License traffic law photo-monitoring device companies; levy a tax

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 213

2025-2026

Senator Patton

To
amend sections 131.02, 715.013, 4303.26, 4501.06, 4511.092, 4511.096,
4511.0911, 5703.052, 5703.053, 5703.19, 5703.263, 5703.50, 5703.70,
and 5703.77 and to enact sections 4787.01, 4787.02, 4787.03, 4787.04,
4787.05, 4787.06, 4787.99, 5755.01, 5755.02, 5755.03, 5755.04,
5755.05, 5755.06, 5755.07, 5755.071, 5755.08, 5755.09, 5755.10,
5755.11, 5755.12, 5755.13, 5755.14, and 5755.99 of the Revised Code

to
license companies that sell, provide, install, or otherwise manage
traffic law photo-monitoring devices in Ohio and to levy a tax on
such companies' gross receipts from municipal contracts.

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

Section
1.
That
sections 131.02, 715.013, 4303.26, 4501.06, 4511.092, 4511.096,
4511.0911, 5703.052, 5703.053, 5703.19, 5703.263, 5703.50, 5703.70,
and 5703.77 be amended and sections 4787.01, 4787.02, 4787.03,
4787.04, 4787.05, 4787.06, 4787.99, 5755.01, 5755.02, 5755.03,
5755.04, 5755.05, 5755.06, 5755.07, 5755.071, 5755.08, 5755.09,
5755.10, 5755.11, 5755.12, 5755.13, 5755.14, and 5755.99 of the
Revised Code be enacted to read as follows:

Sec.
131.02.
(A)
Except as otherwise provided in section 4123.37, section 5703.061,
and division (K) of section 4123.511 of the Revised Code, whenever
any amount is payable to the state, the officer, employee, or agent
responsible for administering the law under which the amount is
payable shall immediately proceed to collect the amount or cause the
amount to be collected and shall pay the amount into the state
treasury or into the appropriate custodial fund in the manner set
forth pursuant to section 113.08 of the Revised Code. Except as
otherwise provided in this division, if the amount is not paid within
forty-five days after payment is due, the officer, employee, or agent
shall certify the amount due to the attorney general, in the form and
manner prescribed by the attorney general. In the case of an amount
payable by a student enrolled in a state institution of higher
education, the amount shall be certified within the later of
forty-five days after the amount is due or the tenth day after the
beginning of the next academic semester, quarter, or other session
following the session for which the payment is payable. The attorney
general may assess the collection cost to the amount certified in
such manner and amount as prescribed by the attorney general. If an
amount payable to a political subdivision is past due, the political
subdivision may, with the approval of the attorney general, certify
the amount to the attorney general pursuant to this section.

For
the purposes of this section, the attorney general and the officer,
employee, or agent responsible for administering the law under which
the amount is payable shall agree on the time a payment is due, and
that agreed upon time shall be one of the following times:

(1)
If a law, including an administrative rule, of this state prescribes
the time a payment is required to be made or reported, when the
payment is required by that law to be paid or reported.

(2)
If the payment is for services rendered, when the rendering of the
services is completed.

(3)
If the payment is reimbursement for a loss, when the loss is
incurred.

(4)
In the case of a fine or penalty for which a law or administrative
rule does not prescribe a time for payment, when the fine or penalty
is first assessed.

(5)
If the payment arises from a legal finding, judgment, or adjudication
order, when the finding, judgment, or order is rendered or issued.

(6)
If the payment arises from an overpayment of money by the state to
another person, when the overpayment is discovered.

(7)
The date on which the amount for which an individual is personally
liable under section 5735.35, section 5739.33, or division (G) of
section 5747.07 of the Revised Code is determined.

(8)
Upon proof of claim being filed in a bankruptcy case.

(9)
Any other appropriate time determined by the attorney general and the
officer, employee, or agent responsible for administering the law
under which the amount is payable on the basis of statutory
requirements or ordinary business processes of the agency,
institution, or political subdivision to which the payment is owed.

(B)(1)
The attorney general shall give immediate notice by mail or otherwise
to the party indebted of the nature and amount of the indebtedness.

(2)
If the amount payable to this state arises from a tax levied under
Chapter 5733., 5739., 5741., 5747.,
or

5751.
,
or 5755.

of the Revised Code, the notice also shall specify all of the
following:

(a)
The assessment or case number;

(b)
The tax pursuant to which the assessment is made;

(c)
The reason for the liability, including, if applicable, that a
penalty or interest is due;

(d)
An explanation of how and when interest will be added to the amount
assessed;

(e)
That the attorney general and tax commissioner, acting together, have
the authority, but are not required, to compromise the claim and
accept payment over a reasonable time, if such actions are in the
best interest of the state.

(C)
The attorney general shall collect the claim or secure a judgment and
issue an execution for its collection.

(D)
Each claim shall bear interest, from the day on which the claim
became due, at the rate per annum required by section 5703.47 of the
Revised Code.

(E)
The attorney general and the chief officer of the agency reporting a
claim, acting together, may do any of the following if such action is
in the best interests of the state:

(1)
Compromise the claim;

(2)
Extend for a reasonable period the time for payment of the claim by
agreeing to accept monthly or other periodic payments. The agreement
may require security for payment of the claim.

(3)
Add fees to recover the cost of processing checks or other draft
instruments returned for insufficient funds and the cost of providing
electronic payment options.

(F)(1)
Except as provided in division (F)(2) of this section, if the
attorney general finds, after investigation, that any claim due and
owing to the state is uncollectible, the attorney general, with the
consent of the chief officer of the agency reporting the claim, may
do the following:

(a)
Sell, convey, or otherwise transfer the claim to one or more private
entities for collection;

(b)
Cancel the claim or cause it to be canceled.

(2)
The attorney general shall cancel or cause to be canceled an
unsatisfied claim on the date that is forty years after the date the
claim is certified, unless the attorney general has adopted a rule
under division (F)(5) of this section shortening this time frame with
respect to a subset of claims.

(3)
No initial action shall be commenced to collect any tax payable to
the state that is administered by the tax commissioner, whether or
not such tax is subject to division (B) of this section, or any
penalty, interest, or additional charge on such tax, after the
expiration of the period ending on the later of the dates specified
in divisions (F)(3)(a) and (b) of this section, provided that such
period shall be extended by the period of any stay to such collection
or by any other period to which the parties mutually agree. If the
initial action in aid of execution is commenced before the later of
the dates specified in divisions (F)(3)(a) and (b) of this section,
any and all subsequent actions may be pursued in aid of execution of
judgment for as long as the debt exists.

(a)
Seven years after the assessment of the tax, penalty, interest, or
additional charge is issued.

(b)
Four years after the assessment of the tax, penalty, interest, or
additional charge becomes final. For the purposes of division
(F)(3)(b) of this section, the assessment becomes final at the latest
of the following: upon expiration of the period to petition for
reassessment, or if applicable, to appeal a final determination of
the commissioner or decision of the board of tax appeals or a court,
or, if applicable, upon decision of the United States supreme court.

For
the purposes of division (F)(3) of this section, an initial action to
collect a tax debt is commenced at the time when a certified copy of
the tax commissioner's entry making an assessment final has been
filed in the office of the clerk of court of common pleas in the
county in which the taxpayer resides or has its principal place of
business in this state, or in the office of the clerk of court of
common pleas of Franklin county, as provided in section 5739.13,
5741.14, 5747.13, or 5751.09 of the Revised Code or in any other
applicable law requiring such a filing. If an assessment has not been
issued and there is no time limitation on the issuance of an
assessment under applicable law, an action to collect a tax debt
commences when the action is filed in the courts of this state to
collect the liability.

(4)
If information contained in a claim that is sold, conveyed, or
transferred to a private entity pursuant to this section is
confidential pursuant to federal law or a section of the Revised Code
that implements a federal law governing confidentiality, such
information remains subject to that law during and following the
sale, conveyance, or transfer.

(5)
The attorney general may adopt rules to aid in the implementation of
this section.

Sec.
715.013.
(A)
Except as otherwise expressly authorized by the Revised Code, no
municipal corporation shall levy a tax that is the same as or similar
to a tax levied under Chapter 322., 3734., 3769., 4123., 4141.,
4301., 4303., 4305., 4307., 4309., 5707., 5725., 5726., 5727., 5728.,
5729., 5731., 5735., 5736., 5737., 5739., 5741., 5743., 5747., 5749.,

or

5751.
,
or 5755.

of the Revised Code.

(B)
No municipal corporation may impose any tax, fee, assessment, or
other charge on auxiliary containers, on the sale, use, or
consumption of such containers, or on the basis of receipts received
from the sale of such containers. As used in this division,
"auxiliary container" has the same meaning as in section
3767.32 of the Revised Code.

(C)
This section does not prohibit a municipal corporation from levying
an income tax or withholding tax in accordance with Chapter 718. of
the Revised Code, or a tax on any of the following:

(1)
Amounts received for admission to any place;

(2)
The income of an electric company or combined company, as defined in
section 5727.01 of the Revised Code;

(3)
On and after January 1, 2004, the income of a telephone company, as
defined in section 5727.01 of the Revised Code.

Sec.
4303.26.
(A)
Applications for regular permits authorized by sections 4303.02 to
4303.23 of the Revised Code may be filed with the division of liquor
control. No permit shall be issued by the division until fifteen days
after the application for it is filed. An applicant for the issuance
of a new permit shall pay a processing fee of one hundred dollars
when filing application for the permit, if the permit is then
available, or shall pay the processing fee when a permit becomes
available, if it is not available when the applicant initially files
the application. When an application for a new class C or D permit is
filed, when class C or D permits become available, or when an
application for transfer of ownership of a class C or D permit or
transfer of a location of a class C or D permit is filed, no permit
shall be issued, nor shall the location or the ownership of a permit
be transferred, by the division until the division notifies the
legislative authority of the municipal corporation if the business or
event is or is to be located within the corporate limits of a
municipal corporation, or the clerk of the board of county
commissioners and the fiscal officer of the board of township
trustees in the county in which the business or event is or is to be
conducted if the business is or is to be located outside the
corporate limits of a municipal corporation, and an opportunity is
provided officials or employees of the municipal corporation or
county and township, who shall be designated by the legislative
authority or the board of county commissioners or board of township
trustees, for a complete hearing upon the advisability of the
issuance, transfer of ownership, or transfer of location of the
permit. In this hearing, no objection to the issuance, transfer of
ownership, or transfer of location of the permit shall be based upon
noncompliance of the proposed permit premises with local zoning
regulations which prohibit the sale of beer or intoxicating liquor,
in an area zoned for commercial or industrial uses, for a permit
premises that would otherwise qualify for a proper permit issued by
the division.

When
the division sends notice to the legislative or executive authority
of the political subdivision, as required by this section, the
division shall also so notify, by certified mail, return receipt
requested, or by personal service, the chief peace officer of the
political subdivision. Upon the request of the chief peace officer,
the division shall send the chief peace officer a copy of the
application for the issuance or the transfer of ownership or location
of the permit and all other documents or materials filed by the
applicant or applicants in relation to the application. The chief
peace officer may appear and testify, either in person or through a
representative, at any hearing held on the advisability of the
issuance, transfer of ownership, or transfer of location of the
permit. The hearing shall be held in the central office of the
division, except that upon written request of the legislative
authority of the municipal corporation or the board of county
commissioners or board of township trustees, the hearing shall be
held in the county seat of the county where the applicant's business
is or is to be conducted.

If
the business or event specified in an application for the issuance,
transfer of ownership, or transfer of location of any regular permit
authorized by sections 4303.02 to 4303.23 of the Revised Code, except
for an F-2 permit, is, or is to be operated, within five hundred feet
from the boundaries of a parcel of real estate having situated on it
a school, church, library, public playground, or township park, no
permit shall be issued, nor shall the location or the ownership of a
permit be transferred, by the division until written notice of the
filing of the application with the division is served, by certified
mail, return receipt requested, or by personal service, upon the
authorities in control of the school, church, library, public
playground, or township park and an opportunity is provided them for
a complete hearing upon the advisability of the issuance, transfer of
ownership, or transfer of location of the permit. In this hearing, no
objection to the issuance, transfer of ownership, or transfer of
location of the permit shall be based upon the noncompliance of the
proposed permit premises with local zoning regulations which prohibit
the sale of beer or intoxicating liquor, in an area zoned for
commercial or industrial uses, for a permit premises that would
otherwise qualify for a proper permit issued by the division. Upon
the written request of any of these authorities, the hearing shall be
held in the county seat of the county where the applicant's business
is or is to be conducted.

A
request for any hearing authorized by this section shall be made no
later than thirty days from the time of notification by the division.
This thirty-day period begins on the date the division mails notice
to the legislative authority or the date on which the division mails
notice to or, by personal service, serves notice upon, the
institution. The division shall conduct a hearing if the request for
the hearing is postmarked by the deadline date. The division may
allow, upon cause shown by the requesting legislative authority or
board, an extension of thirty additional days for the legislative
authority of the municipal corporation, board of township trustees of
the township, or board of county commissioners of the county in which
a permit premises is or is to be located to object to the issuance,
transfer of ownership, or transfer of location of a permit. The
request for the extension shall be made by the legislative authority
or board to the division no later than thirty days after the time of
notification by the division.

(B)
When an application for transfer of ownership of a permit is filed
with the division, the division shall give notice of the application
to the tax commissioner. Within twenty days after receiving this
notification, the commissioner shall notify the division of liquor
control and the proposed transferee of the permit if the permit
holder owes to this state any delinquent horse-racing taxes,
alcoholic beverage taxes, motor fuel taxes, petroleum activity taxes,
sales or use taxes, cigarette taxes, other tobacco product taxes,
income taxes withheld from employee compensation, commercial activity
taxes, gross casino revenue taxes,
traffic
camera receipts taxes,
or
gross receipts taxes levied pursuant to section 5739.101 of the
Revised Code, or has failed to file any corresponding returns or
submit any information required by the commissioner, as required for
such taxes, to the extent that any delinquent payment or return, or
any failure to submit information, is known to the department of
taxation at the time of the application. The division shall not
transfer ownership of the permit until payments known to be
delinquent are resolved, returns known to be delinquent are filed,
and any information required by the commissioner has been provided.
As used in this division, "resolved" means that the
delinquent payment has been paid in full or an amount sufficient to
satisfy the delinquent payment is in escrow for the benefit of the
state. The commissioner shall notify the division of the resolution.
After the division has received the notification from the
commissioner, the division may proceed to transfer ownership of the
permit. Nothing in this division shall be construed to affect or
limit the responsibilities or liabilities of the transferor or the
transferee imposed by Chapter 3769., 4301., 4303., 4305., 5735.,
5736., 5739., 5741., 5743., 5747., 5751.,
or

5753.
,
or 5755.

of the Revised Code.

(C)
No F or F-2 permit shall be issued for an event until the applicant
has, by means of a form that the division shall provide to the
applicant, notified the chief peace officer of the political
subdivision in which the event will be conducted of the date, time,
place, and duration of the event.

(D)
The division of liquor control shall notify an applicant for a permit
authorized by sections 4303.02 to 4303.23 of the Revised Code of an
action pending or judgment entered against a liquor permit premises,
of which the division has knowledge, pursuant to section 3767.03 or
3767.05 of the Revised Code if the applicant is applying for a permit
at the location of the premises that is the subject of the action
under section 3767.03 or judgment under section 3767.05 of the
Revised Code.

Sec.
4501.06.
The
taxes, fees, and fines levied, charged, or referred to in Chapters
4501., 4503., 4504., 4505., 4506., 4507., 4509., 4510., 4511., 4517.,
4519., and 4521., division (A) of section 4508.06, and sections
2935.27, 3123.59, 4508.05, 4513.53, 4738.06, 4738.13,
4787.05,

and
5502.12 of the Revised Code, unless otherwise designated by law,
shall be deposited in the state treasury to the credit of the public
safety - highway purposes fund, which is hereby created. Money
credited to the fund shall be used for the purpose of enforcing and
paying the expenses of administering the laws relative to the
registration and operation of motor vehicles on the public roads or
highways and to the powers and duties of the registrar of motor
vehicles. Amounts credited to the fund may also be used to pay the
expenses of administering and enforcing the laws under which such
fees were collected. All investment earnings of the public safety -
highway purposes fund shall be credited to the fund.

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 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.

(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 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.

(L)
"Traffic camera dealer" means a person licensed to sell,
rent, provide, install, repair, or otherwise manage traffic law
photo-monitoring devices under Chapter 4787. of the Revised Code.

Sec.
4511.096.
(A)
A law enforcement officer employed by a local authority utilizing a
traffic law photo-monitoring device shall examine evidence of alleged
traffic law violations recorded by the device to determine whether
such a violation has occurred. If the image recorded by the traffic
law photo-monitoring device shows such a violation, contains the date
and time of the violation, and shows the letter and numerals on the
license plate of the vehicle involved as well as the state that
issued the license plate, the officer may use any lawful means to
identify the registered owner.

(B)
The fact that a person or entity is the registered owner of a motor
vehicle is prima facie evidence that that person or entity is the
person who was operating the vehicle at the time of the traffic law
violation.

(C)
Within thirty days of the traffic law violation

and not more than seventy-two hours after receipt of the evidence of
the alleged traffic law violations from a licensed traffic camera
dealer
,
the local authority or its designee may issue and send by regular
mail a ticket charging the registered owner with the violation. The
ticket shall comply with section 4511.097 of the Revised Code. If the
local authority mails a ticket charging the registered owner with the
violation, the local authority shall file a certified copy of the
ticket with the municipal court or county court with jurisdiction
over the civil action.

(D)
A certified copy of the ticket alleging a traffic law violation,
sworn to or affirmed by a law enforcement officer employed by the
local authority, including by electronic means, and the recorded
images produced by the traffic law photo-monitoring device, is prima
facie evidence of the facts contained therein and is admissible in a
civil action or proceeding concerning the ticket issued under this
section.

Sec.
4511.0911.
(A)
Upon request, each
manufacturer
of a traffic law photo-monitoring device
traffic
camera dealer
shall
provide to a local authority utilizing its devices the maintenance
record of any such device used in that local authority.

(B)(1)

Commencing
January 2015, not
Not

later
than the last day of January of each year, the
manufacturer
of a traffic law photo-monitoring device
traffic
camera dealer
shall
provide to the applicable local authority a certificate of proper
operation that attests to the accuracy of the device in recording a
traffic law violation.

(2)
In addition to the requirement prescribed in division (B)(1) of this
section, for every such device that is considered mobile, meaning it
is attached to a trailer, vehicle, or other wheeled apparatus so that
it is easily moved to different system locations, both of the
following apply:

(a)
Each local authority shall test the accuracy of each such device with
an independent, certified speed measuring device or some other
commonly accepted method prior to its use at each system location.

(b)
Each local authority shall clearly and conspicuously mark on the
outside of the trailer, vehicle, or wheeled apparatus that contains
the traffic law photo-monitoring device that the device is contained
therein and that the trailer, vehicle, or wheeled apparatus is the
property of the local authority.

(C)
In the case of a traffic law photo-monitoring device that is used at
an intersection to detect violations 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,
the local authority shall not issue a ticket for a violation based
upon evidence recorded by a traffic law photo-monitoring device when
a vehicle makes a legal right or left turn-on-red-signal if all of
the following apply:

(1)
The vehicle can make the turn safely.

(2)
The vehicle comes to a complete stop at any point prior to completing
the turn.

(3)
No pedestrians are in the crosswalk, or are about to enter the
crosswalk, of any approach to the intersection the vehicle occupies
while commencing or making the turn.

Sec.
4787.01.
As
used in this chapter:

"Business"
includes any activities engaged in by any person for the object of
gain, benefit, or advantage either direct or indirect.

"Person"
includes an individual, corporation, business trust, partnership, and
association. "Person" does not include a political
subdivision.

"Registered
owner," "ticket," "traffic law photo-monitoring
device," and "traffic law violation" have the same
meanings as in section 4511.092 of the Revised Code.

Sec.
4787.02.
(A)
Except as provided in division (B) of this section, no person shall
engage in the business of selling, renting, providing, installing,
repairing, or otherwise managing traffic law photo-monitoring devices
without first obtaining a traffic camera dealer's license pursuant to
this chapter.

(B)
When a partnership 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.

Sec.
4787.03.
(A)
A person desiring to sell, rent, provide, install, repair, or
otherwise manage traffic law photo-monitoring devices shall apply for
a traffic camera dealer's license with the division of industrial
compliance within the department of commerce on a form provided by
the division.

(B)
An application made under this section shall contain all of the
following:

(1)(a)
If an applicant is an individual or sole proprietor, the name,
residence address, and business address of the applicant;

(b)
If an applicant is a partnership, the name, residence address, and
business address of each partner;

(c)
If an applicant is a domestic corporation, the name and business
address of the corporation and the name and residence address of the
principal officer of the corporation;

(d)
If the applicant is a corporation other than a domestic corporation,
the name and address of an agent located in this state who is
authorized to accept service of process and official notices.

(2)
The name of any political subdivision with which the applicant
intends to conduct business;

(3)
A statement of the previous history, record, and association of the
applicant and of each owner, partner, officer, and director, that
shall be sufficient to establish the applicant's business reputation;

(4)
A statement showing whether the applicant has previously applied for
a traffic camera dealer's license, the result of the application, and
whether the applicant has ever been the holder of a license that was
revoked or suspended;

(5)
A statement specifying the type of traffic law photo-monitoring
devices sold, rented, provided, installed, repaired, or otherwise
managed by the applicant and certifying the schedule of maintenance
and calibration conducted on such devices;

(6)
Evidence that the applicant is bonded or insured to an amount of not
less than one million dollars;

(7)
Any other information required by the division.

(C)
The division shall not issue a traffic camera dealer's license to any
applicant to which any of the following apply:

(1)
The applicant has been convicted of or pleaded guilty or no contest
to a disqualifying offense specified on the list the division adopts
pursuant to division (B) of section 9.79 of the Revised Code, and the
division determines that the license should be denied using the
process described in that section.

(2)
The applicant has violated any provision of this chapter.

(3)
The applicant has violated any rule adopted pursuant to this chapter.

(4)
The applicant has demonstrated incompetence or untrustworthiness.

(5)
The applicant has engaged in fraud, misrepresentation, or deception
in the conduct of business.

(6)
The applicant has obtained or attempted to obtain a license or
renewal of such license pursuant to this chapter by means of fraud,
deception, or misrepresentation.

(7)
The applicant has obtained or attempted to obtain an order, ruling,
or authorization from the division by means of fraud or
misrepresentation.

(D)
Upon approval of an application made under this section, the division
shall issue a license to the applicant.

(E)
Any license issued under this section is valid for one year and may
be renewed.

(F)
The division shall share with the tax commissioner any information
pertaining to licenses issued pursuant to this section that is
necessary for the commissioner to administer the tax levied under
section 5755.02 of the Revised Code.

Sec.
4787.04.
(A)
At the time of making the initial or renewal application for a
traffic camera dealer license under section 4787.03 of the Revised
Code, the applicant shall pay a licensing fee of one hundred thousand
dollars per traffic law photo-monitoring device that the applicant
sells, rents, provides, installs, repairs, or otherwise manages in
the state to the division of industrial compliance within the
department of commerce. All proceeds of the fee shall be deposited in
the traffic camera dealer license fund, which is hereby created.

(B)(1)
The division shall first use money in the fund for purposes of
administering this chapter.

(2)
Once each year, the division shall transfer any amount remaining in
the traffic camera dealer license fund, that was not necessary for
its administrative costs that prior year, to the director of budget
and management for deposit into the state post-traumatic stress
disorder fund established in section 126.65 of the Revised Code.

Sec.
4787.05.
(A)
A traffic camera dealer licensee shall ensure that installation,
repair, service, and maintenance of a traffic law photo-monitoring
device is performed in accordance with state and local laws and with
any generally accepted standards referenced in such laws or related
rules. A licensee shall annually provide to the division of
industrial compliance within the department of commerce and to the
department of public safety a certificate of proper operation that
attests to the accuracy of its devices in recording traffic law
violations.

When
any material alteration is made to a traffic law photo-monitoring
device, the licensee involved shall ensure that the device adheres to
any appropriate standards for the alteration.

(B)(1)
At least once each month, the department of public safety shall test
the calibration of each traffic law photo-monitoring device located
in this state.

(2)
The traffic camera dealer licensee that installs, repairs, services,
or maintains that traffic law photo-monitoring device shall pay the
department of public safety a five-thousand-dollar fee for each
calibration test conducted by the department.

(3)
The fees collected under division (B)(2) of this section shall be
deposited into the following two funds:

(a)
The public safety - highway purposes fund established in section
4501.06 of the Revised Code in the amounts necessary to pay the costs
of calibrating the devices and the costs incurred by the state
highway patrol for the expense of state enforcement of traffic laws;

(b)
The state post-traumatic stress disorder fund established in section
126.65 of the Revised Code in whatever amounts remain after deposits
in accordance with division (B)(3)(a) of this section.

Sec.
4787.06.
A
licensed traffic camera dealer shall send a notice by regular mail
for each ticket mailed to a registered owner under section 4511.096
of the Revised Code for an alleged traffic law violation captured by
that dealer's traffic law photo-monitoring device. The notice shall
inform the registered owner of the appeals process available to the
owner, based on the elections specified under section 4511.098 of the
Revised Code. The notice shall be mailed within forty-eight hours of
the local authority mailing the ticket to the registered owner.

Sec.
4787.99.
Notwithstanding
section 2929.31 of the Revised Code, whoever knowingly violates
section 4787.02, division (A) or (B)(2) of section 4787.05, or
section 4787.06 of the Revised Code is guilty of a misdemeanor of the
first degree and shall be fined one thousand dollars. Each day of
violation constitutes a separate offense.

Sec.
5703.052.
(A)
There is hereby created in the state treasury the tax refund fund,
from which refunds shall be paid for amounts illegally or erroneously
assessed or collected, or for any other reason overpaid, with respect
to taxes levied by Chapter 4301., 4305., 5726., 5728., 5729., 5731.,
5733., 5735., 5736., 5739., 5741., 5743., 5747., 5748., 5749., 5751.,

or

5753.
,
or 5755.

and sections 3737.71, 3905.35, 3905.36, 4303.33, 5707.03, 5725.18,
5727.28, 5727.38, 5727.81, and 5727.811 of the Revised Code. Refunds
for fees levied under sections 3734.90 to 3734.9014 of the Revised
Code, wireless 9-1-1 charges imposed under section 128.40 of the
Revised Code, next generation 9-1-1 access fees imposed under
sections 128.41 and 128.42 of the Revised Code, or any penalties
assessed with respect to such fees or charges, that are illegally or
erroneously assessed or collected, or for any other reason overpaid,
also shall be paid from the fund. Refunds for amounts illegally or
erroneously assessed or collected by the tax commissioner, or for any
other reason overpaid, that are due under section 1509.50 of the
Revised Code shall be paid from the fund. Refunds for amounts
illegally or erroneously assessed or collected by the commissioner,
or for any other reason overpaid to the commissioner, under sections
718.80 to 718.95 of the Revised Code shall be paid from the fund.
However, refunds for amounts illegally or erroneously assessed or
collected by the commissioner, or for any other reason overpaid to
the commissioner, with respect to taxes levied under section 5739.101
of the Revised Code shall not be paid from the tax refund fund, but
shall be paid as provided in section 5739.104 of the Revised Code.

(B)(1)
Upon certification by the tax commissioner to the treasurer of state
of a tax refund, a wireless 9-1-1 charge refund, a next generation
9-1-1 access fee refund, or another amount refunded, or by the
superintendent of insurance of a domestic or foreign insurance tax
refund, the treasurer of state shall place the amount certified to
the credit of the fund. The certified amount transferred shall be
derived from the receipts of the same tax, fee, wireless 9-1-1
charge, next generation 9-1-1 access fee, or other amount from which
the refund arose.

(2)
When a refund is for a tax, fee, wireless 9-1-1 charge, next
generation 9-1-1 access fee, or other amount that is not levied by
the state or that was illegally or erroneously distributed to a
taxing jurisdiction, the tax commissioner shall recover the amount of
that refund from the next distribution of that tax, fee, wireless
9-1-1 charge, next generation 9-1-1 access fee, or other amount that
otherwise would be made to the taxing jurisdiction. If the amount to
be recovered would exceed twenty-five per cent of the next
distribution of that tax, fee, wireless 9-1-1 charge, next generation
9-1-1 access fee, or other amount, the commissioner may spread the
recovery over more than one future distribution, taking into account
the amount to be recovered and the amount of the anticipated future
distributions. In no event may the commissioner spread the recovery
over a period to exceed thirty-six months.

Sec.
5703.053.
As
used in this section, "postal service" means the United
States postal service.

An
application to the tax commissioner for a tax refund under section
4307.05, 4307.07, 718.91, 5726.30, 5727.28, 5727.91, 5728.061,
5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5736.08, 5739.07,
5741.10, 5743.05, 5743.53, 5745.11, 5749.08,
or

5751.08
,
or 5755.07

of the Revised Code or division (B) of section 5703.05 of the Revised
Code, or a fee refunded under section 3734.905 of the Revised Code,
that is received after the last day for filing under such section
shall be considered to have been filed in a timely manner if:

(A)
The application is delivered by the postal service and the earliest
postal service postmark on the cover in which the application is
enclosed is not later than the last day for filing the application;

(B)
The application is delivered by the postal service, the only postmark
on the cover in which the application is enclosed was affixed by a
private postal meter, the date of that postmark is not later than the
last day for filing the application, and the application is received
within seven days of such last day; or

(C)
The application is delivered by the postal service, no postmark date
was affixed to the cover in which the application is enclosed or the
date of the postmark so affixed is not legible, and the application
is received within seven days of the last day for making the
application.

Sec.
5703.19.
(A)
To carry out the purposes of the laws that the tax commissioner is
required to administer, the commissioner or any person employed by
the commissioner for that purpose, upon demand, may inspect books,
accounts, records, and memoranda of any person or public utility
subject to those laws, and may examine under oath any officer, agent,
or employee of that person or public utility. Any person other than
the commissioner who makes a demand pursuant to this section shall
produce the person's authority to make the inspection.

(B)
If a person or public utility receives at least ten days' written
notice of a demand made under division (A) of this section and
refuses to comply with that demand, a penalty of five hundred dollars
shall be imposed upon the person or public utility for each day the
person or public utility refuses to comply with the demand. Penalties
imposed under this division may be assessed and collected in the same
manner as assessments made under Chapter 3769., 4305., 5727., 5728.,
5733., 5735., 5736., 5739., 5743., 5745., 5747., 5749., 5751.,
or

5753.
,
or 5755.
,
or
under

sections
718.90
,

or

3734.90 to 3734.9014
,

of the Revised Code.

Sec.
5703.263.
(A)(1)
"Tax return preparer" means any person other than an
accountant or an attorney that operates a business that prepares, or
directly or indirectly employs another person to prepare, for a
taxpayer a tax return or application for refund in exchange for
compensation or remuneration from the taxpayer or the taxpayer's
related member. The preparation of a substantial portion of a tax
return or application for refund shall be considered to be the same
as the preparation of the return or application for refund. "Tax
return preparer" does not include an individual who performs
only one or more of the following activities:

(a)
Furnishes typing, reproducing, or other mechanical assistance;

(b)
Prepares an application for refund or a return on behalf of an
employer by whom the individual is regularly and continuously
employed, or on behalf of an officer or employee of that employer;

(c)
Prepares as a fiduciary an application for refund or a return;

(d)
Prepares an application for refund or a return for a taxpayer in
response to a notice of deficiency issued to the taxpayer or the
taxpayer's related member, or in response to a waiver of restriction
after the commencement of an audit of the taxpayer or the taxpayer's
related member.

(2)
"Related member" has the same meaning as in section
5733.042 of the Revised Code.

(3)
"Accountant" means any of the following:

(a)
An individual who holds both a CPA certificate and an Ohio permit or
Ohio registration issued by the accountancy board under section
4701.10 of the Revised Code;

(b)
An individual who holds a foreign certificate;

(c)
An individual who is employed by a public accounting firm with
respect to any return prepared under the supervision of an individual
described in division (A)(3)(a) or (b) of this section, regardless of
whether the public accounting firm is required to register with the
accountancy board under section 4701.04 of the Revised Code.

(4)
"CPA certificate" and "foreign certificate" have
the same meanings as in section 4701.01 of the Revised Code.

(5)
"Attorney" means an individual who has been admitted to the
bar by order of the supreme court in compliance with its prescribed
and published rules, is permitted to practice as an attorney and
counselor at law in this state under Chapter 4705. of the Revised
Code, and is not currently suspended or removed from such practice
under that chapter.

(6)
A tax return preparer engages in "prohibited conduct" if
the preparer does any of the following:

(a)
Prepares any return or application for refund that includes an
understatement of a taxpayer's tax liability due to an unreasonable
position or due to willful or reckless conduct. For the purposes of
this division, "unreasonable position" and "willful or
reckless conduct" have the meanings as used in section 6694 of
the Internal Revenue Code.

(b)
When required under any provision of Title LVII of the Revised Code,
the preparer fails to do any of the following:

(i)
Provide copies of a return or application for refund;

(ii)
Provide the preparer's signature or federal preparer tax
identification number on a return or application for refund;

(iii)
Retain copies of the preparer's records;

(iv)
Provide any information or documents requested by the tax
commissioner;

(v)
Act diligently in determining a taxpayer's eligibility for tax
credits, deductions, or exemptions.

(c)
Negotiates a check or other negotiable instrument issued to a
taxpayer by the department of taxation without the permission of the
taxpayer;

(d)
Engages in any conduct subject to criminal penalties under Title LVII
of the Revised Code;

(e)
Misrepresents the preparer's eligibility to file returns or
applications for refund on behalf of taxpayers, or otherwise
misrepresents the preparer's experience or education;

(f)
Guarantees the payment of any tax refund or the allowance of any tax
credit, deduction, or exemption;

(g)
Engages in any other fraudulent or deceptive conduct that
substantially interferes with the proper administration of any
provision of Title LVII of the Revised Code.

(7)
"State" means a state of the United States, the District of
Columbia, the commonwealth of Puerto Rico, or any territory or
possession of the United States.

(B)
When a tax return preparer engages in prohibited conduct, the
commissioner, may do either or both of the following:

(1)
If the commissioner has previously warned the tax return preparer in
writing of the consequences of continuing to engage in prohibited
conduct, impose a penalty not exceeding one hundred dollars per
instance of prohibited conduct;

(2)
Regardless of whether the commissioner has previously warned the tax
return preparer, request that the attorney general apply to a court
of competent jurisdiction for an injunction to restrain the preparer
from further engaging in the prohibited conduct. The court may take
either of the following actions:

(a)
If the court finds that injunctive relief is appropriate to prevent
the recurrence of the prohibited conduct, the court shall issue an
injunction against the preparer enjoining the preparer from engaging
in such conduct.

(b)
If the court finds that the preparer has continually or repeatedly
engaged in prohibited conduct, and that enjoining the preparer solely
from engaging in such conduct would not be sufficient to prevent the
preparer's interference with the proper administration of any
provision of Title LVII of the Revised Code, the court may issue an
injunction against the preparer enjoining the preparer from acting as
a tax return preparer in this state.

If
a tax return preparer has been enjoined from preparing tax returns or
applications for refunds by a federal court or by another state court
in the five years preceding the date on which an injunction is
requested under this section, that prior injunction shall be
sufficient to establish a prima facie case for the issuance of an
injunction under division (B)(2) of this section.

(C)
The commissioner may require a tax return preparer to include the
preparer's name and federal preparer tax identification number when
filing any return or application for refund. If a tax return preparer
fails to include this information when required to do so by the
commissioner, or if the information provided is false, inaccurate, or
incomplete, the commissioner may impose a penalty of fifty dollars
for each such failure, provided that the maximum penalty imposed on a
preparer under this division in a calendar year shall not exceed
twenty-five thousand dollars.

(D)
The penalties imposed under divisions (B)(1) and (C) of this section
may be assessed and collected in the same manner as assessments made
under Chapter 3769., 4305., 5727., 5728., 5733., 5735., 5736., 5739.,
5743., 5745., 5747., 5749., 5751.,
or

5753.,

or
5755.
section
718.90, or sections 3734.90 to 3734.9014 of the Revised Code. The
commissioner may abate all or a portion of any penalty imposed under
this section upon the showing of good cause by the tax return
preparer.

Sec.
5703.50.
As
used in sections 5703.50 to 5703.53 of the Revised Code:

(A)
"Tax" includes only those taxes imposed on tangible
personal property listed in accordance with Chapter 5711. of the
Revised Code, taxes imposed under Chapters 5733., 5736., 5739.,
5741., 5747.,
and

5751.
,
and 5755.

of the Revised Code, and the tax administered under sections 718.80
to 718.95 of the Revised Code.

(B)
"Taxpayer" means a person subject to or potentially subject
to a tax including an employer required to deduct and withhold any
amount under section 5747.06 of the Revised Code.

(C)
"Audit" means the examination of a taxpayer or the
inspection of the books, records, memoranda, or accounts of a
taxpayer for the purpose of determining liability for a tax.

(D)
"Assessment" means a notice of underpayment or nonpayment
of a tax issued pursuant to section 718.90, 5711.26, 5711.32,
5733.11, 5736.09, 5739.13, 5741.11, 5741.13, 5747.13,
or

5751.09
,
or 5755.08

of the Revised Code.

(E)
"County auditor" means the auditor of the county in which
the tangible personal property subject to a tax is located.

Sec.
5703.70.
(A)
On the filing of an application for refund under section 718.91,
3734.905, 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061,
5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5735.18,
5736.08, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,
5747.11, 5749.08, 5751.08,
or

5753.06
,
or 5755.07

of the Revised Code, or an application for compensation under section
5739.061 of the Revised Code, if the tax commissioner determines that
the amount of the refund or compensation to which the applicant is
entitled is less than the amount claimed in the application, the
commissioner shall give the applicant written notice by ordinary mail
of the amount. The notice shall be sent to the address shown on the
application unless the applicant notifies the commissioner of a
different address. The applicant shall have sixty days from the date
the commissioner mails the notice to provide additional information
to the commissioner or request a hearing, or both.

(B)
If the applicant neither requests a hearing nor provides additional
information to the tax commissioner within the time prescribed by
division (A) of this section, the commissioner shall take no further
action, and the refund or compensation amount denied becomes final.

(C)(1)
If the applicant requests a hearing within the time prescribed by
division (A) of this section, the tax commissioner shall assign a
time and place for the hearing and notify the applicant of such time
and place, but the commissioner may continue the hearing from time to
time, as necessary. After the hearing, the commissioner may make such
adjustments to the refund or compensation as the commissioner finds
proper, and shall issue a final determination thereon.

(2)
If the applicant does not request a hearing, but provides additional
information, within the time prescribed by division (A) of this
section, the commissioner shall review the information, make such
adjustments to the refund or compensation as the commissioner finds
proper, and issue a final determination thereon. The commissioner may
review such information and make such adjustments as many times as
the commissioner finds proper before the issuance of a final
determination.

(3)
If the applicant requests a hearing and provides additional
information within the time prescribed by division (A) of this
section, the commissioner may review the information and make such
adjustments to the refund or compensation as the commissioner finds
proper. The commissioner may review such information and make such
adjustments as many times as the commissioner finds proper before the
issuance of a final determination.

The
commissioner shall assign a time and place for the hearing and notify
the applicant of such time and place, but the commissioner may
continue the hearing from time to time, as necessary. After the
hearing, the commissioner may make any additional adjustments to the
refund or compensation as the commissioner finds proper and shall
issue a final determination thereon.

(4)
The commissioner shall serve a copy of the final determination made
under division (C)(1), (2), or (3) of this section on the applicant
in the manner provided in section 5703.37 of the Revised Code, and
the decision is final, subject to appeal under section 5717.02 of the
Revised Code.

(D)
The tax commissioner shall certify to the director of budget and
management and treasurer of state for payment from the tax refund
fund created by section 5703.052 of the Revised Code, the amount of
the refund to be refunded under division (B) or (C) of this section.
The commissioner also shall certify to the director and treasurer of
state for payment from the general revenue fund the amount of
compensation to be paid under division (B) or (C) of this section.

Sec.
5703.77.
(A)
As used in this section:

(1)
"Taxpayer" means a person subject to or previously subject
to a tax or fee, a person that remits a tax or fee, or a person
required to or previously required to withhold or collect and remit a
tax or fee on behalf of another person.

(2)
"Tax or fee" means a tax or fee administered by the tax
commissioner.

(3)
"Credit account balance" means the amount that a taxpayer
remits to the state in excess of the amount required to be remitted,
after accounting for factors applicable to the taxpayer such as
accelerated payments, estimated payments, tax credits, and tax credit
balances that may be carried forward.

(4)
"Tax debt" means an unpaid tax or fee or any unpaid
penalty, interest, or additional charge on such a tax or fee due the
state.

(B)
As soon as practicable, but not later than sixty days before the
expiration of the period of time during which a taxpayer may file a
refund application for a tax or fee, the tax commissioner shall
review the taxpayer's accounts for the tax or fee and notify the
taxpayer of any credit account balance for which the commissioner is
required to issue a refund if the taxpayer were to file a refund
application for that balance, regardless of whether the taxpayer
files a refund application or amended return with respect to that tax
or fee. The notice shall be made using contact information for the
taxpayer on file with the commissioner.

(C)
Notwithstanding sections 128.47, 718.91, 3734.905, 4307.05, 5726.30,
5727.28, 5727.42, 5727.91, 5728.061, 5735.122, 5736.08, 5739.07,
5739.104, 5741.10, 5743.05, 5743.53, 5747.11, 5749.08, 5751.08,
5753.06,
5755.07,

and
any other section of the Revised Code governing refunds, the
commissioner may apply the amount of any credit account balance for
which the commissioner is required to issue a refund if the taxpayer
were to file a refund application for that balance as a credit
against the taxpayer's liability for the tax or fee in the taxpayer's
next reporting period for that tax or fee or issue a refund of that
credit account balance to the taxpayer, subject to division (D) of
this section.

(D)
Before issuing a refund to a taxpayer under division (C) of this
section, the tax commissioner shall withhold from that refund the
amount of any of the taxpayer's tax debt certified to the attorney
general under section 131.02 of the Revised Code and the amount of
the taxpayer's liability, if any, for a tax debt. The commissioner
shall apply any amount withheld first in satisfaction of the amount
of the taxpayer's certified tax debt and then in satisfaction of the
taxpayer's liability. If the credit account balance originates from
the tax administered under sections 718.80 to 718.95 of the Revised
Code, it may be applied only against the taxpayer's certified tax
debt or tax liability due under those sections.

(E)
The tax commissioner may adopt rules to administer this section.

Sec.
5755.01.
As
used in this chapter:

(A)
"Traffic camera revenue" means the total revenue received
on or after January 1, 2026, by a traffic camera dealer pursuant to a
contract with a municipal corporation for the sale, rental,
installation, repair, or management of traffic law photo-monitoring
devices.

(B)
"Traffic camera dealer" and "traffic law
photo-monitoring device" have the same meanings as in section
4511.092 of the Revised Code.

(C)
"Calendar quarter" means a three-month period ending on the
thirty-first day of March, the thirtieth day of June, the thirtieth
day of September, or the thirty-first day of December.

(D)
"Tax period" means the calendar quarter on the basis of
which a taxpayer is required to pay the tax imposed under this
chapter.

(E)
"Agent" and "received" have the same meanings as
in section 5751.01 of the Revised Code.

(F)
"Taxpayer" means any person liable for the tax imposed by
this chapter.

Sec.
5755.02.
(A)
For the purpose of funding post-traumatic stress disorder treatment
services for public safety officers, a tax is hereby levied on the
traffic camera revenue of a traffic camera dealer at the rate of
eight per cent of the traffic camera revenue received by the dealer
for the tax period.

(B)
The tax imposed by this section is in addition to any other taxes or
fees imposed under the Revised Code.

Sec.
5755.03.
(A)
Not later than thirty days after first receiving gross receipts, a
traffic camera dealer shall register with the tax commissioner by
submitting all of the following:

(1)
A copy of the license issued to the traffic camera dealer under
Chapter 4787. of the Revised Code;

(2)
The dealer's federal employer identification number or social
security number or equivalent, as applicable;

(3)
All other information that the commissioner requires to administer
and enforce this chapter.

(B)
If a traffic camera dealer that is required to register with the
commissioner does not do so within the time prescribed by division
(A) of this section, an additional fee is imposed in the amount of
one hundred dollars per month or part thereof that the fee is
outstanding, not to exceed one thousand dollars. The commissioner may
abate the additional fee for good cause. The fee may be assessed in
the same manner as the tax imposed under this chapter.

(C)
Proceeds from the fees imposed under division (B) of this section
shall be credited to the traffic camera receipts fund created in
section 5755.13 of the Revised Code.

(D)
A traffic camera dealer that is registered with the commissioner
under division (A) of this section shall notify the commissioner if a
license issued to the dealer under Chapter 4787. of the Revised Code
expires or is revoked.

Sec.
5755.04.
Not
later than the tenth day of the second month after the end of each
calendar quarter, every taxpayer shall file with the tax commissioner
a return for the preceding calendar quarter showing any information
the commissioner finds necessary for the proper administration of
this chapter, together with remittance of the tax due.

Sec.
5755.05.
(A)
Any taxpayer that fails to file a return or pay the full amount of
the tax due within the period prescribed under section 5755.04 of the
Revised Code shall pay a penalty in an amount not exceeding the
greater of fifty dollars or ten per cent of the tax required to be
paid for the tax period.

(B)(1)
If any additional tax is found to be due, the tax commissioner may
impose an additional penalty of up to fifteen per cent of the
additional tax found to be due.

(2)
Any delinquent payments made after a taxpayer is notified of an audit
or a tax discrepancy by the commissioner are subject to the penalty
imposed by division (B)(1) of this section. If an assessment is
issued under section 5755.08 of the Revised Code in connection with
such delinquent payments, the payments shall be credited to the
assessment.

(C)
If the commissioner notifies a taxpayer required to register under
section 5755.03 of the Revised Code of such requirement and of the
requirement to remit the tax due under this chapter, and the taxpayer
fails to so register and remit the tax within sixty days after the
notice, the commissioner may impose an additional penalty of up to
thirty-five per cent of the tax due. The penalty imposed under this
division is in addition to any other penalties imposed under this
section.

(D)
The commissioner may collect any penalty or interest imposed by this
section in the same manner as the tax imposed under this chapter.
Penalties and interest so collected shall be considered as revenue
arising from the tax imposed under this chapter.

(E)
The commissioner may abate all or a portion of any penalties imposed
under this section and may adopt rules governing such abatements.

(F)
If any tax due is not timely paid within the period prescribed under
section 5755.04 of the Revised Code, the taxpayer shall pay interest,
calculated at the rate per annum prescribed by section 5703.47 of the
Revised Code, from the date the tax payment was due to the date of
payment or to the date an assessment was issued, whichever occurs
first.

(G)
The commissioner may impose a penalty of up to ten per cent for any
additional tax that is due from a taxpayer that reports incorrect
information.

Sec.
5755.06.
(A)
Any taxpayer required to file returns under section 5755.04 of the
Revised Code shall remit each tax payment, and, if required by the
tax commissioner, file each tax return, electronically. The
commissioner may require taxpayers to use the Ohio business gateway
as defined in section 718.01 of the Revised Code to file returns and
remit the taxes, or may provide another means for taxpayers to file
and remit the taxes electronically.

(B)
A taxpayer required to remit taxes or file returns electronically
under division (A) of this section may apply to the commissioner, on
a form prescribed by the commissioner, to be excused from that
requirement. The commissioner may excuse a taxpayer from the
requirements of this section for good cause.

(C)(1)
If a taxpayer required to remit tax or file a return electronically
under division (A) of this section fails to do so, the commissioner
may impose a penalty not to exceed the following:

(a)
For either of the first two tax periods the taxpayer so fails, the
greater of twenty-five dollars or five per cent of the amount of the
payment that was required to be remitted;

(b)
For the third and any subsequent tax periods the taxpayer so fails,
the greater of fifty dollars or ten per cent of the amount of the
payment that was required to be remitted.

(2)
The penalty imposed under division (C)(1) of this section is in
addition to any other penalty imposed under this chapter and shall be
considered as revenue arising from the tax imposed under this
chapter. A penalty may be collected by assessment in the manner
prescribed by section 5755.08 of the Revised Code. The commissioner
may abate all or a portion of such a penalty.

(D)
The commissioner may adopt rules necessary to administer this
section.

Sec.
5755.07.
(A)
An application for refund to the taxpayer of amounts paid pursuant to
this chapter that is overpaid, paid illegally or erroneously, or paid
on any illegal or erroneous assessment shall be filed by the taxpayer
with the tax commissioner, on a form prescribed by the commissioner,
within four years after the date of the illegal or erroneous payment
of the taxes, or within any additional period allowed under division
(F) of section 5755.08 of the Revised Code. The applicant shall
provide the amount of the requested refund along with the claimed
reasons for, and documentation to support, the issuance of a refund.

(B)
On the filing of the refund application, the commissioner shall
determine the amount of refund to which the applicant is entitled. If
the amount is not less than that claimed, the commissioner shall
certify the amount to the director of budget and management and
treasurer of state for payment from the tax refund fund created under
section 5703.052 of the Revised Code. If the amount is less than that
claimed, the commissioner shall proceed in accordance with section
5703.70 of the Revised Code.

(C)
Interest on a refund applied for under this section, computed at the
rate provided for in section 5703.47 of the Revised Code, shall be
allowed from the later of the date the tax was paid or when the tax
payment was due.

(D)
Except as provided in section 5755.071 of the Revised Code, the
commissioner may, with the consent of the taxpayer, provide for the
crediting, against tax due for any tax period, of the amount of any
refund due to the taxpayer under this section for a preceding tax
period.

Sec.
5755.071.
As
used in this section, "debt to this state" means unpaid
taxes due the state, unpaid workers' compensation premiums due under
section 4123.35 of the Revised Code, unpaid unemployment compensation
contributions due under section 4141.25 of the Revised Code, unpaid
unemployment compensation payment in lieu of contribution under
section 4141.241 of the Revised Code, unpaid fees payable to the
state or to the clerk of courts pursuant to section 4505.06 of the
Revised Code, incorrect payments for medicaid services under the
medicaid program, or any unpaid charge, penalty, or interest arising
from any of the foregoing.

If
a taxpayer entitled to a refund under section 5755.07 of the Revised
Code owes any debt to this state, the amount refundable may be
applied in satisfaction of the debt. If the amount refundable is less
than the amount of the debt, it may be applied in partial
satisfaction of the debt. If the amount refundable is greater than
the amount of the debt, the amount remaining after satisfaction of
the debt shall be refunded. This section applies only to debts that
have become final. For the purposes of this section, a debt becomes
final when, under the applicable law, any time provided for petition
for reassessment, request for reconsideration, or other appeal of the
legality or validity of the amount giving rise to the debt expires
without an appeal having been filed in the manner provided by law.

Sec.
5755.08.
(A)
The tax commissioner may make an assessment, based on any information
in the commissioner's possession, against any person that fails to
file a return or pay tax as required under section 5755.04 of the
Revised Code. The commissioner shall give the person assessed written
notice of the assessment as provided in section 5703.37 of the
Revised Code. With the notice, the commissioner shall provide
instructions on the manner in which to petition for reassessment and
request a hearing with respect to the petition.

(B)
Unless the person assessed, within sixty days after service of the
notice of assessment, files with the commissioner, either personally
or by certified mail, a written petition signed by the person or the
person's authorized agent having knowledge of the facts, the
assessment becomes final, and the amount of the assessment is due and
payable from the person assessed to the treasurer of state. The
petition shall indicate the objections of the person assessed, but
additional objections may be raised in writing if received by the
commissioner before the date shown on the final determination.

If
a petition for reassessment has been properly filed, the commissioner
shall proceed under section 5703.60 of the Revised Code.

(C)(1)
After an assessment becomes final, if any portion of the assessment,
including accrued interest, remains unpaid, a certified copy of the
commissioner's entry making the assessment final may be filed in the
office of the clerk of the court of common pleas in the county in
which the person resides or has its principal place of business in
this state, or in the office of the clerk of the court of common
pleas of Franklin county.

(2)
Immediately upon the filing of the entry, the clerk shall enter
judgment for the state against the person assessed in the amount
shown on the entry. The judgment may be filed by the clerk in a
loose-leaf book entitled "special judgments for the traffic
camera revenue tax" and shall have the same effect as other
judgments. Execution shall issue upon the judgment at the request of
the commissioner, and all laws applicable to sales on execution shall
apply to sales made under the judgment.

(3)
If the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
commissioner issues the assessment until it is paid or until it is
certified to the attorney general for collection under section 131.02
of the Revised Code, whichever comes first. If the unpaid portion of
the assessment is certified to the attorney general for collection,
the entire unpaid portion of the assessment shall bear interest at
the rate per annum prescribed by section 5703.47 of the Revised Code
from the date of certification until the date it is paid in its
entirety. Interest shall be paid in the same manner as the tax
imposed by this chapter and may be collected by the issuance of an
assessment under this section.

(D)
If the commissioner believes that collection of the tax imposed by
this chapter will be jeopardized unless proceedings to collect or
secure collection of the tax is instituted without delay, the
commissioner may issue a jeopardy assessment against the person
liable for the tax. Immediately upon the issuance of the jeopardy
assessment, the commissioner shall file an entry with the clerk of
the court of common pleas in the manner prescribed by division (C) of
this section. Notice of the jeopardy assessment shall be served on
the person assessed or the person's authorized agent in the manner
provided in section 5703.37 of the Revised Code within five days of
the filing of the entry with the clerk. The total amount assessed is
immediately due and payable unless the person assessed files a
petition for reassessment in accordance with division (B) of this
section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
does not prejudice the commissioner's consideration of the petition
for reassessment.

(E)
The commissioner shall immediately forward to the treasurer of state
all amounts the commissioner receives under this section, and such
amounts shall be considered as revenue arising from the tax imposed
under this chapter.

(F)
Except as otherwise provided in this division, no assessment shall be
made or issued against a taxpayer for the tax imposed under this
chapter more than four years after the due date for the filing of the
return for the tax period for which the tax was reported, or more
than four years after the return for the tax period was filed,
whichever is later. The time limit may be extended if both the
taxpayer and the commissioner consent in writing to the extension or
enter into an agreement waiving or extending the time limit. Any such
extension shall extend the four-year time limit in division (A) of
section 5755.07 of the Revised Code for the same period of time.
Nothing in this division bars an assessment against a taxpayer that
fails to file a return required under section 5755.04 of the Revised
Code or that files a fraudulent return.

(G)
If the commissioner possesses information that indicates that the
amount of tax a taxpayer is required to pay under division (A) of
section 5755.02 of the Revised Code exceeds the amount the taxpayer
paid, the commissioner may audit a sample of the taxpayer's traffic
camera revenue over a representative period of time to ascertain the
amount of tax due, and may issue an assessment based on the audit.
The commissioner shall make a good faith effort to reach agreement
with the taxpayer in selecting a representative sample. The
commissioner may apply a sampling method only if the commissioner has
prescribed the method by rule.

(H)
If the whereabouts of a person subject to this chapter is not known
to the tax commissioner, the commissioner shall follow the procedures
under section 5703.37 of the Revised Code.

Sec.
5755.09.
If
any person liable for the tax imposed under this chapter sells the
trade or business, disposes in any manner other than in the regular
course of business at least seventy-five per cent of assets of the
trade or business, or quits the trade or business, any tax owed by
such person shall become due and payable immediately, and the person
shall pay the tax due under this chapter, including any applicable
penalties and interest, within forty-five days after the date of
selling or quitting the trade or business. The person's successor
shall withhold a sufficient amount of the purchase money to cover the
amount due and unpaid until the former owner produces a receipt from
the tax commissioner showing that the amounts are paid or a
certificate indicating that no tax is due. If a purchaser fails to
withhold purchase money, that person is personally liable, up to the
purchase money amount, for such amounts that are unpaid during the
operation of the business by the former owner.

The
commissioner may adopt rules regarding the issuance of certificates
under this section, including the waiver of the need for a
certificate if certain criteria are met.

Sec.
5755.10.
If
any person subject to this chapter fails to report or pay the tax as
required under section 5755.04 of the Revised Code, or fails to pay
any penalty imposed under this chapter within ninety days after the
time prescribed for payment of the penalty, the attorney general, on
the request of the tax commissioner, shall commence an action in quo
warranto in the court of appeals of the county in which the person
resides or has its principal place of business to forfeit and annul
the person's licenses issued under Chapter 4787. of the Revised Code.
If the court finds that the person is in default for the amount
claimed, it shall render judgment revoking the person's registration
and shall otherwise proceed as provided in Chapter 2733. of the
Revised Code.

Sec.
5755.11.
(A)
The tax commissioner may prescribe requirements for the keeping of
records and other pertinent documents, the filing of copies of
federal income tax returns and determinations, and computations
reconciling federal income tax returns with the returns and reports
required by section 5755.04 of the Revised Code. The commissioner may
require any person, by rule or notice served on that person, to keep
those records that the commissioner considers necessary to show
whether, and the extent to which, a person is subject to this
chapter.

(B)
Each taxpayer shall maintain complete and accurate records of all
sales and other dispositions of traffic law photo-monitoring devices,
and shall procure and retain all invoices, bills of lading, and other
documents relating to the sales and other dispositions of such
devices. No person shall make a false entry upon any invoice or
record upon which an entry is required by this section and no person
shall present any false entry for the inspection of the commissioner
with the intent to evade the tax levied under this chapter.

(C)
The records described in divisions (A) and (B) of this section and
other documents shall be provided to the commissioner upon request,
and shall be preserved for a period of four years, unless the
commissioner, in writing, consents to their destruction within that
period, or by order requires that they be kept for a longer period.
If such records are normally kept by the person electronically, the
person shall provide such records to the commissioner electronically
at the commissioner's request.

(D)
Any information acquired by the commissioner under this chapter is
confidential as provided for in section 5703.21 of the Revised Code,
except that the commissioner shall make public an electronic list of
all actively registered persons required to remit the tax under this
chapter, including legal names, trade names, addresses, and account
numbers. In addition, the list shall include all persons that
canceled their registration at any time during the preceding four
calendar years, including the effective date of the cancellation.

Sec.
5755.12.
No
person shall prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute traffic law photo-monitoring devices,
or otherwise engage or participate in the business of distributing
traffic law photo-monitoring devices, with the intent to avoid
payment of the tax levied by this chapter.

Sec.
5755.13.
(A)
All amounts collected from the tax levied under this chapter shall be
deposited into the traffic camera receipts fund, which is created in
the state treasury. Investment earnings of the traffic camera
receipts fund shall be credited to that fund.

From
the traffic camera receipts fund, the director of budget and
management shall transfer as needed to the tax refund fund amounts
equal to the refunds certified by the tax commissioner under section
5755.07 of the Revised Code.

(B)
The director shall transfer the amount remaining in the traffic
camera receipts fund, after any transfers required under division (A)
of this section, to the state post-traumatic stress disorder fund
established in section 126.65 of the Revised Code.

Sec.
5755.14.
(A)
If any person is found to be engaged in selling, renting, providing,
installing, repairing, or otherwise managing traffic law
photo-monitoring devices in this state without holding a valid
license issued under Chapter 4787. of the Revised Code, the tax
commissioner shall impose a penalty of up to one thousand dollars.
The failure to hold a valid license under Chapter 4787. of the
Revised Code does not relieve such a person from the requirement to
file tax returns or pay any amounts, including tax, interest, and
penalties, imposed by this chapter.

(B)
The tax commissioner may issue an assessment against a person
described in division (A) of this section for any amount due under
this chapter in the same manner provided under section 5753.07 of the
Revised Code.

Sec.
5755.99.
(A)
Whoever knowingly files a fraudulent refund claim under section
5755.07 of the Revised Code shall be fined the greater of one
thousand dollars or the amount of the fraudulent refund requested, or
imprisoned not more than sixty days, or both.

(B)
Except as otherwise provided in this section, whoever knowingly
violates any section of this chapter or any rule adopted by the tax
commissioner under this chapter shall be fined not more than five
hundred dollars, or imprisoned not more than thirty days, or both.

(C)
The penalties provided in this section are in addition to any
penalties imposed by the tax commissioner under this chapter.

Section
2.
That
existing sections 131.02, 715.013, 4303.26, 4501.06, 4511.092,
4511.096, 4511.0911, 5703.052, 5703.053, 5703.19, 5703.263, 5703.50,
5703.70, and 5703.77 of the Revised Code are hereby repealed.