Am. Sub. H.B. 210Legislative Service Commission -2- Am. Sub. H.B. 210 • Expands ODOT's business logo program to provide that logo signs can be allowed within the rightsof-way of

Bill Analysis Legislative Service Commission

Am. Sub. H.B. 210 122nd General Assembly (As Passed by the House)

(excluding appropriations, fund transfers, and similar provisions)

Reps. Core, Johnson, Sykes, Thomas, O'Brien, Mead, Vesper, Thompson, Tavares, Perz, Boyd, Verich, Metzger, Cates, Fox, Corbin, Mallory, Metelsky, Wilson, Opfer, Prentiss, Roberts, Wilson, Garcia, Kasputis, Lewis, Schuler, Brading, Colonna

• Increases the amount of the State Highway Patrol's salvage title inspection fee from $25 to $40 in FY 98 and $50 in FY 99 and thereafter.

• Imposes a new general driver's license reinstatement fee of $30.

• Increases the amount of accident report fees by $1, to $3 for local agency reports and $4 for State Highway Patrol reports.

• Eliminates the ethanol credit that motor vehicle fuel dealers can claim against the motor vehicle fuel tax; the credit is equivalent to approximately 1¢ per gallon of motor vehicle fuel.

• Eliminates the program under which the Director of Health can spend motor vehicle fuel tax revenue to reimburse hospitals for care provided to indigent persons who have suffered injuries in motor vehicle accidents.

• Creates a seven-member Transportation Review Advisory Council, and makes it responsible for reviewing and approving ODOT's highway construction program and the process by which new highway construction projects are selected.

• Prescribes conditions under which the Director of Transportation can grant leases or easements on ODOT land for the construction or placement of wireless transmission towers or other wireless transmission equipment.

Legislative Service Commission -2- Am. Sub. H.B. 210

• Expands ODOT's business logo program to provide that logo signs can be allowed within the rights-of-way of any divided, multi-lane highway in a rural or rural-appearing area.

• Modifies procedures and requirements concerning the program under which ODOT's unneeded machinery, materials, and supplies can be sold or transferred to local governments or sold at public auction.

• Increases the ODOT threshold for non-competitive purchasing to the same amount as for other state agencies: $25,000 plus future inflationary adjustments.

• Regarding ODOT sales of unneeded land, authorizes the Director to reject all bids that are for less than full appraised value.

• Eliminates the mandate that the Registrar of Motor Vehicles conduct a credit card payment program for registration and license taxes and fees, and instead authorizes the Registrar to conduct the program at the Registrar's discretion.

• Prohibits the Department of Public Safety from disclosing credit card account numbers or any other information obtained when a person uses a credit card to pay registration or license taxes or fees.

• Adds debarment by another state or the federal government to the reasons for which the Director of Transportation may debar a vendor from consideration for ODOT contracts.

• Clarifies that the debarment of a contractor, and the revocation of the contractor's certificate of qualification, can occur in the same proceeding.

• Modifies the laws regulating advertising devices located along interstates and other highways and increases the maximum fine for violations of such laws from $1,000 to $5,000.

• Transfers responsibility for operation of the computer-based Ohio Criminal Justice Network from the Department of Administrative Services to the Department of Public Safety, along with associated employees and property.


• Authorizes the Registrar and Ohio Penal Industries to enter into an agreement under which certain license plate stickers can be produced in-house, instead of by Penal Industries.

• Reestablishes the Registrar's authority to issue restricted seasonal commercial driver's license waivers for persons who work in farm-related service industries.

• Requires that interest and earnings derived from certain forfeited property be deposited into the Department of Public Safety's Liquor Enforcement Contraband, Forfeiture, and Other Fund or Food Stamp Contraband, Forfeiture, and Other Fund.

• Authorizes the Director of Budget and Management to transfer excess money in the Central Registration Fund or the Law Enforcement Reimbursement Fund to the State Bureau of Motor Vehicles Fund.

• Specifies that one of the purposes for which the motor fuel tax is levied is to pay debt service on highway capital improvement bonds issued pursuant to the constitutional amendment approved by the voters in 1995.

• Repeals the authority of the Rail Development Commission to pledge the faith and credit of the state under certain conditions, and to obtain Controlling Board approval to pledge or use certain state revenues.

• Increases the threshold for non-competitively bid purchases from $5,000 to $15,000 for a regional airport authority, and from $10,000 to $15,000 for a conservancy district.

• Regarding transportation improvement districts, authorizes districts to accept loans from the federal or any state or local government, allows district projects to encompass other transportation projects besides streets and highways, and specifies that the county competitive bidding law does not apply to district contracts or projects.

• Authorizes the Director of Health to administer and enforce the alcohol testing and permit program using money transferred from the Liquor Control Fund.

• Requires that there be two assistant directors in the Department of Commerce.


TABLE OF CONTENTS

Fee increases and changes ........................................................................................ 5 Summary chart ...................................................................................................... 5 Salvage title inspection fee ................................................................................... 5 General reinstatement fee ..................................................................................... 6 Accident report fees .............................................................................................. 7

Elimination of ethanol credit .................................................................................... 7 Eliminating use of motor vehicle fuel tax for indigent person care ......................... 7 Creation of the Transportation Review Advisory Council ...................................... 8

Makeup of the Council ......................................................................................... 8 Council review of ODOT goals and written project selection process ................ 9 Council review of ODOT fiscal forecast and list of new projects ..................... 10 Council meetings, reports ................................................................................... 10

Communications towers on ODOT property ......................................................... 10 Granting of leases or easements, and issuing permits ........................................ 10 Modification of scenic character and beauty requirement ................................. 12

Expansion of business logo program ..................................................................... 12 ODOT sales and purchases ..................................................................................... 13

Sales of machinery, materials, and supplies; transfers to local governments .... 13 Purchases of machinery, materials, and supplies ............................................... 15 Sales of land ....................................................................................................... 15

Director of Transportation may debar vendors ...................................................... 16 Revocation of certificate of qualification and debarment of contractors ............... 16 Advertising devices along the interstate and other highways ................................ 16

In general ............................................................................................................ 16 Permits ................................................................................................................ 17 Removal of illegal signs ..................................................................................... 19 Prohibition .......................................................................................................... 20 Penalty ................................................................................................................ 20 Miscellaneous changes ....................................................................................... 21

Credit card payment program for motor vehicle taxes and fees ............................ 21 Program made discretionary ............................................................................... 21 Confidentiality of credit card numbers ............................................................... 21

Transfer of the Ohio Criminal Justice Network ..................................................... 22 Production of license plate stickers ........................................................................ 22 Commercial driver's license waiver for farm-related industries ............................ 22 Distribution of Central Registration Fund excesses ............................................... 22 Distribution of Law Enforcement Reimbursement Fund excesses ........................ 23 Deposits to contraband and forfeiture funds .......................................................... 23 Motor vehicle fuel tax revenue to pay highway capital improvements bonds ....... 24 Rail Development Commission bonding authority ................................................ 24


Statutory transfers from the GRF to the Rail Development Fund .......................... 25 State Infrastructure Bank ........................................................................................ 25 Creation of radio communications system funds ................................................... 26 Change of fund to which special license plate fee deposited ................................. 27 Regional airport authority and conservancy district competitive bidding thresholds ............................................................................................... 27 Transportation improvement districts ..................................................................... 27 Alcohol Testing and Permit Program funded from Liquor Control Fund ............. 28 Department of Commerce assistant directors ......................................................... 28 Effective dates for the bill's provisions .................................................................. 28

CONTENT AND OPERATION

Fee increases and changes

Summary chart

Salvage title inspection fee

(secs. 4505.11 and 4505.111)

If a motor vehicle that has been assigned a salvage title because it was wrecked or otherwise damaged is restored for normal operation, it must be inspected by the State Highway Patrol before a title allowing operation on the

Name of fee Current amount Proposed amount

Salvage title inspection fee

$25 $40 in FY 98 $50 in FY 99 and

thereafter

General driver's license reinstatement fee

$0 $30

Accident report (investigated by local agency)

$2 $3

Accident report (investigated by State Highway Patrol)

$3 $4


roads can be issued. Similarly, a person who applies for a title to a motor vehicle that has been assembled from component parts by someone other than the manufacturer must have the vehicle inspected by the Patrol before the title can be issued. The Patrol is required to charge a fee of $25 for these inspections, and the fee must be deposited to the credit of the State Highway Safety Fund. The inspection must include establishing proof of ownership of the vehicle, and an inspection of the motor number, vehicle identification number, and any equipment the Director of Public Safety requires.

The bill increases the amount of the salvage and component part title inspection fees to $40 in FY 98 and $50 in FY 99 and thereafter.

General reinstatement fee

(secs. 4507.45, 4511.191, and 4511.951; Section 22)

The bill imposes a new $30 fee on the reinstatement of a driver's license (including a commercial driver's license or nonresident operating privilege) that has been suspended, disqualified, or revoked for an indefinite period of time or for a period of at least 60 days. The fee must be collected when the person whose license was suspended, disqualified, or revoked again becomes eligible for, and requests reinstatement of the license. The Registrar of Motor Vehicles is required to deposit the fees to the credit of the State Bureau of Motor Vehicles Fund. (The State Bureau of Motor Vehicles Fund is an existing fund of the state treasury used to pay the expenses of administering the powers and duties of the Registrar.)

The new fee applies unless a different driver's license reinstatement fee is prescribed by law. (For example, a person who violates the requirement to maintain proof of financial responsibility is not liable for the new reinstatement fee, because a different reinstatement fee is prescribed for that violation in the amount of $75 for the first violation, $250 for the second, and $500 for the third or subsequent violations.) However, in the case of a person whose license was suspended in connection with an arrest for driving under the influence of alcohol or drugs and who is currently required to pay a reinstatement fee of $250, the bill adds the new fee to this amount, for a total DUI reinstatement fee of $280. Also, under current law, the Registrar must charge a fee of $12.50 for the reinstatement of a driver's license that the Registrar suspended on behalf of another jurisdiction under the terms of the Nonresident Violator Compact. The bill increases this fee to $30.

The new fee and changes to the existing fees apply beginning October 1, 1997.


Accident report fees

(sec. 5502.12)

Under current law, the Director of Public Safety is required to charge a fee of $2 for a copy of an accident report for an accident investigated by a local law enforcement agency, and $3 for a copy of a report for an accident investigated by the State Highway Patrol. The fees must be deposited in the state treasury to the credit of the State Highway Safety Fund. The bill increases each of the fee amounts by $1, to $3 for a local report and $4 for a Highway Patrol report.

Elimination of ethanol credit

(secs. 5735.12, 5735.145, 5735.146 (repealed), and 5735.19)

Current law entitles motor vehicle fuel dealers to claim a credit against the motor fuel tax for each gallon of ethanol they combine with gasoline for distribution as a motor vehicle fuel. (Ethanol is alcohol produced from wood or the grain of a cereal grass, including corn.) The credit equals 10¢ per gallon of ethanol, which is equivalent to approximately 1¢ per gallon of motor vehicle fuel because the ethanol and gasoline are blended at a rate of about 10% ethanol to 90% gasoline. However, the total statewide amount of credit that can be claimed in a fiscal year is capped at $15 million. The credit is scheduled to expire on September 30, 2000.

The bill eliminates the credit on June 30, 1997. The bill also eliminates a requirement that anyone who sells alcohol or an alcohol blend to a motor fuel dealer must register and file monthly reports with the Tax Commissioner.

Eliminating use of motor vehicle fuel tax for indigent person care

(secs. 3701.022, 3701.07, 3701.61 to 3701.69 (repealed), 5112.17, and 5735.29; Section 23)

Current law authorizes the Director of Health to reimburse hospitals for care provided to indigent persons who have been injured in motor vehicle accidents. The program is designed to be the payer-of-last-resort for such persons, after initial reimbursement is sought through private and government insurance. The program is funded through an appropriation of motor vehicle fuel tax revenues.1

1 In addition to the costs of highway construction and maintenance and highway law enforcement, Section 5a of Article XII of the Ohio Constitution authorizes motor vehicle


The bill eliminates the program, and also eliminates providing revenue for the program as one of the statutory purposes for which the motor vehicle fuel tax is levied. The bill specifies that after the elimination of the program, the Director of Health and the Attorney General can continue to take any actions formerly authorized under the program to collect hospital claims that are illegally or erroneously paid.

Creation of the Transportation Review Advisory Council

The bill creates the Transportation Review Advisory Council, and makes it responsible for the on-going review and approval of ODOT's highway construction program.

Makeup of the Council

(secs. 5512.09 to 5512.11)

The Transportation Review Advisory Council consists of seven members. Four members are appointed by the Governor with the advice and consent of the Senate, one member by the Speaker of the House of Representatives, and one member by the President of the Senate. The seventh member is the Director of Transportation, who also serves as chairperson. No member of the General Assembly can be a member of the Council. The Governor's appointees must meet the following qualifications:

--Two members must have at least five years experience in an executive or decision-making role in the transportation sector. The experience can have been obtained as a current or former (1) elected officer of a local transportation office, (2) member or employee of a statewide transportation professional association, metropolitan planning organization, or transit authority, (3) officer or employee of a federal transportation agency, or (4) other comparable role.

--One member must have at least five years experience in a leadership and fiduciary role with either a business or an economic development organization.

--One member must be selected from a list of five names provided by the Ohio Public Expenditure Council, which is a private, not-for-profit organization that monitors and reports on government revenues and expenditures.

The initial appointments to the Transportation Review Advisory Council must be made within 90 days after the effective date of this part of the bill. The

fuel taxes and fees to be used for "expenditures authorized for hospitalization of indigent persons injured in motor vehicle accidents on the public highways."


initial terms are staggered, with two of the Governor's appointments being for one year and the other two for two years, and the Speaker's and President's appointments being for three years. Thereafter, all terms are for five years.

Members of the Council (except the Director) are compensated at the rate of $150 per day worked, plus the necessary travel and other expenses involved with their duties. However, the combined amount of compensation and expenses paid to a member cannot exceed $10,000 per fiscal year.

At the request of the Council, ODOT is required to provide the Council staff assistance and office space.

Council review of ODOT goals and written project selection process

(secs. 5512.01 to 5512.04)

The bill requires the Director to develop a list of the goals of the Department relating to the construction of new highway capacity. The Director must submit the list to the Transportation Review Advisory Council within six months after the effective date of this part of the bill. The Council must review the list, suggest any revisions to the Director, and give final approval to the Department's goals.

Using the goals approved by the Council, the Director is required to develop a written project selection process for construction of new highway capacity. The process must include all of the following:

--a description of how the approved goals are advanced by the process;

--a definition of the kinds of projects to which the process applies;

--criteria that are used to rank proposed projects by how much a project contributes to the advancement of the approved goals;

--data that are necessary to apply the ranking criteria, and a description of how the Department will gather the data;

--any other provisions the Director considers appropriate.

In developing the project selection process, the Director must seek and consider public comment. In doing so, the Director can hold public hearings at various locations around the state. Upon completing the written process, the Director must submit it to the Council.


The bill requires the Council to review the Director's proposal, suggest revisions it considers appropriate, and give final approval to the Department's written project selection process for construction of new highway capacity. If the Director proposes to change the Department's goals or project selection process at a later time, the changes also must be approved by the Council.

Council review of ODOT fiscal forecast and list of new projects

(secs. 5512.05 and 5512.06)

The bill requires the Director, at least once every two years, to prepare (1) a fiscal forecast predicting the amount of funding expected to be available for new highway capacity construction during the forecast period, and (2) a list of new highway capacity projects that will be constructed or continued during the forecast period using the predicted amount of funding, with the projects selected through the process approved by the Transportation Review Advisory Council. The Director must submit the forecast and list of new projects to the Council for the Council to review, suggest revisions, and give final approval. The bill prohibits the Council from requiring additions to the list of new projects that would cause spending to exceed significantly the funding predicted to be available by the fiscal forecast.

Council meetings, reports

(secs. 5512.07 and 5512.08)

In performing its duty to approve the goals, project selection process, fiscal forecast, and list of new projects submitted by the Director, the Council must conduct public hearings as needed at various locations around the state. The bill specifies that at the hearings, the Council is required to accept public comment on the Director's proposals and on the merits of particular construction projects. Members of the Council must attend the hearings in person.

The bill requires the Director, with the approval of the Council, to submit periodic reports to the Governor and General Assembly on the conduct of the project selection process for construction of new highway capacity, and on the progress of construction of the selected projects.

Communications towers on ODOT property

Granting of leases or easements, and issuing permits

(secs. 5501.01, 5501.311, and 5515.01)


The federal Telecommunications Act of 1996 included requirements regarding the granting of leases or easements on federal property for telecommunications services, and directed the Federal Communications Commission to provide technical support to states to encourage the granting of easements on state land for telecommunications services. Pursuant to the federal act, the bill prescribes conditions concerning the authority of the Director of Transportation to grant such leases or easements. (Current law allows the Director to lease all or part of an ODOT transportation facility to any person, governmental agency, or transportation improvement district, and the bill supplements this authority regarding telecommunications services.2)

Under the bill, the Director can grant a lease, easement, or license in a transportation facility to a telecommunications service for the construction, placement, or operation of a wireless transmission tower or other wireless transmission equipment. The "telecommunication services" to which the provision applies are defined as telecommunications companies that charge for the provision of telecommunication services, including wireless transmission of interactive, two-way, voice or data communications. Money received by ODOT from the lease, easement, or license must be deposited to the credit of the Highway Operating Fund. The bill states that the granting of the lease, easement, or license, and any wireless transmission tower or equipment related to it, are deemed to further the essential highway purpose of building and maintaining a safe, efficient, and accessible transportation system.

The bill requires that at the time the Director grants the lease, easement, or license, the transportation facility must be owned in fee simple by the state. The Director is required to adopt rules prescribing competitive procedures for granting the leases, easements, and licenses, and must award the grant to the highest bidder in accordance with the procedures. The Director is required to include indemnity agreements in favor of ODOT as a condition of the lease, easement, or license, and the agreements must secure the state and its agents from liability for damages arising out of safety hazards, zoning, and any other matter of public interest the Director requires.

The lease, easement, or license agreement can include all of the following conditions:

2 Existing transportation law defines "transportation facilities" as "all publicly owned modes and means of transporting people and goods, including the physical facilities therefor, and including, but not limited to, highways, roads and bridges, parking facilities, aviation facilities, port facilities, rail facilities, and public transportation facilities." The bill specifies that this definition also includes garages, district offices, radio towers, other buildings or fixtures, rights-of-way, rest areas, and roadside parks.


--The Director can require the tower or other equipment to be designed to accommodate ODOT's radio communication system and intelligent transportation system, the state's multi-agency radio communication system (MARCS), or any other communication system the Director determines necessary for highway purposes.

--If the Director determines it technically feasible, the tower or other equipment must be designed to accommodate the wireless transmission equipment of one or more other telecommunications services in addition to the equipment of the service granted the lease, easement, or license.

--The Director can require the telecommunications service granted the lease, easement, or license to permit other telecommunications services to co-locate on the tower or other equipment, under reasonable terms and conditions that comply with the rules the Director adopts.

--The plans and specifications for the tower or other equipment must be approved by the Director prior to construction or placement.

--Any other conditions the Director determines necessary.

A telecommunications service granted a lease, easement, or license must apply for a permit under existing ODOT permit authority before beginning construction, placement, or operation of the wireless transmission tower or equipment. The bill requires a service to provide the Director proof it is party to a lease, easement, or license before the permit can be issued. In addition, the lease, easement, or license agreement is conditioned upon the telecommunications service complying with the terms of the permit.

Modification of scenic character and beauty requirement

(sec. 5529.03)

Current law authorizes the Director to acquire real property adjacent to highways for scenic beauty purposes or to establish rest stops for the traveling public. If the Director leases any of the property to another person or entity, the lease agreement is subject to conditions that will preserve the scenic character or beauty of the area traversed by the highway. The bill modifies this provision, to specify that the lease agreement is subject to conditions that the Director determines will not substantially interfere with the scenic character or beauty of the area traversed by the highway.

Expansion of business logo program

(secs. 4511.101 and 4511.102)


ODOT's existing program for the placement of business logos on signs within highway rights-of-way is restricted to interstate highways in rural or rural-appearing areas. However, the Director of Transportation has been required to operate a pilot project for the placement of logo signs on non-interstate highways at three locations around the state (in Stark, Union, and Cuyahoga counties). The bill eliminates the program's restriction to interstate highways, and also the pilot project, thus permitting logo signs within the right-of-way of any divided, multi-lane highway in a rural or rural-appearing area.

Continuing law allows the Director to contract with any private person to operate, maintain, and market the business logo sign program. The Director must adopt rules that describe the terms of the contract, and allow for a reasonable profit to be earned by the successful applicant. The bill requires the Director to include in the contract a requirement that a fee in an amount determined by the Director be paid to the state for each business logo sign constructed.

ODOT sales and purchases

Sales of machinery, materials, and supplies; transfers to local governments

(sec. 5513.04)

Current law authorizes the Director of Transportation to sell machinery, tools, equipment, parts, material, and supplies that are unfit for use or no longer required by the Department. Prior to the sale, the Director must notify each of the state's counties, municipal corporations, townships, and school districts (and any regional water and sewer districts that request notification) of the sale. In addition to selling the items to a local government, the Director is authorized to transfer any of the items to a local government without advertising for bids and upon terms agreed to by the Director and the local authority. If no local government responds to the Director's notice within 14 days after the mailing of the notice, the Director can proceed with the sale.

Current law also authorizes the Director to sell structures or structural materials salvaged on the state highway system that are unfit for use or no longer required by the Department. The Director does not have to notify local governments before making sales of structures or structural materials, but is authorized to transfer the items to a local government without advertising for bids and upon terms agreed to by the Director and the local authority. Sales to parties other than local governments must follow statutory public notice and competitive bidding requirements.


The bill modifies the procedures and requirements under which the Director operates the sale and transfer program. Under the bill, the Director is required to notify local governments in advance of proposed sales only for sales of passenger vehicles, vans, trucks, trailers, or other heavy equipment that is unfit for use or not required by the Department. The notice can be given by the most economical means considered to be effective, including regular mail, electronic mail, electronic bulletin board, and publication in a periodical or newspaper. The bill cuts from 14 to 7 days the period the Director must wait for local government responses after mailing or otherwise issuing the notice before proceeding with the sale. With regard to vehicles and heavy equipment, the bill allows the Director, in an emergency situation as determined by the Director, to transfer a vehicle or piece of heavy equipment to any state agency or political subdivision without advertising for bids and upon mutually agreed to terms.

With regard to machinery, tools, equipment (other than heavy equipment), material, parts, office furniture, supplies, and structures (other than highway salvage structures), the bill authorizes the Director to sell or transfer any item to any state agency or political subdivision without notice of the proposed disposal and upon any mutually agreed upon terms. The Director also is authorized to exchange any item and to pay the balance of the cost of the new item from any funds appropriated to the Department.

Current law allows the Director to accept a credit voucher in an amount mutually agreed upon between a vendor and the Department, and to apply the amount of the credit voucher to future purchases from that vendor. Under the bill, the acceptance of a credit voucher applies to vehicles and other heavy equipment as well as any structure, machinery, tools, equipment, parts, material, office furniture, or supplies.

Concerning public notice and competitive bidding procedures, the bill provides that any machinery, tool, item of equipment (including heavy equipment), material, part, piece of office furniture, supply, vehicle, structure (including a highway salvage structure), or structural material that has not been sold or transferred to a state agency or political subdivision can be sold at public sale. The public sale must be conducted under the requirements of current law, with the following modifications.

Under current law, the Director must post invitations to bidders on a bulletin board in the offices of the Department. The bill provides that the invitations can be posted on either a traditional or electronic bulletin board. For any item that has an estimated market value of greater than $1,000, the bill requires that the Director publish one notice of the sale in a periodical or newspaper of general circulation in the region in which the item is located, at least ten days before bids are to be received. (Current law requires the Director to


publish notice of a sale in a newspaper of general circulation in the county in which the items are located if the items have a fair market value of more than $200.) For any item that has an estimated market value of $1,000 or less, the Director does not have to publish notice, and may advertise the sale by posting a bulletin board notice for at least five working days in one or more Department offices.

The bill provides that the Director can authorize district deputy directors to conduct sales of items with estimated market values of greater than $1,000, in the same manner as the Director.

With regard to any sales, current law requires that the proceeds be credited to the State Highway Operating Fund. The bill allows the proceeds to be paid to the State Highway Operating Fund or any other fund of the Department as determined by the Director.

Purchases of machinery, materials, and supplies

(sec. 5513.01)

Under current law, for any purchase of machinery, materials, supplies, or other articles involving an expenditure of more than $500, the Director must follow statutory procedures requiring public notice and competitive bidding. For purchases of $500 or less, the Director may make the purchase without giving public notice, or may give notice in any way the Director considers proper. For other state agencies, the threshold for the purchase of supplies without public notice and competitive bidding is $25,000, and this amount is adjusted for inflation every two years. The bill increases the ODOT threshold for non-competitive purchasing to the same amount as for other state agencies-- $25,000 plus future inflationary adjustments.

Current law requires that all ODOT purchases be made at the Department's office in Columbus, except when the Director authorizes purchases by district deputy directors. The bill specifies that purchases in Columbus must be made at the Department's central office in that city. The bill also specifies that if the Director authorizes district deputy directors to make purchases, the authorization must be made in writing.

Sales of land

(secs. 5501.32, 5501.34, and 5501.37)

Current law authorizes the Director to sell parcels of land that are no longer required for highway purposes. The land must be sold at public auction to the highest bidder, with a minimum acceptable bid of two-thirds of appraised value.


The bill keeps the condition that the minimum acceptable bid for the land must be two-thirds of its value, but also authorizes the Director to reject all bids that are less than the full appraised value of the land.

Director of Transportation may debar vendors

(sec. 5513.06)

Current law establishes a procedure under which the Director of Transportation can debar a vendor from consideration for contract awards if the Director believes one of the grounds enumerated by statute for such debarment exist. The bill adds debarment by another state or the federal government to the reasons for which the Director may debar a vendor.

Revocation of certificate of qualification and debarment of contractors

(sec. 5525.03)

The bill clarifies that the debarment of a contractor, and the revocation of a contractor's certificate of qualification, can occur in the same proceeding.

Advertising devices along the interstate and other highways

In general

(secs. 5516.01 to 5516.13 and 5516.99)

With certain exceptions, current law prohibits the erection or maintenance of advertising devices within 660 feet of the right-of-way of a highway on the interstate system; the maintenance of such devices within 660 feet of the right-of-way of a highway on the primary highway system; and, outside of urban areas, the erection of such devices between 660 and 3,000 feet of the right-of-way of a highway on the interstate or primary system.

The advertising devices that are exempted from each of these restrictions differ somewhat, but fall into two categories: devices for which a permit is required; and devices for which a permit is not required. Examples of devices for which a permit is not required include signs advertising the sale or lease of the property on which they are located, and devices indicating the name of the business or profession conducted on the property and that identify the goods produced, sold, or services rendered there. Devices that are exempt from the erection or maintenance restrictions, provided a permit is obtained, are of the following types: (1) directional or other official signs authorized by law, including signs and notices pertaining to natural wonders and scenic or historical attractions, (2) devices located in commercial or industrial zones traversed by


segments of the interstate system within the boundaries of a municipal corporation, as the boundaries existed on September 21, 1959, (3) devices located in zoned or unzoned industrial or commercial areas, (4) certain signs in existence prior to October 22, 1965, that have been determined to be landmark signs of historic or artistic significance, and (5) various "nonconforming" devices--devices that could not now be lawfully erected, but were already in place at the time the advertising device regulatory scheme was enacted.

Permits

(secs. 5516.01 to 5516.14)

Applications for permits presently must be made to the Director of Transportation or, within municipalities, to the municipal authority designated by its legislative authority, on forms prescribed by the Director. The Director or municipal authority may prescribe a fee that must be based on the reasonable cost of processing the permits. In general, the bill specifies additional requirements in connection with the permit application and issuance procedure, and codifies certain aspects of the procedure as it is currently administered. It also eliminates the permit requirement for certain types of devices, authorizes vegetation permits, and sets forth a permit revocation procedure.

Additional permit application requirements. The bill requires a separate permit application to be filed for each sign face. In addition, it permits the Director, as part of the application process, to require an acknowledgment to be signed by the owner or person in possession or control of the proposed site. The acknowledgment can include a statement that (1) the applicant has the right to occupy the land in question, (2) at any time removal is required, the owner or person in possession of the site may be jointly liable, and (3) the applicant may only occupy the land for a specified period. The Director also may require an applicant, or the applicant's authorized representative, to certify in a notarized statement that the applicant has not knowingly provided materially false, misleading, or inaccurate information.

The bill requires applications to be disapproved where (1) the proposed location is not visible from the main traveled portion of the highway due to existing landscaping on the highway right-of-way, (2) the device can only be erected or maintained from the right-of-way of an interstate or primary highway system, or (3) the proposed location is on land used principally as a residence.

Conditional permits. The bill expressly allows the Director to conditionally approve applications as to location only, with final approval pending until the device is erected, used, maintained, or becomes operational. Upon verification of compliance with the conditions of the pending permit, the Director


issues the permit, and the accompanying permit plates, which must be securely and permanently attached in the corner of the face of the device nearest the highway, in such a manner as to be visible from the main traveled way of the highway. Replacement plates are obtainable upon the payment of a replacement fee determined by the Director.

All conditional permits are in effect for a period of one year. They can be renewed upon application and the payment of a nonrefundable renewal fee. Permits that are not renewed must be returned by the expiration date, along with the accompanying plates, to the Director for cancellation. The Director is authorized to adopt rules for the reinstatement of permits canceled as a result of nonpayment of renewal fees.

Where a device has been conditionally approved but never made operational, no renewal of the permit is allowed under the bill, unless a fee is paid to extend the privilege for one additional permit period. However, no additional extension can be granted for a conditional permit after the second renewal period.

Valid permits issued before July 1, 1997, may be renewed unless the Director finds that the permit application contains materially false, misleading, or inaccurate information. People who currently hold conditional permits have until December 31, 1997, either to comply with the conditions of the permit or apply and pay the fee for an extension.

The bill authorizes the transfer of permits from one owner to another upon written acknowledgment from the current permit holder and the payment of a transfer fee.

Vegetation permits. The bill permits the Director to issue to any lawful permit holder, a vegetation permit to remove, cut, trim, and replace vegetation located on the right-of-way of any interstate or primary highway, and adjacent to the permitted advertising device, whenever the vegetation prevents clear visibility of the device from the main traveled way of the highway. The Director must adopt rules in connection with the vegetation permits that include requirements for vehicle identification signage, bond or insurance, distance limits, and any other conditions the Director considers necessary. The application form and permit fee are to be prescribed by the Director. The permits run for a period of one year and are renewable upon the payment of a renewal fee in an amount prescribed by the Director. The Director can modify any vegetation permit as necessary for the safety of the traveling public.

Permit revocation. The bill authorizes the Director to disapprove, cancel, or revoke any permit where the Director has determined (1) the permit application contains materially false, misleading, or inaccurate information, (2) the device


does not comply with the terms and conditions of the permit, (3) the permit fee has not been paid, (4) the location does not conform to the laws of the state, or (5) any of the laws or rules governing the device have been violated.

Prior to the disapproval, cancellation, or revocation of a permit, the Director must give 30 days' notice, by certified mail, to the owner or lessee of the land on which the device is located, and to the owner of the device, if known (a reasonable effort to ascertain the identity of the owner is required). The notice may specify the necessary remedial action, and advise that permit disapproval, cancellation, or revocation may result if corrective measures are not taken within 30 days. The written notice must indicate that the applicant has the right to an adjudication hearing, provided a request is filed with the Director within 30 days after receipt of the written notice. If a hearing is requested, it must be conducted in accordance with provisions of the Administrative Procedure Act and rules adopted by the Director.

Upon the expiration of the 30-day period and when no hearing has been requested, the Director may declare the advertising device to be a public nuisance and order its removal.

Permit no longer required. Under the bill, permits are no longer required for (1) directional or other official signs authorized by law, including signs and notices pertaining to natural wonders and scenic or historical attractions, or (2) certain signs in existence prior to October 22, 1965, that have been determined to be landmark signs of historic or artistic significance.

Removal of illegal signs

(sec. 5516.04)

Under current law, the Director must give 30 days' notice, by registered or certified mail, to the owner or lessee of the land on which an unlawful advertising device is located, to remove the device or to bring it into compliance with the law. If the device is not removed or brought into compliance within 30 days after the owner or lessee receives the notice, the Director can (1) remove, obliterate, or abate the device, and certify the costs of doing so to the Attorney General for collection by civil action against the person erecting or maintaining the device, or (2) seek an order of abatement in the appropriate court of common pleas. Current law states that any person adversely affected by these actions has the right of appeal under section 119.11 of the Revised Code--a section that no longer exists.

The bill somewhat modifies the procedure for removing unlawful signs. It requires the Director, immediately upon learning of the existence of an unlawful device, and without an adjudication, to issue an order to the owner or lessee of the


land on which the device is located, and to the owner of the device, if known, to remove the device within 30 days of the date the order is issued. The Director must make a reasonable effort to ascertain the identity of the device owner. The Director's order must be in writing and be sent by certified mail (the use of registered mail would no longer be an option), and it must state that it can be appealed under section 119.12 of the Revised Code--a provision of the Administrative Procedure Act that specifies appeals procedures. If an appeal is entered and the removal order is affirmed, the Director can immediately remove the device. If no appeal is entered, the Director can immediately remove the device, or file a complaint with the court of common pleas as under current law.

As under current law, the bill requires the cost or expense of the removal to be certified to the Attorney General for collection by civil action. However, under current law, the civil action is authorized against the person maintaining or erecting the device. The bill authorizes a civil action against the device owner or the owner or lessee of the land on which the device is located. The bill also specifies that the owners and lessee are jointly liable for the removal costs and expenses.

The bill states that employees, agents, or independent contractors of the Department of Transportation may enter upon private property for the purpose of removing advertising devices in accordance with the procedure outlined above, without incurring any liability for so entering.

Prohibition

(sec. 5516.09)

In addition to the current restriction on the erection and/or the maintenance of advertising devices within various distances of the rights-of-way of interstate and primary highways, the bill prohibits (1) the use of the right-of-way of any limited access highway for construction, maintenance, or copy change of an advertising device, and (2) the use of the right-of-way of highways other than limited access highways, to construct, maintain, or service advertising devices without the written permission of the appropriate district office of the Department.

The bill eliminates the existing limit on the size of advertising devices located outside urban areas beyond 3,000 feet of the right-of-way of an interstate or primary system highway. Presently the limit is 150 square feet.

Penalty

(sec. 5516.99)


Presently, a person who violates the law or administrative rules governing the placement and maintenance of advertising devices along the public highways faces a minimum fine of $300, and a maximum fine of $1,000. The bill increases the maximum fine to $5,000.

Miscellaneous changes

(secs. 5516.01 to 5516.14)

The bill rephrases and relocates various provisions of current law, updates and corrects a number of references to federal and state statutes, and modifies a number of definitions used in the law regulating advertising devices.

Credit card payment program for motor vehicle taxes and fees

Program made discretionary

(sec. 4503.102)

Under current law, the Registrar of Motor Vehicles is required to conduct a program permitting credit card payment of motor vehicle registration taxes and fees, driver's license fees, and any other charges imposed by the state relating to registrations and licenses. Credit card payment of the taxes or fees can be made by mail or in person at the office of the Registrar or a deputy registrar.

The bill eliminates the mandate that the Registrar conduct the credit card payment program, and instead authorizes the Registrar to conduct the program at the Registrar's discretion. If the Registrar chooses to conduct a program, the bill eliminates the explicit requirement that credit card payment be allowed both by mail and in person. The bill also specifies that if a credit card payment program is conducted, penalties imposed in connection with the taxes and fees may be paid by credit card.

Confidentiality of credit card numbers

(sec. 4501.15)

The bill prohibits the Department of Public Safety from disclosing credit card account numbers or any other information obtained when a person uses a credit card to pay motor vehicle registration taxes or fees, license fees, or other similar taxes, fees, penalties, or charges imposed by the state and collected by the Department. However, the Department is authorized to provide this information to the financial institutions and credit issuing companies directly involved in the credit transaction, and to local, state, and federal governmental agencies.


Transfer of the Ohio Criminal Justice Network

(sec. 5502.01; Section 8.10)

The Department of Administrative Services operates a computer network that supports state and local criminal justice activities, called the Ohio Criminal Justice Network. The network is an electronic repository for various data, including arrest warrants, notices of persons wanted by law enforcement agencies, criminal records, prison inmate records, stolen vehicle records, vehicle operator's licenses, and vehicle registrations and titles. The bill transfers responsibility for the administration, operation, and maintenance of the network to the Department of Public Safety, beginning no earlier than July 1, 1997. All employees, records, property, and obligations related to the network are to be transferred to the Department of Public Safety.

Production of license plate stickers

(sec. 4503.191)

Under current law, license plates and expiration date stickers must be produced for the Bureau of Motor Vehicles (BMV) by Ohio Penal Industries. The bill requires that Penal Industries also must produce the county identification stickers required for license plates. However, the bill authorizes the Registrar and Penal Industries to enter into an agreement under which the BMV at certain times can produce certain types of expiration date and county identification stickers in-house. The agreement must specify the times and types of stickers.

Commercial driver's license waiver for farm-related industries

(sec. 4506.24)

Under former law that sunsetted January 1, 1997, the Registrar was authorized to issue a restricted commercial driver's license and waiver for persons who worked for custom harvesters, farm retail outlets and suppliers, agri-chemical businesses, or livestock feeders. A person who received a waiver was allowed to operate a commercial motor vehicle during restricted seasonal periods. The bill reestablishes the Registrar's authority to issue such a waiver, effective when the bill becomes law.

Distribution of Central Registration Fund excesses

(secs. 4501.03 and 4501.14)

Under current law, when a person renews a motor vehicle registration by mail, the $2.25 mail fee plus any extra postage charge the person pays is credited


to the Central Registration Fund. The Registrar of Motor Vehicles must use the Fund to pay the expenses involved in operating the mail-in system for registration renewals. Annually, any excess in the Fund over and above that required for current and anticipated mail-in system expenses is used to pay the State Bureau of Motor Vehicles Fund an amount equal to 50 cents times the number of out-of-state motor vehicles that were inspected that year in connection with obtaining an Ohio title. Any remaining excess is credited to the Auto Registration Distribution Fund, to be distributed to counties, municipal corporations, and townships by the same formula by which state motor vehicle license tax revenue is distributed.

The bill eliminates these provisions regarding the distribution of excess Central Registration Fund revenues. Instead, the bill authorizes the Director of Budget and Management to transfer excess money in the Fund to the State Bureau of Motor Vehicles Fund. The Director could make the transfer only at the request of the Registrar, if the Registrar has determined that the amount of money in the Central Registration Fund exceeds the amount required to cover costs. The bill also eliminates a requirement that any estimated deficiency in the Central Registration Fund must be made up with state motor vehicle license tax revenue.

Distribution of Law Enforcement Reimbursement Fund excesses

(sec. 4501.19)

Under current law, after a court has ordered the immobilization of a vehicle for a specified period of time, the owner of the vehicle must pay a $100 immobilization fee to the Registrar of Motor Vehicles before the vehicle can be released to the owner. The Registrar deposits the fee into the Law Enforcement Reimbursement Fund. If a law enforcement agency enforced the immobilization order, the Registrar must pay the amount of the fee to that agency to reimburse it for its costs incurred in the immobilization. If a court bailiff or other person enforced the immobilization order, the Registrar must pay the amount of the fee to the county or municipal corporation that employs the bailiff or other person.

The bill provides that if the Registrar determines that the amount of money in the Law Enforcement Reimbursement Fund exceeds the amounts required to be paid to law enforcement agencies, counties, and municipal corporations, the Registrar may request the Director of Budget and Management to transfer the excess to the Bureau of Motor Vehicles Fund. Upon the receipt of such a request, the Director can make the transfer.

Deposits to contraband and forfeiture funds

(secs. 2925.44 and 2933.43)


The bill provides instructions for the disposition of certain funds related to the recent creation of the Liquor Enforcement and Food Stamp Fraud units in the Department of Public Safety. Under the bill, the Director of Public Safety, pursuant to federal law, seeks the forfeiture of property seized by one of these units, the appropriate governmental officials must deposit into the Liquor Enforcement Contraband, Forfeiture, and Other Fund, or into the Food Stamp Contraband, Forfeiture, and Other Fund (1) the interest or other earnings derived from the investment of the proceeds from a sale of the property upon its forfeiture, (2) the proceeds from another disposition of the property upon its forfeiture, or (3) the forfeited moneys. Similarly, the bill provides that if the Liquor Enforcement Unit or the Food Stamp Fraud Unit receives contraband moneys forfeited under federal law or the proceeds from a sale or other disposition of forfeited contraband, the interest and earnings derived from the investment of the moneys or proceeds must be deposited into either the Liquor Enforcement Contraband, Forfeiture, and Other Fund, or the Food Stamp Contraband, Forfeiture, and Other Fund. The Department must use and account for the interest or other earnings in accordance with the applicable federal law.

Motor vehicle fuel tax revenue to pay highway capital improvements bonds

(secs. 5735.05 and 5735.23)

Section 2m of Article VIII of the Ohio Constitution, approved by the voters in November, 1995, authorizes the state to issue highway capital improvements general obligation bonds. The bill specifies that one of the purposes for which the motor vehicle fuel tax is levied is to pay the interest, principal, and charges on the bonds. The bill also requires the diversion of a portion of the state's share of motor vehicle fuel tax revenue to the Highway Capital Improvements Bond Service Fund instead of the Highway Operating Fund. The diversion must take place beginning on September 1 each year and continue until the Office of Budget and Management receives certification from the Commissioners of the Sinking Fund that sufficient funds have been credited to pay debt service on the bonds for that fiscal year.

The bill eliminates authority to use motor vehicle fuel tax revenue for the payment of debt service on highway bonds issued under Section 2g of Article VIII of the Ohio Constitution, which was approved by the voters in May, 1964. These bonds have been paid off.

Rail Development Commission bonding authority

(secs. 4981.151 (repealed), 4981.152 (repealed), and 4981.34)


Under current law, the Ohio Rail Development Commission is authorized to pledge the faith and credit of the state, but not to levy taxes, in connection with the performance of the Commission's obligation to collect revenues sufficient to pay debt service charges on bonds it issued if those bonds are no longer secured by obligations bearing the highest investment grade rating of the two major investment rating agencies. If the Commission obtains the annual consent of the Controlling Board, it may pledge and use excises, fees, fines, forfeitures, and all other revenues of the state (except motor vehicle registrations and excises upon motor vehicle fuel) not already pledged to debt service to pay debt service on its bonds. However, at least five members of the Controlling Board must vote in favor of the pledge or use of the revenues. The Commission reports that it has never used the authority described in this paragraph.

The bill repeals this authority of the Commission to pledge the faith and credit of the state and to obtain Controlling Board approval to pledge or use state excises, fees, fines, forfeitures, and other revenues.

Statutory transfers from the GRF to the Rail Development Fund

(sec. 4981.09; Sections 15 and 16)

Twice each year under current law, the Director of Budget and Management transfers from the General Revenue Fund (GRF) to the Rail Development Fund a portion of the corporation franchise tax revenue paid into the GRF by certain railroads over the preceding months. The portion is 50% in 1995, 1996, and 1997, and 75% thereafter. The Director makes the transfers by January 31 for taxes paid into the GRF during the preceding June through December, and by June 30 for taxes paid into the GRF during the preceding January through May. The bill changes these transfer dates to March 31 and August 31, respectively.

Currently, the taxes transferred to the Rail Development Fund are those paid by taxpayers engaged in the business of owning or operating a railroad either wholly or partially within Ohio on rights of way acquired and held exclusively by the taxpayer. The bill eliminates this last condition about exclusive rights-of-way, with the result that taxes paid by a potentially larger pool of taxpayers would be subject to the transfer.

State Infrastructure Bank

(secs. 5531.09 and 5531.10)

Currently, the State Infrastructure Bank Law contemplates the use of the resources of the Bank for both financing state projects and providing financial assistance to local and private projects. The bill defines a "state infrastructure


project" for purposes of the Law as any public transportation project undertaken by the state, including all components of the project such as planning, engineering, acquisition of property, construction, and rehabilitation. The bill specifies that State Infrastructure Bank bonds may be issued to provide funds for use in either state infrastructure projects or projects by other entities.

The bill provides that State Infrastructure Bank bonds, the transfer of such bonds, and the income from such bonds, including any profit made on their sale, are at all times free from taxation in the state. The bill also makes the following technical changes concerning the bonds:

--Current law requires that the Treasurer of State issue the bonds with the advice of the Director of Budget and Management, but the bill allows the Treasurer to issue the bonds after giving written notice to the Director.

--Currently the bonds are lawful investments for the Administrator of Workers' Compensation, and the bill specifies that any such investments made by the Administrator must accord with the investment policy established by the Workers' Compensation Oversight Commission.

--With regard to authorized investments of debt service funds, the bill recognizes that common trust funds have been renamed collective investment funds under state financial institutions law.

--The bill eliminates authorization for refunding bonds to be issued in amounts sufficient for payment of undefined "allowable costs."

Creation of radio communications system funds

(secs. 4501.16 and 4501.28)

Within the Department of Public Safety, the State Highway Patrol and the Emergency Management Agency are participating in the planning and implementation of the Multi-Agency Radio Communications System, also known as MARCS. The bill creates the MARCS Operations Fund and the MARCS Maintenance Fund in the state treasury. The Operations Fund is to consist of money received by the Emergency Management Agency from users of the system, and must be used to provide for the operation of the system. The Maintenance Fund is to consist of money received by the Highway Patrol from users of the system, and must be used to maintain MARCS-related equipment located at MARCS facilities and tower sites. Each fund's investment earnings must be credited to it.


Change of fund to which special license plate fee deposited

(secs. 4501.20, 4501.21 (repealed), 4501.22, 4501.23 (repealed), 4503.51, 4503.52, 4503.55, and 4503.56)

Under current law unchanged by the bill, a person who obtains a collegiate, scenic rivers, Pro Football Hall of Fame, or Lake Erie license plate is required to pay an extra handling fee of up to $10. The fee must be used by the BMV to cover expenses incurred in providing the additional services required in issuing the special plates. Currently, the fees are deposited in the Collegiate License Plate Fund, Scenic Rivers Protection License Plate Fund, Pro Football Hall of Fame License Plate Fund, or Lake Erie License Plate Fund, as appropriate. The bill provides that the handling fees instead be deposited in the State Bureau of Motor Vehicles Fund.

Regional airport authority and conservancy district competitive bidding thresholds

(secs. 308.13 and 6101.16)

If a regional airport authority awards a contract for construction, materials, labor, or supplies in an amount exceeding $5,000, it must do so by competitive bidding. A conservancy district must follow competitive bidding procedures for a contract it awards exceeding $10,000. The bill makes both of these competitive bidding thresholds $15,000.

Transportation improvement districts

(secs. 5540.01 and 5540.03)

Under current law, a transportation improvement district may accept grants from any federal or other governmental agency to aid in the construction of a project. The bill specifies that grants may be accepted from the federal or any state or local government, or from any agency, entity, or instrumentality of the federal or a state or local government. The bill also authorizes a district to accept loans from any such government, agency, entity, or instrumentality. The bill specifies that the authority for a district to accept a loan cannot be construed as imposing any liability on the state for any loan received by a district from a third party unless the state has entered into an agreement to accept liability.

Currently, transportation improvement district projects are limited to street and highway construction or improvement. The bill allows district projects to encompass other transportation projects as well. The bill also specifies that the county competitive bidding law does not apply to transportation improvement district contracts or projects.


Alcohol Testing and Permit Program funded from Liquor Control Fund

(secs. 3701.83 and 4301.12)

Presently, the Director of Health must approve methods for determining through chemical analysis the amount of alcohol, drugs, or both in a person's blood, urine, breath, or other bodily substance. The Director also must issue permits to persons who demonstrate they are qualified to perform these kinds of analyses. The permits are subject to termination or revocation at the discretion of the Director.

The bill creates the Alcohol Testing Program Fund in the state treasury, and requires the Director to use the fund to administer and enforce the alcohol testing and permit program described above. The fund is to receive transfers from the Liquor Control Fund, which is an existing fund in the state treasury consisting of various moneys collected by the Division of Liquor Control. All investment earnings of the Alcohol Testing Fund must be credited to it.

Department of Commerce assistant directors

(secs. 121.05 and 121.08)

The bill requires that there be two assistant directors in the Department of Commerce, instead of one as under current law. Each of the assistant directors is to be designated by the Director of Commerce. Current law requires that there be a deputy director of administration in the Department of Commerce, and the bill authorizes the Director to designate one of the assistant directors to also serve as deputy director of administration.

Effective dates for the bill's provisions

(Sections 17 to 21 and 25)

Section 1d of Article II of the Ohio Constitution states that "laws providing for * * * appropriations for the current expenses of the state government and state institutions * * * shall go into immediate effect," and "shall not be subject to the referendum." The Ohio Supreme Court has held that the presence in an act of an appropriation for current expenses does not necessarily put the entire act into immediate effect. State, ex rel. Ohio AFL-CIO, v. Voinovich (1994), 69 Ohio St. 3d 225. In response to this case, the General Assembly enacted R.C. 1.471, which provides that a codified or uncodified section of law contained in an act that contains an appropriation for current expenses is not subject to the referendum and goes into immediate effect if (1) it is an appropriation for current expenses, (2) it is an earmarking of the whole or part of an appropriation for current expenses, or (3) its implementation depends upon an appropriation for current expenses that is


contained in the act. The statute states that the General Assembly shall determine which sections go into immediate effect.

The bill includes a default provision stating that except as specifically provided in the bill, the codified and uncodified sections of law in it are not subject to the referendum and go into immediate effect. The bill also includes numerous specific exceptions to the default provision, that in general provide that specified codified or uncodified provisions are subject to the referendum and take effect on the 91st day after the act is filed with the Secretary of State (barring the filing of a referendum petition).

The bill contains a severability clause specifying that the codified and uncodified sections are independent and severable and that if any part of the bill is held invalid, the invalidity does not affect other items of law.

HISTORY

ACTION DATE JOURNAL ENTRY Introduced 02-11-97 p. 212 Reported, H. Finance & Appropriations 02-26-97 p. 286 Passed House (93-0) 03-05-97 pp. 314-319 H0210-PH.122/crawford/cb

Fee increases and changesSummary chartSalvage title inspection feeGeneral reinstatement feeAccident report fees

Elimination of ethanol creditEliminating use of motor vehicle fuel tax for indigent person careCreation of the Transportation Review Advisory CouncilMakeup of the CouncilCouncil review of ODOT goals and written project selection processCouncil review of ODOT fiscal forecast and list of new projectsCouncil meetings, reports

Communications towers on ODOT propertyGranting of leases or easements, and issuing permitsModification of scenic character and beauty requirement

Expansion of business logo programODOT sales and purchasesSales of machinery, materials, and supplies; transfers to local governmentsPurchases of machinery, materials, and suppliesSales of land

Director of Transportation may debar vendorsRevocation of certificate of qualification and debarment of contractorsAdvertising devices along the interstate and other highwaysIn generalPermitsRemoval of illegal signsProhibitionPenaltyMiscellaneous changes

Credit card payment program for motor vehicle taxes and feesProgram made discretionaryConfidentiality of credit card numbers

Transfer of the Ohio Criminal Justice NetworkProduction of license plate stickersCommercial driver's license waiver for farm-related industriesDistribution of Central Registration Fund excessesDistribution of Law Enforcement Reimbursement Fund excessesDeposits to contraband and forfeiture fundsMotor vehicle fuel tax revenue to pay highway capital improvements bondsRail Development Commission bonding authorityStatutory transfers from the GRF to the Rail Development FundState Infrastructure BankCreation of radio communications system fundsChange of fund to which special license plate fee depositedRegional airport authority and conservancy district competitive bidding thresholdsTransportation improvement districtsAlcohol Testing and Permit Program funded from Liquor Control FundDepartment of Commerce assistant directorsEffective dates for the bill's provisions

Documents

Am. Sub. H.B. 210Legislative Service Commission -2- Am. Sub. H.B. 210 • Expands ODOT's business logo program to provide that logo signs can be allowed within the rightsof-way of