STATE OF OHIO ZExncutine ?epartment OFFICE OF THE GOVERNOR CO/um?u5 VETO NIESSAGES STATENIENT OF THE REASONS FOR THE VETO OF ITEMS IN SUBSTITUTE HOUSE BILL 53 April 1, 2015 Pursuant to Article II, Section 16 of the Ohio Constitution, which states that the Governor may disapprove any items in a bill making an appropriation of money, I hereby disapprove the following items contained in Substitute House Bill 53 and set forth below the reasons for so doing. The text I am disapproving is identi?ed in this message by reference to the corresponding page and boxed text of the bill. ITEM NUMBER 1 On page 45, delete the boxed text. On page 46, delete the boxed text. On page 1 I, delete the boxed text. Regarding Residency and the Obligation to Obtain State of Ohio Vehicle Registration and Driver?s License Under current Ohio law, an Ohio resident operating a motor vehicle within the State of Ohio must have a valid Ohio driver?s license and their motor vehicle(s) must have a valid Ohio registration. The penalties for failing to do so can range from a minor misdemeanor to a misdemeanor of the ?rst degree. Current Ohio law does not, however, specify a deadline by which new residents of Ohio who choose to drive or own motor vehicles must comply with these requirements. These sections would close this loophole by setting a deadline of 30 days for complying with these requirements and by imposing penalties that are consistent with current law. These sections would also create new penalties for failing to comply with these requirements, including a penalty that suspends the nonresident motor vehicle operating privileges for new Ohio residents'who fail to obtain a driver?s license or register their motor vehicle(s) within 30 days of establishing Ohio residency. However, no provision for restoring those driving privileges is provided. This item is inconsistent with current Ohio law, which articulates speci?c steps Ohioans can take to have suspended driving privileges restored. These sections also articulate additional criteria for determining residency for new Ohio residents for the purposes of them obtaining an Ohio driver?s license and registering a motor vehicle. Ohio law already establishes criteria for determining residency, which have been used successfully for many years. Moreover, these changes are potentially confusing to Ohioans and to government institutions. As the new suspension penalty is inconsistent with current law, and the criteria for residency are already established in existing law, this veto is in the public interest. ITEM NUMBER 2 On page 1, delete the following boxed text, and 5739.02?. On page 2, delete the following boxed text, and 5739.02?. On page 203, delete the boxed text. On page 204, delete the boxed text. On page 205, delete the boxed text. On page 206, delete the boxed text. On page 207, delete the boxed text. On page 208, delete the boxed text. On page 209, delete the boxed text. On page 210, delete the boxed text. On page 21 1, delete the boxed text. On page 212, delete the boxed text. On page 213, delete the boxed text. On page 214, delete the boxed text. On page 215, delete the boxed text. On page 216, delete the boxed text. On page 217, delete the boxed text. On page 257, delete the boxed text. Exemption of Sales and Use Taxes for the of a Rental Car Relative to the Servicing of 21 Motor Vehicle Under this provision, the dealer?s use of a rental vehicle to provide replacement transportation for a customer who is having their vehicle serviced would be exempt from sales or use tax. However, a dealer that provides a vehicle from its inventory for the same courtesy transPortation must pay use tax. This amendment creates a loophole that will result in signi?cant refunds and will subject similar transactions to a different tax treatment without suf?cient justi?cation. Therefore, this veto is in the public interest. Page 2 of 3 ITEM NUMBER 3 On page 1, delete the following boxed text, On page delete the following boxed text, ?5501 On page 184, delete the boxed text On page 229, delete the boxed text. On page 23 8, delete the boxed text. The Creation of the Ohio Bridge Partnership Program and its Funding Earmarks in the state transportation budget bill unduly limit the ?exibility of the Ohio Department of Transportation to prioritize key projects on state highways and roads that directly impact the safety and quality of life of Ohioans. Additionally, the codi?cation of this program into permanent law is unnecessary and redundant because Ohio has existing funding sources in state law that provide revenue to local governments to fund road and bridge projects, in addition to numerous programs intended to help localities maintain their roads. For all of these reasons, this veto is in the public interest. However, to meet the spirit of the legislative intent, I have instructed the Ohio Department of Transportation to allocate $10 million within the 2016-2017 biennium in addition to the $120 million recently devoted to help county and municipalities address their bridge projects. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the State of Ohio to be af?xed at Columbus this 1st day of April, Two Thousand Fifteen. ohWKasich, Governor This will acknowledge the receipt of a copy of this veto message of Substitute House Bill 53 that was disapproved in part by Governor John R. Kasich on April 1, 2015. Name and Title of Of?cer Date and Time of Receipt Page 3 of 3 (1?3 1 st General Assembly) (Substitute House B111 Number 53) AN ACT To amend sections 122.14, 125.834, 126.06, 127.14, 164.05, 1548.07, 2953.36, 2953.61, 3772.10, 4501.01, 4501.03, 4501.04, 4501.044, 4501.045, 4501.06, 4501.11, 4501.26, 4501.34, 4503.04, 4503.102, 4503.103, 4503.11, 4503.182, 4503.21, 4503.22, 4503.233, 4503.26, 4503.499, 4503.544, 4505.09, 4505.14, 4506.01, 4506.03, 4506.05, 4506.06, 4506.07, 4506.071, 4506.08, 4506.09, 4506.10, 4506.12, 4506.13, 4506.15, 4506.16, 4506.17, 4506.20, 4506.21, 4507.03, 4507.071, 4507.11, 4507.21, 4507.23, 4508.01, 4508.02, 4508.03, 4508.04, 4508.05, 4508.06, 4508.10, 4509.05, 4509.101, 4509.81, 4511.01, 4511.53, 4511.69, 4513.263, 4513.60, 4513.601, 4513.61, 4513.68, 4513.69, 4517.03, 4517.10, 4519.63, 4582.06, 4582.31, 4749.07, 5501.55, 5501.56, 5502.03, 5502.39, 5502.67, 5528.31, 5528.40, 5531.08, 5534.04, 5537.35, 5543.22, 5577.044, 5728.08, 5735.23, 5735.26, 5735.291, 5735.3 to enact sections 4507.213, 4508.11, 4511.351, 5501.08, 5501.491 b'gx? 5516.15, and 5531.30; and to repeal sections 4501.19, 4501.28, 5502.131, 5528.19, 5528.32, 5528.33, 5528.35, 5528.36, 5528.38, and 5528.39 of the Revised Code and to amend Sections 729.10 and 729.11 of Am. Sub. H.B. 483 of the 130th General Assembly and Section 227.10 of Am. HE. 497 of the 130th General Assembly to make appropriations for programs related to transportation and public safety for the biennium beginning July' 1, 2015, and ending June 30, 2017, and to provide authorization and conditions for the operation of those programs; and to "Janet?V- The above boxed and initialed text disapproved. Date: ?1 "l . Governor as Subamend the versions of sections 4501.01 and 4507.11 of the Revised Code that are scheduled to take effect January 1, 2017, to continue the provisions of this act on and after that effective date. Be it enacted by the General Assembly ofthe State othios SECTION 101.01. Thatsections 122.14, 125.834, 126.06, 127.14, 164.05, 1548.07, 2953.36, 2953.61, 3772.10, 4501.01, 4501.03, 4501.04, 4501.044, 4501.045, 4501.06, 4501.11, 4501.26, 4501.34, 4503.04, 4503.102, 4503.103, 4503.11, 4503.182, 4503.21, 4503.22, 4503.233, 4503.26, 4503.499, 4503.544, 4505.09, 4505.14, 4506.01, 4506.03, 4506.05, 4506.06, 4506.07, 4506.07], 4506.08, 4506.12, 4506.13, 4506.15, 4506.16, 4506.17, 4506.20, 4506.21, 4507.03, 4507.071, 4507.11, 4507.21, 4507.23, 4508.01, 4508.02, 4508.03, 4508.04, 4508.05, 4508.06, 4508.10, 4509.05, 4509.101, 4509.81, 4511.01, 4511.53, 4511.69, 4513.263, 4513.60, 4513.601, 4513.61, 4513.68, 4513.69, 4517.03, 4517.10, 4519.63, 4582.06, 4582.31, 4749.07, 5501.55, 5501.56, 5502.03, 5502.39, 5502.67, 5528.31, 5528.40, 5531.08, 5534.04, 5537.35 5543.22 5577.044, 5728.08, 5735.23, 5735.26, 5735.291, 5735.3 and 5739.02 be amended; and sections 4503.111, 4507.213, 4508.112 4511.351, 5516.15, and ARK 5531.30 of the Revised Code be enacted to read as follows: Sec. 122.14. There is hereby created in the state treasury the roadwork development fund. The fund shall consist of the investment earnings of the security deposit fund created by section 4509.27 of the Revised Code and revenue transferred to it by the director of budget and management from the highway operating fund created in section 5735.291 of the Revised Code. The fund shall be used by the department?6f development services agency in accordance with Section 5a of Article XII, Ohio Constitution, to make road improvements associated with retaining or attracting business for this state, including the construction. reconstruction. maintenance. or repair of public roads that provide access to a public airport or are located within a public airport. All investment earnings of the fund shall be credited to the fund. Sec. 125.834. (A) The department of administrative services shall ensure that all new motor vehicles acquired en?and?after?lu-ly?172006; by the state for use by state agencies under section 125.832 of the Revised Code are capable of using alternative fuels. A state agency that is acquiring new motor vehicles under division of section 125.832 of the Revised Code shall report annually, in a manner prescribed by the director of The above boxed and initiated text was disapproved. Date: 15?. . atisieh, overnor - - --an?-II Sub. H. B. No. 53 l3lst G.A. 45 next highest dollar and shall be the amount of tax due. If the application is made before the sixth month of the current registration period to which the motor vehicle is assigned as provided in section 4503.101 of the Revised Code, the amount of tax due is the full amount of local motor vehicle license taxes levied under Chapter 4504. of the Revised Code; . If the application is made during or after the sixth month of the current registration period to which the motor vehicle is assigned as provided in section 4503.101 of the Revised Code and prior to the beginning of the next such registration period, the amount of tax due is one-half of the amount of local motor vehicle license taxes levied under Chapter 4504. of the Revised Code. (C) The taxes payable on all applications made under division of I section 4503.103 of the Revised Code shall be the sum of the tax due under division or of this section plus the tax due under division or of this section for the ?rst year plus the full amount of the tax provided in section 4503.04 of the Revised Code and the full amount of local motor vehicle license taxes levied under Chapter 4504. of the Revised Code for each succeeding year. (D) Whoever violates this section is guilty of a minor misdemeanor of Sec. 4503.111. (A) Within thirty days of becoming a resident of this state. anv person who owns a motor vehicle operated or driven upon the gibllC roads or highways shall register the vehicle in this state. If such a person fails to register a vehicle owned by the person. the person shall not operate any motor vehicle in this state under a license issued by another state rat?11d the person?s nonresident operating privileges established under 53"? lsection 4507.04 of the Revised Code are susnended. (Bif 1) Whoever Violates d1v1s10n (A) of this seczion is guilty of a minor misdemeanor. The offense established under division of this section is a strict liabilitv offense and strict liabilitv is a culpable mental state for purposes of section 2901.20 of the Revised Code. The designation of this offense as a strict liability offense shall not be construed to imply that arm other offense. for which there is no speci?ed degree of culpability. is not a strict liability offense. I C) For purposes of division (A) of this section. "resident" means amt mason to whom any of the following applies: 1) The?person has registered to vote in this state. (2) The person states the person?s address. for purposes of federal or The above boxed and initialed text was disapproved. Date: Lid?? . Cacti, Governor Sub. H. B. No. 53 13131: GA. 46 state income taxes, as being in this state?.1 lfhe person maintains their principal residence in this state and does not reside in this state as a result of the person's active service in the United States armed forces. . (4) The person is determined by the registrar of motor vehicles to be a resident in accordance with standards adopted by the registrar under section 4507.01 of the Revised Code. Sec. 4503.182. (A) A purchaser of a motor vehicle, upon application and proof of purchase of the vehicle, may be issued a temporary license placard or windshield sticker for the motor vehicle. The purchaser of a vehicle applying for a temporary license placard or windshield sticker under this section shall execute an af?davit stating that the purchaser has not been issued previously during the current registration year a license plate that could legally be transferred to the vehicle. Placards or windshield stickers shall be issued only for the applicant?s use of the vehicle to enable the applicant to legally operate the motor vehicle while proper title, license plates, and a certi?cate of registration are being obtained, and shall be displayed on no other motor vehicle. Placards or windshield stickers issued under division (A) of this section are valid for a period of thirty forty-?ve days from date of issuance and are not transferable or renewable. The fee for the placards or windshield stickers issued under this section is two dollars plus a service fee of three dollars and ?fty cents. The registrar of motor vehicles may issue to a motorized bicycle dealer or a licensed motor vehicle dealer temporary license placards to be issued to purchasers for use on vehicles sold by the dealer, in accordance with rules prescribed by the registrar. The dealer shall notify the registrar, within forty?eight hours, of the issuance of a placard by electronic means via computer equipment purchased and maintained by the dealer or in any other manner prescribed by the registrar. (2) The fee for each placard issued by the registrar to a dealer is two dollars-The registrar shall charge an additional three dollars and ?fty cents for each placard issued to a dealer who noti?es the registrar of the issuance of the placards in a manner other than by approved electronic means. (3) When a dealer issues a temporary license placard to a purchaser, the dealer shall collect and retain the fees established under divisions (A) and (D) of this section. (C) The registrar of motor vehicles, at the registrar's discretion, may issue a temporary license placard. Such a placard may be issued in the case of extreme hardship encountered by a citizen from this state or another state The above boxed and initiated text was disapproved. Date: Li?l' i . h, overnor 1mm? .u . . '1Ul.??l?mW Sub. H. B. No. 53 l3lst GA. 111 If the person fails to apply for a driver?s license Within thirty days of becoming a resident. the person shall not operate any motor vehicle in this state under a license issued by another state! and the person?s nonres1dent operating prrv?eges established under section 4507.04 of the Revised Code are suspended. i i' oever violates division. (A) of this section is guilty of a minor misdemeanor. (2) The offense established under division of this section is a strict liability offense and strict liability is a culpable mental state for purposes of section 2901.20 of the Revised Code. The designation of this offense as a strict liability offense shall not be construed to implv that any other offense. for which there is no specified degree of culpability. is ngha strict liability offense. For purposes of division (A) of this section. "resident" means any mson to whom any of the following applies: l) The person has registered to vote in this state. (Zl The person states the person's address. for purposes of federal or state income taxes, as being in this state. the person maintains their pnncipai residence in this state and does not reside in this state as a result of the person?s active service in the United States armed forces. (4) The person is determined by the registrar of motor vehicles to be a resident in accordance With standards adonted by the registrar under section 4507.01 of the Revised Code. Sec. 4507.23. (A) Except as provided in division (I) of this section, each application for a temporary instruction permit and examination shali be accompanied by a fee of five dollars. B) Except as provided in division (I) of this section, each application for a driver's license made by a person who previously held such a license and whose license has expired not more than two years prior to the date of application, and who is required under this chapter to give an actual demonstration of the person?s ability to drive, shall be accon'ipanied by a fee of three dollars in addition to any other fees. Except as provrded in divisions (E) and (I) of this section, each application for a driver?s license, or Operator?s endorsement, or renewal of a driver's license shall be accompanied by a fee of six dollars. (2) Except as provided in division of this section, each application for a duplicate driver?s license shall be accompanied by a fee of seven dollars and 'fifty cents. The duplicate driver?s licenses issued under this section shall be distributed by the deputy registrar in accordance with rules The above-boxed and initialed text was disapproved. Date. we A Sub. H. B. No. 53 13151: GA. 184 (B) Short-term economic impact. one to ?ve years. and long-term economic impact, thi?y years and lop ger; (C) Economic impact on a region's future rate of job growth and job retention'. (D) Motorist. bicyclist. and pedestrian counts. and number of accidents by mode. Sec. 5501.491. There is hereby created the department of transnortation Ohio bridge partnership pronram. Under the program. the department shall work with counties and local iurisdictions to. at the discretion of the director of transportation. either pay the full cost of. or match local expenditures with regard to. the rehabilitation or reconstruction of selected bridges that A are located on county roads or within municipal. corporations and are owned by a county or municipal corporation. as applicable. The pronram also shall apply to embankments. drainage. and other issues related to a subiect bridge. The director shall confer with the appronriate county or municipal corporation of?cials in determining what bridges will be part of the prosram.? A bridge must meet all of the following criteria in order to be eligible for the program: (A) The bridge must be not less than twenty feet in length. (B) The bridge must be "structurally deficient" in that the bridge. while safe for use. is in need of repair. (C) The bridge must be Open currently and be carrying vehicular traf?c. Sec. 5501.55. (A) The department of transportation is the. designated state agency responsible for overseeing the safety practices of rail ?xed guideway systems and the administration of 49 U.S.C. 5329 and 5330. The director of transportation shall develop any guidelines necessary to oversee the safety practices of rail fixed guideway systems that are consistent with the federal act and rules adopted thereunder. (B) In accordance with guidelines developed by the director, the department shall do all of the following: (1) Establish a safety program plan documentation standard for transit agencies Operating a, implementing, or signi?cantly enhancing an applicable rail ?xed guideway system within the state; (2) Adept Oversee adoption of standards and oversee enforcement of for the personal safegg and security of passengers and employees of rail ?xed guideway systems; (3) Review and approve or disapprove the annual internal safety audit conducted by a transit agency under section 5501.56 of the Revised Code; (4) Periodically, conduct an on-site safety review of each transit agency safety prosram based on the agency's safety program documentation and The above. boxed and initialed text was disapproved. Date: 5: A . its. overnor etch, Sub. H. B. No. 53 1313t GA. al-l All moneys received in the state treasury from the tax levied by this section, after the credit and transfers required by division (B) of this sect-ion, shall be credited to the highway operating fund, except as provided in division of this section. (3) From the date of the receipt by the treasurer of state of certificatig from the commissioners of the sinking fund, as required by seetiens section 5528.18 W9 of the Revised Code, certifying that the moneys to the credit of the highway improvement bond retirement fund are sufficient to meet in full all payments of interest, principal, and charges for the retirement of all bonds and other obligations which may be issued pursuant to Section 2g of Article Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised Code2-: H?s? the moneys derived from the tax levied by this section, after the credit and transfers required by division (B) of this section, shall be credited to the highway operating fund. Sec. 5739.02. For the purpbse of providing revenue With which to meet the needs of the state, for the use of the general revenue fund of the state, for the purpose of securing a thorough and efficient system of common schools throughout the state, for the purpose of affording revenues, in addition to those from general property taxes, permitted under constitutional limitations, and from other sources, for the support of local governmental functions, and for the purpose of reimbursing the state for the expense of administering this chapter, an excise tax is hereby levied on each retail sale made in this state. The tax shall be collected as provided in section 5739.025 of the Revised Code. The rate of the tax shall be ?ve and three-fourths per cent. The tax applies and is collectible when the sale is made, regardless of the time when the price is paid or delivered. (2) In the case of the lease or-rental, with a ?xed term of more than thirty days or an indefinite term with a minimum period of more than thirty days, of any motor vehicles designed by the manufacturer to carry a load of not more than one ton, watercraft, outboard motor, or aircraft, or of any elnwma?m -. The above boxed and initialed text was disapproved. Date: q'l?l ?7 i as . Governor Sub. H. B. No. 53 131st GA. 204 tangible personal property, other than motor vehicles designed by the manufacturer to carry a load of more than one ton, to be used by the lessee or renter primarily for business purposes, the tax shall be collected by the vendor at the time the lease or rental is consummated and shall be calculated by the vendor on the basis of the total amount to be paid by the lessee or renter under the lease agreement. If the total amount of the consideration for . the lease or rental includes amounts that are not calculated at the time. the lease or rental is executed, the tax shall be calculated and collected by the vendor at the time such amounts are billed to the lessee or renter. In the case of an open?end lease or rental, the tax shall be calculated by the vendor on the basis of the toral amount to be paid during the initial fixed term of the lease or rental, and for each subsequent renewal period as it comes due. As used in this division, "motor vehicle" has the same meaning asin section 4501.01 of the Revised Code, and "watercraft" includes an outdrive unit attached to the watercraft. A lease with a renewal clause and a termination penalty or similar provision that applies if the renewal clause is not exercised is presumed to be a sham transaction. In such a case, the tax shall be calculated and paid on the basis of the entire length of the lease period, including any renewal periods, until the termination penalty or similar provision no longer applies. The taxpayer shall bear the burden, by a preponderance of the evidence, that the transaction or series of transactions is not a sham transaction. (3) Except as provided in division of this section, in the case of a sale, the price of which consists in Whole or in part of the lease or rental of tangible personal property, the tax shall be measured by the installments of that lease or rental. (4) In the case of a sale of a physical ?tness facility service or recreation and sports club service, the price of which consists in whole or in part of a_ membership for the receipt of the benefit of the service, the tax applicable to the sale shall be measured by the installments thereof. (B) The tax does not apply to the following: (1) Sales to the state or any of its political subdivisions, or to any other state or its political subdivisions if the laws of that state exempt from taxation sales made to this state and its political subdivisions; (2) Sales of food for human consumption off the premises where sold; (3) Sales of food sold to students only in. a cafeteria, dormitory, fraternity, or sorority maintained in a private, public, or parochial school, college, or university; (4) Sales of newspapers and sales or transfers of magazines distributed as controlled circulation publications; jog disapproved. Date: 'l is; - mam-nu r. MAJ John Ft. hasten, Governor The above boxed and initialed text was Sub. H. B. No. 53 l3lst GA. 205 (5) The furnishing, preparing, or serving of meals without charge by an. employer to an employee provided the employer records the meals as part compensation for services performed or work done; (6) Sales of motor fuel upon receipt, use, distribution, or sale of which in this state a tax is imposed by the law of this state, but this exemption shall not apply to the sale of motor fuel on which a refund of the tax is allowable under division (A) of section 5735.14 of the Revised Code; and the tax commissioner may deduct the amount of tax levied by this section applicable to the price of motor fuel when granting a refund of motor fuel tax pursuant to division (A) of section 5735.14 of the Revised Code and shall cause the amount deducted to be paid into the general revenue fund of this state; (7) Sales of natural gas by a natural gas company, of water by a water-works company, or of steam by. a heating company, if in each case the thing sold is delivered to consumers through pipes or conduits, and all sales of communications services by a telegraph company, all terms as defined in section 5727.01 of the Revised Code, and sales-of electricity delivered through wires; . . (8) Casual sales by a person, or auctioneer employed directly by the person to conduct such sales, except as to such sales of motor vehicles, watercraft or outboard motors required to be titled under section 1548.06 of the Revised Code, watercraft documented with the United States coast guard, snowmobiles, and all?purpose vehicles as defined in section 4519.01 of the Revised Code; of services or tangible personal property, other than motor vehicles, mobile homes, and - manufactured homes, by churches, organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, or nonpro?t 'organizatibns operated exclusively for charitable purposes as de?ned in division of this section, provided A (UL that the number of days on which such tangible personal property or services, other than items never subject to the tax, are sold does not exceed six in any calendar year, except as otherwise provided in division of this section. If the number of days on which such sales are made exceeds six in any calendar year, the church or organization shall be considered to be engaged in business and all subsequentsales by it shall be subject to the tax. In counting the number of days, all saleslby groups within 'a church or within an organization shall be considered to be sales of that church or organization. . . The limitation on the number of days on which tax?exempt sales may be made by a church or organization under, division 'of this The above boxed and initialed dESapproved eXt was Governor . .- Sub. H. B. No. 53 131st GA. 206 section does not apply to sales made by student clubs and other groups of students of a primary or secondary school, or a parent-teacher association, booster group, or similar organization that raises money to support or fund curricular or extracurricular activities of a primary or secondary School. Divisions and of this section do not apply to sales by a noncommercial educational radio or television broadcasting station. (10) Sales not within the taxing power of this state under the Constitution or laws of the United States or the Constitution of this state; (11} Except. for transactions that are sales under division of section 5739.01 of the Revised Code, the transportation of persons or property, unless the transportation is by a private investigation and security service; (12) Sales of tangible personal property or services to churches, to organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, and to any other nonprofit organizatiOns operated exclusively for charitable purposes in this state, no part of the net income of which inures to the bene?t of any private shareholder or individual, and no substantial part of the activities of which consists of carrying on propaganda or - otherwise attempting to in?uence legislation; sales to of?ces administering one or more homes for the aged or one or more hoSpital facilities exempt under section 140.08 of the Revised Code; and sales to organizations described in division (D) of section 5709.12 of the Revised Code. "Charitable purposes" means the relief of poverty; the improvement of health through the alleviation of illness, disease, or injury; the Operation of an organization exclusively for the provision of professional, laundry, printing, and purchasing services to hospitals or charitable institutions; the operation of a home for the aged, as defined in section 5701.13 of the Revised Code; the operation of a radio or television broadcasting station that is licensed by the federal communications commission as a noncommercial educational radio or television station; the operation of a nonpro?t animal adoption service or a county humane society; the promotion of education by an institution of learning that maintains a faculty of quali?ed instructors, teaches regular continuous courses of study, and confers a recognized diploma upon completion of a specific curriculum; the operation of a parent-teacher association, booster group, or similar organization primarily engaged in the promotion and support of the curricular or extracurricular activities of a primary or secondary school; the operation of a community or area center in which presentations in music, dramatics, the arts, and related ?elds are made in order to foster public interest and education therein; the ARK disapproved. Date: Hel'h' The abeva boxed and initialed text was ?hii?gi kasich, Governor Sub. H. B. No. 53 13lst on. 207 production of performances in music, dramatics, and the arts; or the promotion of education by an organization engaged in carrying on research in, or the dissemination of, scienti?c and technological knowledge and information primarily for the public. Nothing in this division shall be deemed to exempt sales to any organization for use in the operation or carrying on of a trade or business, or sales to a home for the aged for use in the operation of independent living facilities as defined in division (A) of section 5709.12 of the Revised Code. (13) Building and construction materials and services sold to construction contractors for incorporation into a structure or improvement to real property under a construction contract with this state or a political subdivision of this state, or with the United States government or any of its agencies; building and construction materials and services sold to construction contractors for incorporation into a structure or improvement to real property that are accepted for ownership by this state or any of its political subdivisions, or by the United States government or any of its agencies at the time of completion of the structures or improvements; building and construction materials sold to construction contractors for incorporation into a horticulture structure or livestock structure for a person engaged in the business of horticulture or producing livestock; building materials and services sold to a construction contractor for incorporation into a house of public worship or religious education, or a building used exclusively for charitable purposes under a construction contract with an organization whose purpose is as described in division of this section; building materials and services sold to a construction contractor for incorporation into a building under a construction contract with an . organization exempt from taxation. under section 501(c)(3) of the Internal Revenue Code of 1986 when the building is to be used exclusively for the organization?s exempt purposes; building and construction materials sold for incorporation into the original construction of a sports facility under section 307.696 of the Revised Code; building and construction materials and services sold to a construction contractor for incorporation into real property outside this state if such materials and services, when sold to a construction contractor in the state in which the real property is located for incorporation into real property in that state, would be exempt from a tax on sales levied by that state; building and constructiOn materials for incorporation into a transportation facility pursuant to a public?private agreement entered into under sections 5501.70 to 5501.83 of the Revised Code; and, until one calendar year after the construction of a convention center that quali?es for property tax exemption under section 5709.084 of the Revised Code is The above boxed and initlaled text was disapproved, Date: L'l? 4L Sub. H. B. No. 53 131st GA. 208 completed, building and construction materials and services sold to a construction contractor for incorporation into the real property comprising that convention center; (14) Sales of ships or vessels or rail rolling stock used or to be used principally in interstate or foreign commerce, and repairs, alterations, fuel, and lubricants for such ships or vessels or rail rolling stock; (15) Sales to persons primarily engaged in any of the activities . mentioned in division or (11) of this section, to persons engaged in making retail sales, or to persons who purchase for sale from a manufacturer tangible personal property that was produced by the manufacturer in accordance with specific designs provided by the purchaser, of packages, including material, labels, and parts for packages, and of machinery, equipment, and material for use primarily in packaging tangible personal property produced for sale, including any machinery, equipment, and supplies used to make labels or packages, to prepare packages or products for labeling, or to label packages or products, by or on the order of the person doing the packaging, or sold at retail. "Packages" includes bags, baskets, cartons, crates, boxes, cans, bottles, bindings, wrappings, and other similar devices and containers, but does not include motor vehicles or bulk tanks, trailers, or similar devices attached to motor vehicles. "Packaging" means placing in a package. Division of this section does not apply to persons engaged in highway transportation for hire. (16) Sales of food to persons using supplemental nutrition assistance program benefits to purchase the food. As used in this division, "food" has the same meaning as in 7 U.S.C. 2012 and federal regulations adopted pursuant to the Food and Nutrition Act of 2008. (17) Sales to persons engaged in farming, agriculture, horticulture, or . ?oriculture, of tangible personal property for use or consumption primarily in the production by farming, agriculture, horticulture, or floriculture of I other tangible personal property for use or consumption primarily in the production of tangible personal property for sale by farming, agriculture, horticulture, or ?oriculture; or material and parts for incorporation into any such tangible personal property for use or consumption in production; and of tangible personal property for such use or consumption in the conditioning or holding of products produced by and for such use, consumption, or sale by persons engaged in farming, agriculture, horticulture, or ?oriculture, except where such property is incorporated into real property; (18) Sales of drugs for a human being that may be dispensed only pursuant to a prescription; insulin as recognized in the of?cial United States pharmacopoeia; urine and blood testing materials when used by diabetics or The above boxed and initiated text was disapproved. Date: M: as" vernor Sub. H. B. No. 53 . l3lst GA. 209 persons with hypoglycemia to test for glucose or acetone; hypodermic syringes and needles when used by diabetics for insulin injections; epoetin alfa when purchased for use in the treatment of persons with medical disease; hospital beds when purchased by hospitals, nursing homes, or other medical facilities; and medical oxygen and medical oxygen-dispensing - equipment when purchased by hOSpitals, nursing homes, or other medical facilities; (19) Sales of prosthetic devices, durable medical equipment for home use, or mobility enhancing equipment, when made pursuant to a prescription and when such devices or equipment are for use by a human being. (20) Sales of emergency and fire protection vehicles and equipment to nonprofit organizations for use solely in providing ?re protection and emergency services, including trauma care and emergency medical services, for political subdivisions of the state; (21) Sales of tangible personal property manufactured in this state, if sold by? the manufacturer in this state to a retailer for use in the retail business of the retailer outside of this state and if possession is taken from the manufacturer by the purchaser within this state for the sole purpose of immediately removing the same from this state in a vehicle owned by the purchaser; (22) Sales of services provided by the state. or any of its political subdivisions, agencies, instrumentaiities, institutions, or authorities, or by governmental entities of the state or any of its political subdivisions, - agencies, instrumentalities, institutions, or authorities; (23) Sales of motor vehicles to nonresidents of this state under the circumstances described in division (B) of section 5739.029 of the Revised Code; (24) Sales to persons engaged in the preparation of eggs for sale of tangible personal property used or consumed directly in such preparation, including such tangible personal property used for cleaning, sanitizing, preserving, grading, sorting, and classifying by size; packages, including material and parts for packages, and machinery, equipment, and material for use in packaging eggs for sale; and handling and transportation equipment and parts therefor, except motor vehicles licensed to operate on public highways, used in intraplant or interplant transfers or shipment of eggs in the process of preparation for sale, when the plant or plants within or between which such transfers or shipments occur are operated by the same person. "Packages" includes containers, cases, baskets, ?ats, fillers, ?ller ?ats, cartons, closure materials, labels, and labeling materials, and "packaging" means placing therein. Human The above boxed and initialed text was disapproved. Date: sen Sub. H. B. No. 53 l3lst (1A. 210 Sales of water to a consumer for residential use; Sales of water by a nonpro?t corporation engaged exclusively in the treatment, distribution, and sale of water to consumers, if such water is delivered to consumers through pipes or tubing. (26) Fees charged for inspection or reinspection of motor vehicles under . section 3704.14 of the Revised Code; (27) Sales to persons licensed to conduct a food service operation pursuant to section 3717.43 of the Revised Code, of tangible personal preperfy primarily used. directly for the following: To prepare food for human consumption for sale; (13) To preserve food that has been or will be prepared for human consumption for sale by the food service. operator, not including tangible personal prOperty used to display food for selection by the consumer; . To clean tangible personal property used to prepare or serve food for it human consumption for sale. (28) Sales of animals by nonpro?t animal adoption services or county humane societies; (29) Sales of services to a corporation described in division (A) of section 5709.72 of the Revised Code, and sales of tangible personal property . that quali?es for exemption from taxation under section 5709.72 of the . Revised Code; - (30) Sales and installation of agricultural land tile, as de?ned in division - of section 5739.01 ofthe Revised Code; i Sales and erection or installation of portable grain bins, as de?ned in division of section 5739.01 of the Revised Code; (32) The sale, lease, repair, and maintenance of, parts for, or items attached to or incorporated in, motor vehicles that are primarily used for transporting tangible personal property belonging to others by a person engaged in highway transportation for hire, except for packages and packaging used for the transportation of tangible personal property; (33) Sales to the state headquarters of any veterans' organization in this state that is either incorporated and issued a charter by the congress of the United States or is recognized by the United States veterans administration, for use by the headquarters; (34) Sales to a telecommunications service vendor, mobile telecommunications service vendor, or satellite broadcasting service vendor of tangible personal property and services used directly and primarily in transmitting, receiving, switching, or recording any interactive, one?- or two-way electromagnetic communications, including voice, image, data, and information, through the use of any medium, including, but not limited to, The above boxed and initialed text was disapproved. Date: h? *h . '45 overnor Sub. H. B. No. 53 131st GA. 211 poles, wires, cables, switching equipment, computers, and record storage devices and media, and component parts for the tangible personal property. The exemption provided in this division shall be in lieu of all other exemptions under division or of this section to which the vendor may otherwise be entitled, based upon the use of the thing purchased in providing the telecommunications, mobile telecommunications, or satellite broadcasting service. Sales where the purpose of the consumer is to use or consume the things transferred in making retail sales and consisting of newspaper inserts, catalogues, coupons, flyers, gift certi?cates, or other advertising material that prices and describes tangible personal property offered for retail sale. Sales to direct marketing vendors of preliminary materials such as photographs, artwork, and typesetting that will be used in printing advertising material; and of printed matter that offers free merchandise or chances to win sweepstake prizes and that is mailed to potential customers with advertising material described in division of this section; (0) Sales of equipment such as telephones, computers, facsimile - machines, and similar tangible personal property primarily used to accept orders for direct marketing retail sales. Sales of automatic food vending machines that preserve food with a shelf life of forty-?ve days or less by refrigeration and dispense it to the consumer. For purposes of division of this section, "direct marketing? means the method of selling where consumers order tangible personal property by United States mail, delivery service, or telecommunication and the vendor delivers or ships the tangible personal property sold to the consumer from a warehouse, catalogue distribution center, or similar ful?llment facility by means of the United States mail, delivery service, or common carrier. (36) Sales to a person engaged in the business of hortiCulture or producing livestock of materials to be incorporated into a horticulture structure or livestock structure; Sales of personal computers, computer monitors, computer keyboards, modems, and other peripheral computer equipment to an individual who is licensed or certi?ed to teach in an elementary or a secondary school in this state for use by that individual in preparation for teaching elementary or secondary school-students; (38) Sales to a professional racing team of any of the following: Motor racing vehicles; The above boxed and initialed text was disapproved. Date: Sub. H. B. No. 53 13lst GA. 212 Repair services for motor racing vehicles; (0) Items of property that are attached to or incorporated in motor racing vehicles, including engines, chassis, and all other components of the vehicles, and all spare, replacement, and rebuilt parts or components of the vehicles; except not including tires, consumable ?uids, paint, and accessories consisting of instrumentation sensors and related items added to the vehicle to collect and transmit data by means of telemetry and other forms of communication. (39) Sales of used manufactured homes and used mobile homes, as de?ned in section 5739.0210 of the Revised Code, made on or after January 1, 2000; (40) Sales of tangible personal property and services to a provider of electricity used or consumed directly and primarily in generating, transmitting, or distributing electricity for use by others, including property that is or is to be incorporated into and will become a part of the consumer's production, transmission, or distribution system and that retains its classi?cation as tangible personal property after incorporation; fuel or power used in the production, transmission, or distribution of electricity; energy conversion equipment as de?ned in section 5727.01 of the Revised Code; and tangible personal property and services used in the repair and maintenance of the production, transmission, or distribution system, including only those motor vehicles as are specially designed and equipped for such use. The exemption provided in this division shall be in lieu of all other exemptions in division or of this section to which a provider of electricity may otherwise be entitled based on the use of the tangible personal property or service purchased in generating, transmitting, or distributing electricity. (41) Sales to a person providing services under division of section 5739.01 of the Revised Code of tangible personal property and services used directly and primarily in providing taxable services under that section. (42) Sales where the purpose of the purchaser is to do any of the following: To incorporate the thing transferred as a material or a part into tangible personal property to be produced for sale by manufacturing, assembling, processing, or re?ning; or to use or consume the thing transferred directly in producing tangible personal property for sale by mining, including, without limitation, the extraction from the earth of all substances that are classed geologically as minerals, production of crude oil and natural gas, or directly in the rendition of a public utility service, except "wk disapproved. The above united and initialed text was Sub. H. B. No. 53 l3lst G.wun Mun- - tha the sales tax levied by this section shall be collected upon all meals, drinks, and food for human consumption sold when transporting persons. Persons engaged in rendering services in the exploration for, and production of, crude oil and natural gas for others are deemed engaged directly in the exploration for, and production of, crude oil and natural gas. This paragraph does not exempt from "retail sale" or "sales at retail" the sale of tangible personal property that is to be incorporated into a structure or improvement to real property. To hold the thing transferred as security for the performance of an obligation of the vendor; To resell, hold, use, or consume the thing transferred as evidence of I a contract of insurance; To use or consume the thing directly in commercial fishing; To incorporate the thing transferred as a material or a part into, or to use or consume the thing transferred directly in the production of, magazines distributed as controlled circulation publications; To use or consume the thing transferred in the production and preparation in suitable condition for market and sale of printed, imprinted, overprinted, lithographic, multilithic, blueprinted, photostatic, or other productions or reproductions of written or graphic matter; To use the thing transferred, as described in section 5739.011 of the Revised Code, primarily in a manufacturing operation to produce tangible personal property for sale; To use the benefit of a warranty, maintenance or service contract, or similar agreement, as described in division of section 5739.01 of the - Revised Code, to repair or maintain tangible personal property, if all of the property that is the subject of the warranty, contract, or agreement would not be subject to the tax imposed by this section; To use the thing transferred as quali?ed research and development equipment; To use or consume the thing transferred primarily in storing, transporting, mailing, or otherwise handling purchased sales inventory in a warehouse, distribution center, or similar facility when the inventory is primarily distributed outside this state to retail stores of the person who owns or controls the warehouse, distribution center, or similar facility, to. retail stores of an af?liated group of which that person is a member, or by means of direct marketing. This division does not apply to motor vehicles registered for operation on the public highways. As used in this division, "af?liated group" has the same meaning as in division of section 5739.01 of the Revised Code and "direct marketing" has the same meaning abuse. unite-ti cud initialed text was disapproved. Sub. H. B. No. 53 131a on. 214 as in division of this section. To use or consume the thing transferred to ful?ll a contractual obligation incurred by a warrantor pursuant to a warranty provided as a part of the price of the tangible personal property sold or by a vendor of a warranty, maintenance or service contract, or similar agreement the provision of which is defined as a sale under division of section 5739.01 of the Revised Code including renting a motor vehicle to the person claiming the bene?t of the contractual obligation when the right to such rental is not expressed as a contractual obligation; (1) To use or consume the thing transferred in the production of a newspaper for distribution to the public; To use tangible personal property to perform a service listed in division of section 5739.01 of the Revised Code, if the property is or is to be permanently transferred to the consumer of the service as an integral part of the performance of the service; (11) To use or consume the thing transferred primarily in producing tangible personal property for sale by farming, agriculture, horticulture, or ?oriculture. Persons engaged in rendering farming, agriculture, horticulture, - or ?oriculture services for others are deemed engaged primarily in farming, agriculture, horticulture, or ?oriculture. This paragraph does not exempt from "retail sale" or "sales at retail" the sale of tangible personal property that is to be incorporated into a structure or improvement to real property. (0) To use or consume the thing transferred in acquiring, formatting, editing, storing, and disseminating data or information by electronic publishing. As used in division of this section, "thing" includes all transactions included in divisions and of section 5739.01 of the Revised Code. (43) Sales conducted through a coin operated device that activates vacuum equipment or equipment that dispenses water, whether or not in combination with soap or other cleaning agents or wax, to the consumer for the consumer's use on the premises in washing, cleaning, or waxing a motor vehicle, provided no other personal property or personal service is provided as part of the transaction. (44) Sales of replacement and modification parts for engines, airframes, instruments, and interiors in, and paint for, aircraft used primarily in a fractional aircraft ownership program, and sales of services for the repair, modification, and maintenance of such aircraft, and machinery, equipment, and supplies primarily used to provide those services. (45) Sales of telecommunications service that is used directly and .- uThe above "ed initialed text was disapproved. Date: loan it. taste ,??ovemor Sub. H. B. No. 53 l3lst GA. 215 primarily to perform the functions of a call center. As used in this division, "call center" means any physical location Where telephone calls are placed or received in high volume for the purpose of making sales, marketing, customer service, technical support, or other specialized business activity, and that employs at least ?fty individuals that engage in call center activities on a full-time basis, or suf?cient individuals to ?ll ?fty full-time equivalent positions. . . 46) Sales by a telecommunications service vendor of 900 service to a subscriber. This division does not apply to information services, as de?ned in division (FF) of section 5739.01 of the Revised Code. Sales of'value?added non-voice data service. This division does not apply to any similar service that is not otherwise a telecommunications service. Sales of machinery, equipment, and software to a quali?ed direct selling entity for use in a warehouse or distribution center primarily for storing, transporting, or otherwise handling inventory that is held for sale to independent salespersons who operate as direct sellers and that is held primarily for distribution outside this state; - As used in division of this section: "Direct seller" means a person selling consumer products to individuals for personal or household use and not from a fixed retail location, including selling at in-home product demonstrations, parties, and other one-on?one selling. (ii) "Qualified direct selling entity? means an entity selling to direct sellers at the time the entity enters into a tax credit agreement with the tax credit authority pursuant to section 122.17 of the Revised Code, provided that the agreement was entered into on or after January. 1, 2007. Neither contingencies relevant to the granting of, nor later developments with respect to, the tax credit shall impair the status of the quali?ed direct selling entity under division of this section after execution of the tax credit agreement by the tax credit authority. (0) Division of this section is limited to machinery, equipment, and software ?rst stored, used, or consumed in this state within the period commencing June 24, 2008, and ending on the date that is ?ve years after that date. (49) Sales of materials, parts, equipment, or engines used in the repair or maintenance of aircraft or avionics systems, of such aircraft, and sales of repair, remodeling, replacement, or maintenance services in this state performed on aircraft or on an aircraft?s avionics, engine, or component materials or parts. As used in division of this section, "aircraft" MEL disapproved. Date: L?i?l ?l The above boxed . tiasic Governor rad inltlaled text was Sub. H. B. No. 53 131st GA. 216 means aircraft of more than six thousand pounds maximum certified takeoff weight or used exclusively in general aviation. (50) Sales of full ?ight simulators that are used for pilot or ?ight-crew training, sales of repair or replacement parts or components, and sales of repair or maintenance services for such full ?ight simulators. "Full ?ight simulator" means a replica of a speci?c type, or make, model, and series of aircraft cockpit. It includes the assemblage of equipment and computer programs necessary to represent aircraft operations in ground and ?ight conditions, a visual system providing an out-of-the-cockpit view, and a system that provides cues at least equivalent to those of a three~degree-of-freedorn motion system, and has the hill range of capabilities of the systems installed in the device as described in appendices A and of part 60 of chapter 1 of title 14 of the Code of Federal Regulations. - . (51) Any transfer or lease of tangible personal property between the state and JobsOhio in accordance with section 4313.02 of the Revised Code. Sales to a qualifying corporation. - As used in division of this section: "Qualifying corporation" means a nonpro?t corporation organized in this state that leases from an eligible county land, buildings, structures, ?xtures, and improvementsto the land that are part of or used in a public recreational facility used by a major league professional athletic team or a class A to class minor league affiliate of a major league professional athletic team for a significant portion of the team?s home schedule, provided the following apply: (I) The facility is leased from the eligible county pursuant to a lease that requires substantially all of the revenue from the operation of the business or activity conducted by the nonprofit corporation at the facility in excess of operating costs, capital expenditures, and reserves to be paid to the eligible county at least once per calendar year. (11) Upon dissolution and liquidation of the nonprofit corporation, all of its net assets are distributable to the board of commissioners of the eligible county from which the corporation leases the facility. (ii) ?Eligible county" has the same meaning as in section 307.695 of the Revised Code. (53) Sales to or by a cable service provider, video service provider, or radio or television broadcast station regulated by the federal government of cable service or programming, video service or programming, audio service or programming, or electronically transferred digital audiovisual or audio work. As used in division of this section, "cable service? and "cable MAL disapproved. -mW.?urnwy . \w?pnlm . The above boxed and initiated text was Date: Ll") "l 5? - . Governor Sub. H. B. No. 53 131st GA. 217 service provider" have the same meanings as in section 1332.01 of the Revised Code, and "video service," "video service provider," and "video have the same meanings as in section 1332.21 of the Revised Code. (C) For the purpose of the proper administration of this chapter, and to prevent the evasion of the tax, it is presumed that all sales made in this state are subject to the tax until the contrary is established. - (D) The levy of this tax on retail sales of recreation and sports club service shall not prevent a municipal corporation from levying any tax on recreation and sports club dues or on any income generated by recreation and sports club dues. (E) The tax collected by the vendor from the consumer under this chapter is not part of the price, but is a tax collection for the benefit of the state, and of counties levying an additional sales tax pursuant to section 5739.021 or 5739.026 of the Revised Code and of transit authorities levying . an additional sales tax pursuant to section 5739.023 of the Revised Code. Except for the discount authorized under section 5739.12 of the Revised Code and the effects of any rounding pursuant to section 5703.055 of the Revised Code, no person other than the state or such a county or transit authority shall derive any bene?t from the collection or payment of the tax levied by this section or section 5739.021, 5739.023, or 5739.026 of the Revised Code. Ask SECTION 101.02. That existing sections 122.14, 125.834, 126.06, 127.14, 164.05, 1548.07, 2953.36, 2953.61, 3772.10, 4501.01, 4501.03, 4501.04, 4501.044, 4501.045, 4501.06, 4501.11, 4501.26,. 4501.34, 4503.04, 4503.102, 4503.103, 4503.11, 4503.182, 4503.21, 4503.22, 4503.233, 4503.26, 4503.499, 4503.544, 4505.09, 4505.14, 4506.01, 4506.03, 4506.05, 4506.06, 4506.07, 4506.071, 4506.08, 4506.09, 4506.10, 4506.12, 4506.13, 4506.15, 4506.16, 4506.17, 4506.20, 4506.21, 4507.03, 4507.071, 4507.11, 4507.21, 4507.23, 4508.01, 4508.02, 4508.03, 4508.04, 4508.05, 4508.06, 4508.10, 4509.05, 4509.101, 4509.81, 4511.01, 4511.53, 4511.69, 4513.263, 4513.60, 4513.601, 4513.61, 4513.68, 4513.69, 4517.03, 4517.10, 4519.63, 4582.06, 4582.31, 4749.07, 5501.55, 5501.56, 5502.03, 5502.39, 5502.67, 5528.31, 5528.40, 5531.08, 5534.04, 5537.35. 5543.22, 5577.044, 5728.08, 5735.23, 5735.26, 5735.291, 5735.3C, and 5739.02 of the Revised Code are hereby repealed. SECTION 105.01. That sections 4501.19, 4501.28, 5502.131, 5528.19, Milk disapproved. Date: . v-I?ir - The above boxed and initlaled text was what-w". .- SubGA. 229 SECTION 110.12. Sections 110.10 and 110.11 of this as take effect January 1, 2017. SECTION 125.10. Section 5501.491 of the Revised Code is repealed July 1, 2019. SECTION 201.10. Except as otherwise provided in this act, all appropriation items in this act are appropriated out of any moneys in the state treasury to the credit of the designated fund that are not otherwise appropriated. For all appropriations made in this act, the amounts in the first column are for ?scal year 2016 and the amounts in the second coluimi are for fiscal year 2017. SECTION 203.10. DOT DEPARTMENT OF TRANSPORTATION Highway Operating Fund Group 2120 772426 Highway 3,500,000 39 3,500,000 Infrastructure Bank Federal 2120 772427 Highway 9,825,000 9,825,000 Infrastructure Bank State 2120 772430 Infrastructure Debt 525,000 525,000 Reserve Title 23-49 2130 772431 Roadway 3,500,000 3,500,000 Infrastructure Bank - State 2130 772433 Infrastructure Debt 511 650,000 650,000 Reserve - State 2130 777477 Aviation 2,000,000 2,000,000 Infrastructure Bank - State . 7002 770003 Transportation 10,100,000 12,162,500 Facilities Lease Rental Bond Payments 7002 771411 Planning and ES 20,616.08? 23,590,435 Research - State The above boxed and initiated text was disapproved. Date: q'i?ir .asich, Governor Sub. H. B. No. 53 l3lst G.A. 238 maintenance facilities. SECTION 203.90. OHIO BRIDGE PARTNERSHIP PROGRAM (A) In each ?scal year of the biennium ending June 30, 2017, the Director of Transportation shall identify moneys to be used for additional funding of the Ohio Bridge Partnership Program established in section 5501.491 of the Revised Code. The Director shall identify not less than $10,000,000 in the biennium ending June 30, 2017, under this section. The identified amounts are hereby appropriated. (B) Funding identified under Division (A) of this section shall be supplemental to the amount of $120,000,000 previously announced by the Department of Transportation for the Ohio Bridge Partnership Program in the biennium ending June 30, 2015. (C) The Director of Transportation may consult with officials of political subdivisions in assessing critical needs associated with bridges maintained by local government entities. The Director shall notify political subdivisions in an appropriate manner of the availability of the funding identi?ed under Division (A) of this section. SECTION 203.100. The federal payments made to the state for highway infrastructure or for transit agencies under Title XII of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the Highway Operating Fund (Fund 7002), which is created in section 5735.291 of the Revised Code. - SECTION 205.10. DPS DEPARTMENT OF PUBLIC SAFETY Highway Safety Fund Group 4W40 762321 Operating Expense - BMV 126,201,615 126,201,615 4W40 762636 Financial Responsibility 4,785,067 4,785,067 Compliance 4W40 762637 Local Immobilization 200,000 200,000 Reimbursement 7036 761321 Operating Expense - 7,449,331 7,449,331 Information and Education . 7036 761401 Public Safety Facilities Lease 2,435,800 2,433,200 Rental Bond Payments 7036 764321 Operating Expense Highway 3 270,232,602 270,232,602 Patrol 7036 764605 Motor Carrier Enforcement 3 2,860,000 2,860,000 Expenses 8300 761603 Salvage and Exchange 20,053 20,053 Administration XL disapproved. Date: Li 5" 'l A The above. boxed and initiated text was Jo R. Governor Sub. H. B. No. 53 13 GA. 257' gallons of motor fuel that were sold to a retail dealer during the preceding calendar month. (B) For the semiannual periods ending December 31, 2015, June 30, 2016, December 31, 2016, and June 30, 2017?, the refund provided to retail dealers under section 5735.14] of the Revised Code shall be one?half of one per cent of the Ohio motor fuel taxes paid on fuel purchased during those semiannual periods. SECTION 257.30. The General Assembly hereby declares that the intent of the amendment by this act of section 573 9.02 of the Revised Code is to clarify the law as it existed prior to the amendment by this act of that section. - SECTION 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO APPROPRIATIONS Law contained in the main operating appropriations act of the 131st General Assembly that is generally applicable to the appr0priations made in the main operating appropriations act also is generally applicable to the appropriations made in this act. SECTION 801.20. As used in the uncodi?ed law of this act, "American Recovery and Reinvestment Act of 2009" means the "American Recovery and Reinvestment Act of 2009," Pub. L. No. 111?5, 123 Stat. 115. SECTION 806.10. The items of law contained in this act, and their applicatiOns, are severable. If any item of law contained in this act, or if any application of any item of law contained in this act, is held invalid, the invalidity does not affect other items of law contained in this act and their applications that can be given effect without the invalid item or application. SECTION 812.10. Except as otherwise provided in this act, the amendment, enactment, or repeal by this act of a section of law is subject to the referendum under Ohio Constitution, Article II, Section 10 and therefore takes effect on the ninety-first day after this act is filed with the Secretary of State or, if a later effective date is Speci?ed below, on that date. my?, The above {sexed and initialed disapproved. em was Date: ?l 5?