project audit, the
Director of the Public Works Commission may certify to the Director
of Budget and Management that refunds have been received. In
certifying the refunds, the Director of the Public Works Commission
shall provide the Director of Budget and Management information on
the project refunds. The certification shall detail by project the
source and amount of project overpayments received and include any
supporting documentation required or requested by the Director of
Budget and Management. Upon receipt of the certification, the
Director of Budget and Management shall determine if the project
refunds are necessary to support existing appropriations. If the
project refunds are available to support additional appropriations,
these amounts are hereby appropriated to appropriation item C15030,
Revolving Loan.

CLEAN
OHIO CONSERVATION GRANT REPAYMENTS

Capital
appropriations in
this
act
H.B.
2 of the 135th General Assembly
made
from the Clean Ohio Conservation Fund (Fund 7056) shall be used in
accordance with sections 164.20 to 164.27 of the Revised Code.

Any
amount in grant repayments received by the Public Works Commission
and deposited into the Clean Ohio Conservation Fund pursuant to
section 164.261 of the Revised Code is hereby appropriated through
the foregoing appropriation item C15060, Clean Ohio Conservation.

Sec.
243.20.
The
Ohio Public Facilities Commission is hereby authorized to issue and
sell, in accordance with Sections 2p and 2s of Article VIII, Ohio
Constitution, and Chapter 151. and particularly sections 151.01 and
151.08 of the Revised Code, original obligations, in an aggregate
principal amount not to exceed
$215,000,000

$230,000,000

in
addition to the original obligations heretofore authorized by prior
acts of the General Assembly. These authorized obligations shall be
issued, subject to applicable constitutional and statutory
limitations, as needed to provide sufficient moneys to the credit of
the State Capital Improvements Fund (Fund 7038) to pay costs of
capital improvement projects of local subdivisions.

Section
620.31.
That
existing Sections
200.20,
200.30 (as amended by S.B. 54 of the 135th General Assembly),
243.10
,

and 243.20 of H.B. 2 of the 135th General Assembly are hereby
repealed.

Section
701.10.
The
member elected House Assistant Speaker Pro Tempore shall receive the
compensation set in division (A)(4) of section 101.27 of the Revised
Code for calendar year 2025 at a prorated amount commensurate with
the period of time the member serves in the position. This amount is
in addition to other amounts to which the member is entitled under
section 101.27 of the Revised Code, such as a committee supplement.

Section
737.10.
Sections
3704.14, 4503.10, 4503.102, and 4503.103 of the Revised Code, as
amended by this act, shall be known as the E-Check Ease Act.

Section
749.10.
(A)
Not later than December 31, 2028, the Public Utilities Commission
shall complete a review of train derailments in Ohio using statistics
from the Federal Railroad Administration to identify derailments due
to bearing or axle failure over the three years proceeding from the
effective date of this section.

(B)
The commission shall send a copy of the review described in division
(A) of this section to the following:

(1)
The Governor;

(2)
The President of the Senate;

(3)
The Speaker of the House of Representatives;

(4)
The minority leaders of both the Senate and the House of
Representatives.

Section
755.10.
(A)
The Director of Transportation, in consultation with the Northeast
Ohio Areawide Coordinating Agency, shall continue conducting a study,
initiated in September 2024, to develop a traffic congestion
management strategic plan. However, at the Director's discretion, the
Northeast Ohio Areawide Coordinating Agency may lead the study. The
study shall examine the area along Interstate Route 71 between the
following boundaries:

(1)
To the north, U.S. Route 42;

(2)
To the south, State Route 303;

(3)
To the west, U.S. Route 42;

(4)
To the east, West 130th Street.

(B)(1)
Not later than December 31, 2026, the Director or, as applicable, the
Northeast Ohio Areawide Coordinating Agency shall complete the study
and submit a report of the study's findings to all of the following:

(a)
The Governor;

(b)
The Speaker of the House of Representatives;

(c)
The President of the Senate;

(d)
The chairpersons of the committees of the House of Representatives
and the Senate pertaining to transportation;

(e)
The chief executive officer and the legislative authority of the
municipal corporations of Strongsville, North Royalton, and
Brunswick.

(2)
The Director or, as applicable, the Northeast Ohio Areawide
Coordinating Agency may include in the report solutions to mitigate
and strategically manage any traffic congestion concerns found during
the study.

Section
755.20.
(A)(1)
Upon recommendation under division (D) of this section, the
Department of Transportation shall contract with a neutral
third-party entity to conduct a study of the Department's
pavement-selection process. The study shall include all of the
following:

(a)
Life-cycle cost analysis, user delay analysis, construct ability, and
environmental factors related to asphalt and concrete pavements;

(b)
An examination of subbase design methods, including stabilized bases
in pavement design criteria, the long-term effects of cement-treated
bases, and the beneficial qualities of lime, chemical, or geotextile
soil reinforcement;

(c)
The design and construction of durable and low-maintenance pavement
materials that contribute to improved roadway resilience, reduced
life-cycle costs, and environmental benefits, such as materials
involving one hundred per cent recycled asphalt product and materials
involving sustainable and performance-enhancing elements, including
pelletized ground tire rubber.

(2)
The Department shall hold the contract with the neutral third-party
entity, and the contract shall be submitted to the Controlling Board
for approval. The Controlling Board shall approve or disapprove the
contract in the same manner in which contracts entered into under
Chapter 5526. of the Revised Code are approved or disapproved. The
entity shall be an individual or an academic, research, or
professional association with an expertise in pavement-selection
decisions and shall not be a research center for concrete or asphalt
pavement.

(3)
The study conducted by the neutral third-party entity shall compare
and contrast the Department's pavement-selection process with those
of other states and with model selection processes as described by
the American Association of State Highway and Transportation
Officials and the Federal Highway Administration.

(B)
The Director of Transportation shall appoint an advisory council to
recommend the neutral third-party entity, approve the entity's scope
of study, and issue a final report with recommendations in accordance
with division (D) of this section. The advisory council shall consist
of the following members:

(1)
The Director of Transportation, who shall act as Chairperson of the
council;

(2)
A member of the Ohio Society of Certified Public Accountants;

(3)
A member of a statewide business organization representing major
corporate entities from a list of three names recommended by the
Speaker of the House of Representatives;

(4)
A member of the Ohio Society of Professional Engineers;

(5)
A member of a business organization representing small or independent
businesses from a list of three names recommended by the President of
the Senate;

(6)
A representative of Ohio Concrete;

(7)
A representative of Flexible Pavements of Ohio.

(C)
Members of the advisory council representing the Ohio Society of
Certified Public Accountants, the Ohio Society of Professional
Engineers, the small or independent businesses, and the major
corporate entities shall have no conflict of interest with the
position. For purposes of this section, "conflict of interest"
means taking any action that violates any provision of Chapter 102.
or 2921. of the Revised Code.

(D)
The Director shall appoint the advisory council no later than July
31, 2025. The advisory council shall recommend the neutral
third-party entity to the Director and shall determine the scope of
the study to be conducted by the entity not later than September 1,
2025. Once appointed, the advisory council shall meet, at a minimum,
every thirty days to direct and monitor the work of the neutral
third-party entity, including responding to any questions raised by
the neutral third-party entity. The council shall publish a schedule
of meetings and provide adequate public notice of these meetings. The
meetings are subject to applicable public meeting requirements.

The
advisory council shall issue a final report with recommendations
concerning the Department's pavement selection process to the
Director. The report and recommendations shall take into account the
study conducted by the neutral third-party entity. The advisory
council shall allow a comment period of not less than thirty days
before it issues the final report. The advisory council shall issue
the report on or before June 30, 2026. Upon issuing its final report,
the advisory council ceases to exist.

Section
755.40.
(A)
Not later than October 1, 2025, the Director of Transportation shall
establish the Road Safety Pilot Program to assess speed compliance in
construction zones. The pilot program shall operate for one year
after that date.

(B)
The Director shall ensure that the Road Safety Pilot Program includes
both of the following in one or more construction zones:

(1)
Speed monitoring devices with flashing lights that display the speed
at which a motor vehicle operator is traveling in a construction
zone;

(2)
Any other methods determined by the Department that have the effect
of reducing the speed at which motor vehicle operators travel in a
construction zone, including lane changes, rumble strips, and single
lanes. However, for purposes of the program, the Department shall not
use any device that would result in an individual being issued a
citation, summons, or ticket by any entity other than a peace officer
who is physically present at the time of an offense.

(C)
The Director shall post signs in each construction zone that is
utilized under the Pilot Program that indicate that the construction
zone is being monitored for speed for purposes of the Pilot Program.

(D)
The Director may contract with a third party to implement the Pilot
Program.

(E)
Nothing in this section shall otherwise impact or impede the
enforcement of any violation of any law. An operator of a motor
vehicle shall not be cited for any violation of law based solely on
information derived from speed cameras used in accordance with this
section.

(F)
Not later than three months after the termination of the pilot
program, the Director shall submit to the President of the Senate,
the Speaker of the House of Representatives, and the Governor a
report regarding the results of the Road Safety Pilot Program. The
report shall include data summarizing instances of excessive speed in
construction zones that are included in the pilot program.

Section
755.50.
The
Director of Transportation shall conduct a feasibility study for the
creation of an Interstate Route 73 corridor connecting the municipal
corporation of Toledo to the municipal corporation of Chesapeake,
primarily alongside current United States Route 23. The purpose of
the new corridor is to better connect Interstate Route 74, Interstate
Route 75, and the states of Michigan, Ohio, West Virginia, Virginia,
North Carolina, and South Carolina along one continuous interstate
route.

The
feasibility study shall examine how to alleviate congestion along
United States Route 23, the economic impacts of a new interstate
corridor, safety concerns, connectivity issues, and methods for
coordinating with the other states and the United States Department
of Transportation for the creation of the corridor.

The
Director shall complete the feasibility study not later than December
31, 2026.

Section
755.60.
(A)
The Department of Transportation and the Ohio Turnpike and
Infrastructure Commission shall work together to create a joint plan
regarding the feasibility of connecting U.S. Route 23 to Interstate
Route 71 by doing one of the following:

(1)
Expanding State Route 229 in northern Delaware County;

(2)
Expanding another similar state route or other highway in northern
Delaware County;

(3)
Creating a new freeway between U.S. Route 23 and Interstate Route 71
in northern Delaware County;

(4)
Creating a toll road between U.S. Route 23 and Interstate Route 71 in
northern Delaware County;

(5)
Creating a new freeway, which may be a toll road, in the region
between State Route 529 and Waldo, Ohio heading eastward toward
Interstate Route 71 north of Marengo, Ohio in Marion County and
Morrow County.

(B)
As part of the plan, related to the options specified in divisions
(A)(3) and (4) of this section, the Department and Commission shall
prepare a preliminary engineering report that determines the most
feasible routes for the new freeway or toll road. As part of the
report, the Department and Commission shall determine five potential
alignments for the freeway or toll road and specify which alignment
is the preferred route.

(C)
The plan shall be completed not later than three months after the
effective date of this section.

(D)
As part of the plan, the Department and the Commission shall
determine whether construction would be best conducted by the
Department or the Commission. If construction is best conducted by
the Commission, the plan also shall include whether the Commission's
statutory authority is sufficient to make the project a turnpike
project.

(E)
The Department and Commission shall submit their plan to the
President of the Senate, the Speaker of the House of Representatives,
the Minority Leaders of both the Senate and the House of
Representatives, and the chairpersons of the respective committees of
the House of Representatives and Senate responsible for
transportation related matters.

Section
755.70.
Beginning
July 1, 2025, until June 30, 2027, 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
755.80.
The
Ohio Turnpike and Infrastructure Commission shall conduct a
feasibility study for the creation of an interchange allowing access
on and off of the Ohio Turnpike at approximately mile marker one
hundred near the municipal corporation of Clyde in Sandusky County.
The Commission shall assess the approximate cost, any barriers to
establishing the interchange, and the benefits to the local community
resulting from more immediate access to the Ohio Turnpike.

The
Commission shall complete the feasibility study not later than
December 31, 2026.

Section
757.10.
MOTOR
FUEL TAX DISTRIBUTIONS TO HIGHWAY OPERATING FUND

On
the last day of each month in the biennium ending June 30, 2027,
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, 2025, to June 30, 2027:

(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, 2025, June 30, 2026,
December 31, 2026, and June 30, 2027, 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 $179,054,124 in fiscal year 2026 and in
equal monthly increments totaling $187,584,952 in fiscal year 2027
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 136th
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
805.10.
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
810.10.
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, 2027, unless its context
clearly indicates otherwise.

Section
820.10.
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
820.20.
The
amendment, enactment, or repeal by this act of the sections listed
below is exempt from the referendum under Ohio Constitution, Article
II, section 1d and section 1.471 of the Revised Code and therefore
takes effect immediately when this act becomes law or, if a later
effective date is specified below, on that date.

Section
101.27 of the Revised Code and Section 701.10 of this act.

Section
511.10 of this act.

Sections
200.20 and 200.30 of H.B. 2 of the 135th General Assembly.

Section
820.30.
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
820.40.
Sections
4503.183, 4505.072, 4505.08, 4513.071, 4513.38, and 4513.41 of the
Revised Code, as amended or enacted by this act, take effect one
hundred eighty days after the effective date of this section.

Section
820.50.
Sections
117.12 and 117.56 of the Revised Code, as amended or enacted by this
act, take effect October 1, 2025.

Section
830.10.
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
4511.61 of the Revised Code as amended by both H.B. 26 and H.B. 95 of
the 132nd General Assembly.

Section
4511.132 of the Revised Code as amended by H.B. 9, H.B. 26, H.B. 95,
and H.B. 250, all of the 132nd General Assembly.

Speaker
___________________ of the House of Representatives.

President
___________________ of the Senate.

Passed
________________________, 20____

Approved
________________________, 20____

Governor.

The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.

Director, Legislative
Service Commission.

Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.

Secretary of State.

File
No. _________ Effective Date ___________________