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2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.521 | Department of Transportation Expense Reports.

Effective:
June 30, 2023
Latest Legislation:
House Bill 23 - 135th General Assembly
(A) The department of transportation shall prepare expense reports related to grants and loans that are issued by the department through its transportation grant and loan programs. The department shall submit each report to the president of the senate and the speaker of the house of representatives at the earliest of the following periods:
(1) The conclusion of the term of loan;
(2) The conclusion of the project funded by the grant;
(3) The end of the fiscal year for each fiscal year that the loan or the project is still pending.
(B) The department shall require the recipient of the loan or grant to assist in preparing the expense reports and itemizing the uses of the loan or grant money issued to that recipient.
(C) The department shall include its administrative expenses in managing the loan or grant program in the expense reports submitted in accordance with this section.
(D) If any content required for inclusion in an expense report under this section is the same content that the department submits to the Ohio state and local government expenditure database established under sections 113.70 to 113.77 of the Revised Code, the department may send copies of that content to the president of the senate and speaker of the house of representatives in lieu of including it in a report under this section.
Last updated May 3, 2023 at 1:10 PM
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.53 | Private Contribution Money to Support Highways and Roads Used by Animal-Drawn Vehicles.

Effective:
January 1, 2018
Latest Legislation:
House Bill 26 - 132nd General Assembly
(A) Any organization, individual, or group of individuals may give to the state or to any county or township by way of private contribution money to pay the expenses the state or county or township incurs in maintaining, repairing, or reconstructing highways and roads upon which animal-drawn vehicles travel.
(1) All money the state receives under this division shall be credited to the highway operating fund created by section 5735.051 of the Revised Code to be expended by the department of transportation as described in this division. If money is contributed to the state under this section, the donor may direct that the contribution be used to pay the maintenance, repair, or reconstruction expenses of a particular state highway or portion of state highway by specifically designating that state highway or portion thereof at the time of the contribution, and the department shall so expend the contribution. If the donor does not make such a designation, the department shall use the contribution to pay the maintenance, repair, or reconstruction expenses of a portion of state highway located within the county in which the donor resides or in which the organization maintains property and upon which animal-drawn vehicles regularly travel. The department may accumulate contributions designated for a particular highway until such time as the contributions can be expended in a meaningful manner.
(2) If a donor contributes money to a county or township, the donor is not permitted to make any specific road or highway designation. However, the county or township shall expend all contributions received under this section to maintain, repair, or reconstruct any road located within the county or township upon which animal-drawn vehicles travel. A county or township may accumulate contributions received under this section until such time as the contributions can be expended in a meaningful manner.
(B) Not later than the first day of April of every year, the department and every county and township that receives money under this section shall issue a written report detailing the amount of money the state, county, or township received under this section during the previous calendar year; the amount of money expended during the previous calendar year pursuant to this section; the amount of money received under this section but not expended during the previous calendar year; the highway or road projects for which the expenditures were made; and any other relevant data.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.56 | System Safety Program Plan.

Effective:
July 1, 2015
Latest Legislation:
House Bill 53 - 131st General Assembly
(A) Each transit agency shall do all of the following:
(1) Develop a system safety program documentation that complies with the safety program documentation standards adopted by the department of transportation under section 5501.55 of the Revised Code and includes standards and laws for the personal safety and security of passengers and employees;
(2) Conduct an annual internal safety audit and submit the audit to the department for input and approval;
(3) Report accidents and hazardous conditions, as defined in the guidelines developed by the director of transportation under section 5501.55 of the Revised Code, to the department within a time period specified by the department;
(4) Minimize, control, correct, or eliminate any identified and investigated hazardous condition within a time period specified by the department and in accordance with a plan approved by the department;
(5) Provide all necessary assistance to the department as required to allow the department to conduct or participate in appropriate on-site investigations of accidents and hazardous conditions or audits at the transit agency.
(B) Any part of a transit agency's system safety program that concerns security for the system is confidential and is not subject to disclosure, inspection, or copying under section 149.43 of the Revised Code. Security information shall be disclosed only at the discretion of the director or as otherwise provided in section 5501.55 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.60 | Specific Interchange Requirement.

Effective:
June 30, 2023
Latest Legislation:
House Bill 23 - 135th General Assembly
(A) When the boundaries of two municipal corporations are adjacent, the department of transportation shall ensure that limited access exit and entrance interchanges to an interstate highway located in those municipal corporations are constructed at intervals of at least one interchange every four and one-half miles when the following conditions exist:
(1) The adjacent municipal corporations each have a population of more than thirty-five thousand according to the most recent federal decennial census.
(2) The municipal corporations are located in different counties.
(3) At least one of the municipal corporations is located in a county with a population of more than one million according to the most recent federal decennial census.
(B) The department shall use money appropriated to it for highway purposes to comply with this section.
Last updated May 3, 2023 at 1:11 PM
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.74 | Termination of Public-Private Agreement.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
In the event of termination of the public-private agreement, the authority and duties of the operator cease, except for any duties and obligations that extend beyond the termination as provided in the public-private agreement, and the transportation facility reverts to the department of transportation and shall be dedicated to the department for public use.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.75 | Material Default by Operator.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
(A) Upon the occurrence and during the continuation of material default by an operator, not related to an event of force majeure, the department of transportation may do the following:
(1) Elect to take over the transportation facility, including the succession of all right, title, and interest in the transportation facility, subject to any liens on revenues previously granted by the private entity;
(2) Terminate the public-private agreement and exercise any other available rights and remedies.
(B) In the event that the department elects to take over a transportation facility, the department shall collect and pay any revenues that are subject to lien to satisfy any obligation and may do the following:
(1) Develop and operate the transportation facility, impose user fees for the use of the transportation facility, and comply with any service contracts;
(2) Solicit proposals for the maintenance and operation of the transportation facility under section 5501.71 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.76 | Issuance of Obligations.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
Obligations may be issued under section 5531.10 of the Revised Code for the purpose of providing funds to carry out sections 5501.70 to 5501.83 of the Revised Code with respect to the development or financing of a transportation facility.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.78 | Exemption From Ad Valorem Property Taxes and Special Assessments.

Effective:
September 11, 2014
Latest Legislation:
House Bill 533 - 130th General Assembly
A transportation facility and any tangible personal property used exclusively with a transportation facility that is owned by the department of transportation and leased, licensed, financed, or otherwise conveyed to an operator, or that is acquired, constructed, or otherwise provided by an operator on behalf of the department, is exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state. Building and construction materials that will be incorporated into a transportation facility pursuant to a public-private agreement are exempt from the taxes imposed under Chapters 5739. and 5741. of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.79 | Acquisition of Property.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
The department of transportation, in the same manner and for the same transportation purposes established in section 5519.01 of the Revised Code, may acquire property, rights-of-way, or other rights in property for transportation use in connection with transportation projects that are part of a public-private initiative in accordance with Chapter 163. of the Revised Code. If the department proposes to acquire property, rights-of-way, or other rights in property for such transportation use at the request of a private entity, the acquisition shall be by the department, in accordance with Chapter 163. of the Revised Code and only if the director of transportation first makes a finding that the acquisition is for a public transportation use and serves the public transportation purposes of sections 5501.70 to 5501.83 of the Revised Code; the director also shall require the private party to pay the costs of the acquisition.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.80 | Law Enforcement Officers; Powers.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
All law enforcement officers of the state and of an affected local jurisdiction shall have the same powers and jurisdiction within the limits of the transportation facility as they have in their respective areas of jurisdiction and access to the transportation facility at any time for the purpose of exercising such powers and jurisdiction.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.81 | Crossing or Relocation of Facility.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
An operator under sections 5501.70 to 5501.83 of the Revised Code and any utility whose facility is to be crossed or relocated shall cooperate fully in planning and arranging the manner of the crossing or relocation of the utility facility.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.82 | Sovereign Immunity.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
Nothing in sections 5501.70 to 5501.83 of the Revised Code shall be construed or deemed to affect any waiver of the sovereign immunity of the state or any officer or employee of the state with respect to the participation in or approval of all or any part of the transportation facility or its operation.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5501 | Department of Transportation › Section 5501.83 | Adoption of Rules.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
The department of transportation may adopt rules under Chapter 119. of the Revised Code to carry out sections 5501.70 to 5501.83 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.02 | Spending to Administer and Enforce Motor Vehicle and Traffic Laws.

Effective:
June 30, 2003
Latest Legislation:
House Bill 87 - 125th General Assembly
All expenditures for the administration and enforcement of motor vehicle and traffic laws by the department of public safety shall be paid out of moneys derived from fees, excises, or license taxes relating to registration, operation, or use of vehicles on public highways or to fuels used for propelling such vehicles as provided in Section 5a of Article XII, Ohio Constitution.
Last updated May 11, 2022 at 1:50 PM
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.03 | Division of Homeland Security.

Effective:
July 1, 2015
Latest Legislation:
House Bill 53 - 131st General Assembly
(A) There is hereby created in the department of public safety a division of homeland security.
(B) The division shall do all of the following:
(1) Coordinate all homeland security activities of all state agencies and be the liaison between state agencies and local entities for the purposes of communicating homeland security funding and policy initiatives;
(2) Collect, analyze, maintain, and disseminate information to support local, state, and federal law enforcement agencies, other government agencies, and private organizations in detecting, deterring, preventing, preparing for, responding to, and recovering from threatened or actual terrorist events. This information is not a public record pursuant to section 149.43 of the Revised Code.
(3) Coordinate efforts of state and local governments and private organizations to enhance the security and protection of critical infrastructure, including casino facilities, and key assets in this state;
(4) Develop and coordinate policies, protocols, and strategies that may be used to prevent, detect, prepare for, respond to, and recover from terrorist acts or threats;
(5) Develop, update, and coordinate the implementation of an Ohio homeland security strategic plan that will guide state and local governments in the achievement of homeland security in this state.
(C) The director of public safety shall appoint an executive director, who shall be head of the division of homeland security and who regularly shall advise the governor and the director on matters pertaining to homeland security. The executive director shall serve at the pleasure of the director of public safety. To carry out the duties assigned under this section, the executive director, subject to the direction and control of the director of public safety, may appoint and maintain necessary staff and may enter into any necessary agreements.
(D) Except as otherwise provided by law, nothing in this section shall be construed to give the director of public safety or the executive director of the division of homeland security authority over the incident management structure or responsibilities of local emergency response personnel.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.031 | Regulation of Amateur Radio Service Communications and Structures.

Effective:
August 15, 2012
Latest Legislation:
House Bill 158 - 129th General Assembly
(A) As used in this section:
(1) "Amateur radio service" means the amateur service, the amateur-satellite service, and the radio amateur civil emergency service as provided for under 47 C.F.R. part 97.
(2) "Amateur station" means a station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications.
(3) "Legislative authority" means the following:
(a) With respect to a county, any county rural zoning commission, board of county commissioners, or county board of zoning appeals;
(b) With respect to a township, any township zoning commission, board of township trustees, or township board of zoning appeals;
(c) With respect to a municipal corporation, the legislative authority of any municipal corporation, a planning commission established under section 713.01 of the Revised Code, or an administrative board created under section 713.11 of the Revised Code.
(B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25, 519.99, and 713.06 to 713.15 of the Revised Code do not confer on any legislative authority the authority to preclude amateur radio service communications. Any rules adopted under those sections by a legislative authority to regulate amateur radio service shall comply with the following limitations:
(1) The legislative authority shall not restrict the height or location of amateur station antenna structures in such a way as to prevent effective amateur radio service communications and shall comply with 47 C.F.R. 97.15.
(2) The rules shall reasonably accommodate amateur station communications and shall constitute the minimum practicable regulation necessary to accomplish the legislative authority's purpose.
(C) Any legislative authority that denies an application for approval of an amateur station antenna structure shall state the reasons for the denial and shall, on appeal, bear the burden of proving that the authority's actions are consistent with this section.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.05 | Driver's License Examination Section.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
There is hereby created in the department of public safety, a driver's license examination section.
The director of public safety may appoint necessary driver's license examiners and clerical personnel necessary to carry out the duties assigned under this section. The examiners shall be citizens of the United States and residents of the state and shall have such additional qualifications as the director prescribes.
The salaries and classifications of examiners and personnel shall be fixed in accordance with section 124.15 or 124.152 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.06 | Duty of Examiners.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Driver's license examiners assigned to the driver's license examination section shall conduct all examinations for driver's licenses as required by sections 4507.01 to 4507.36 of the Revised Code, subject to the rules issued by the registrar of motor vehicles.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.07 | Training Schools for Examiners.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The director of public safety may conduct training schools for prospective driver's license examiners and may establish rules governing the qualifications for admission to such schools and provide for competitive examinations to determine the fitness of such students for prospective examiners, not inconsistent with the rules of the director of administrative services.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.08 | Database of Persons With a Communication Disability.

Effective:
August 1, 2018
Latest Legislation:
House Bill 115 - 132nd General Assembly
(A) As used in this section:
(1) "Communication disability" has the same meaning as in section 3304.23 of the Revised Code.
(2) "Disability that can impair communication" has the same meaning as in section 3304.23 of the Revised Code.
(3) "Guardian" has the same meaning as in section 2111.01 of the Revised Code.
(4) "Ward" has the same meaning as in section 2111.01 of the Revised Code.
(B) The department of public safety shall establish and maintain a database of persons who register under this section as being diagnosed with a communication disability or a disability that can impair communication.
(C) Any person diagnosed with a communication disability or a disability that can impair communication who is eighteen years of age or older may register with the department for inclusion in the database by submitting a completed verification form established by the opportunities for Ohioans with disabilities agency under section 3304.23 of the Revised Code.
(D) Any parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication may register the minor child or the ward with the department for inclusion in the database by submitting a completed verification form established by the opportunities for Ohioans with disabilities agency under section 3304.23 of the Revised Code.
(E)(1) The department shall include in the database information provided on a completed verification form that the department determines is necessary for a law enforcement officer to identify a person as diagnosed with a communication disability or a disability that can impair communication. The department shall make the database available to state and local law enforcement officers through the law enforcement automated data system.
(2) Information in the database is not a public record subject to inspection or copying under section 149.43 of the Revised Code.
(F) A person diagnosed with a communication disability or a disability that can impair communication who is included in the database or the parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication who is included in the database may request removal of the person, minor, or ward, as applicable, from the database. The person, parent, or guardian shall do so by completing the verification form with only the information required under divisions (C)(1), (2), (3), (8), and (9) of section 3304.23 of the Revised Code, as applicable, and submitting the form to the department. Upon receipt of a properly completed verification form requesting the removal of a person with a communication disability or a disability that can impair communication from the database, the department shall immediately remove that person from the database.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.11 | Written Report of Motor Vehicle Accident.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
Every law enforcement agency representing a township, county, municipal corporation, or other political subdivision investigating a motor vehicle accident involving a fatality, personal injury, or property damage in an amount greater than one thousand dollars, within five days, shall forward a written report of such accident to the director of public safety on a form, which the director shall adopt subject to sections 119.01 to 119.13 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.12 | Use of Written Report of Motor Vehicle Accident.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) The accident reports submitted pursuant to section 5502.11 of the Revised Code shall be for the use of the director of public safety for purposes of statistical, safety, and other studies. The law enforcement agency that submitted a report shall furnish a copy of such report and associated documents to any person claiming an interest arising out of a motor vehicle accident, or to the person's attorney, upon the payment of a nonrefundable fee of four dollars or the amount approved by the board of county commissioners of the county in which the law enforcement agency is located as provided in division (B) of this section. With respect to accidents investigated by the state highway patrol, the director of public safety shall furnish to such person all related reports and statements upon the payment of a nonrefundable fee of four dollars. The cost of photographs or any other electronic format shall be in addition to the nonrefundable four-dollar fee for the accident report, whether the report was submitted by the state highway patrol or another law enforcement agency. A law enforcement agency may charge a fee that is in excess of four dollars for photographs and other electronic formats if such a fee is approved by a board of county commissioners of the county in which the law enforcement agency is located as provided in division (B) of this section.
Such state highway patrol reports, statements, and photographs, in the discretion of the director of public safety, may be withheld until all criminal prosecution has been concluded; the director of public safety may require proof, satisfactory to the director, of the right of any applicant to be furnished such documents.
(B) If, after the effective date of this amendment, the state highway patrol is authorized to charge a nonrefundable fee in excess of four dollars for an accident report relating to an accident investigated by the state highway patrol and all related reports and statements or a fee in excess of four dollars for photographs or other electronic formats related to an accident report, a law enforcement agency described in section 5502.11 of the Revised Code shall be authorized to charge that same fee for an accident report relating to an accident investigated by that law enforcement agency and all related reports and statements or for photographs or other electronic formats related to an accident report investigated by that law enforcement agency upon approval of the board of county commissioners of the county in which that law enforcement agency is located.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.13 | Investigative Unit.

Effective:
December 31, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The department of public safety shall maintain an investigative unit in order to conduct investigations and other enforcement activity authorized by Chapters 4301., 4303., 5101., 5107., and 5108. and sections 2903.12, 2903.13, 2903.14, 2907.09, 2913.46, 2917.11, 2921.13, 2921.31, 2921.32, 2921.33, 2923.12, 2923.121, 2925.11, 2925.13, 2927.02, and 4507.30 of the Revised Code. The director of public safety shall appoint the employees of the unit who are necessary, designate the activities to be performed by those employees, and prescribe their titles and duties.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.132 | Ohio Investigative Unit Fund.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
There is hereby created in the state treasury the Ohio investigative unit fund. The fund shall consist of any nonfederal money received by the investigative unit of the department of public safety that is not otherwise required to be deposited into another fund under any provision of the Revised Code. The director of public safety shall use the money in the fund to pay the expenses of administering the law relative to the powers and duties of the investigative unit. All investment earnings shall be retained by the fund.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.1321 | Ohio Investigative Unit Contingency Fund.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) There is hereby created the Ohio investigative unit contingency fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. All money seized during investigations or other enforcement activities of the investigative unit of the department of public safety prior to January 1, 2017 shall be deposited into the fund. The director of public safety shall transfer money upon resolution of all legal proceedings in accordance with Chapter 2981. of the Revised Code.
(B) There is hereby created the Ohio investigative unit custodial fund, which shall be in the custody of the treasurer of state, but shall not be part of the state treasury. All money seized during investigations or other enforcement activities of the investigative unit of the department of public safety on and after January 1, 2017, shall be deposited into the fund. The director of public safety shall transfer money upon resolution of all legal proceedings in accordance with Chapter 2981. of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.15 | Using Federal Funds.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
Any funding provided or made available by the United States or by any agency designated and authorized by the United States government for the purposes of enforcing compliance with supplemental nutrition assistance program laws shall be expended by the department of public safety for those purposes.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.16 | Cooperative or Contractual Arrangements With Other Governmental Entities.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
The director of public safety, on behalf of enforcement agents, may enter into cooperative or contractual arrangements with the United States, any agency or department of the United States, other states, other departments and political subdivisions of this state, or any other person or body politic to accomplish the purposes of the investigative unit of the department of public safety. The director shall cooperate with and not infringe upon the rights of other state departments, divisions, boards, commissions, and agencies, and private agencies, in the conduct of enforcement plans and other matters in which the department of public safety and those departments and agencies have common interests.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.17 | Public Safety Enforcement Agents Requirements.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
Enforcement agents of the department of public safety shall comply with the certification requirements established in section 109.77 of the Revised Code, take an oath of office, and receive from the governor, upon recommendation of the director of public safety, a commission indicating authority to make arrests as provided in section 5502.14 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.18 | Enforcement Agents May Assist State or Local Law Enforcement Officers.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
Enforcement agents of the department of public safety may render assistance to a state or local law enforcement officer at the request of that officer or may render assistance to a state or local law enforcement officer in the event of an emergency. An enforcement agent who serves outside the department under this section shall be considered as performing services within the agent's regular employment for purposes of compensation, indemnity fund rights, workers' compensation, and any other rights and benefits to which the agent may be entitled as incidents of the agent's regular employment. Such an enforcement agent retains personal immunity from civil liability under section 9.86 of the Revised Code and shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code.
A political subdivision that receives the assistance of an enforcement agent under this section is not subject to civil liability under Chapter 2744. of the Revised Code as a result of any action or omission of the agent.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.19 | Department of Public Safety Inspections of Retail Liquor Permit Premises.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
The department of public safety shall conduct inspections of retail liquor permit premises to determine their compliance with Chapters 4301. and 4303. of the Revised Code and the rules adopted under them by the liquor control commission pertaining to retail liquor permit holders.
Except as otherwise provided in this section, those inspections may be conducted only during those hours in which the permit holder is open for business and only by authorized enforcement agents of the department of public safety or by any peace officer, as defined in section 2935.01 of the Revised Code. Inspections may be conducted at other hours only to determine compliance with laws or commission rules that regulate the hours of sale of beer and intoxicating liquor and only if the enforcement agent or peace officer involved has reasonable cause to believe that those laws or rules are being violated. Any inspection conducted pursuant to this section is subject to all of the following requirements:
(A) The only property that may be confiscated is contraband, as defined in section 2901.01 of the Revised Code, or property that is otherwise necessary for evidentiary purposes.
(B) A complete inventory of all property confiscated from the premises shall be given to the permit holder or the permit holder's agent or employee by the confiscating enforcement agent or peace officer at the conclusion of the inspection. At that time, the inventory shall be signed by the confiscating enforcement agent or peace officer, and the enforcement agent or peace officer shall give the permit holder or the permit holder's agent or employee the opportunity to sign the inventory.
(C) Inspections conducted pursuant to this section shall be conducted in a reasonable manner. A finding by any court of competent jurisdiction that the inspection was not conducted in a reasonable manner in accordance with this section or any rules promulgated by the liquor control commission may be considered grounds for suppression of evidence. A finding by the liquor control commission that the inspection was not conducted in a reasonable manner in accordance with this section or any rules promulgated by the commission may be considered grounds for dismissal of the commission case.
If any court of competent jurisdiction finds that property confiscated as the result of an inspection is not necessary for evidentiary purposes and is not contraband, as defined in section 2901.01 of the Revised Code, the court shall order the immediate return of the confiscated property, if such property is not otherwise subject to forfeiture, to the permit holder. However, the return of this property is not grounds for dismissal of the case. The commission likewise may order the return of confiscated property if no criminal prosecution is pending or anticipated.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.22 | Emergency Management Agency.

Effective:
September 29, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
(A) There is hereby established within the department of public safety an emergency management agency, which shall be governed under rules adopted by the director of public safety under section 5502.25 of the Revised Code. The director, with the concurrence of the governor, shall appoint an executive director, who shall be head of the emergency management agency. The executive director may appoint a chief executive assistant, executive assistants, and administrative and technical personnel within that agency as may be necessary to plan, organize, and maintain emergency management adequate to the needs of the state. The executive director shall coordinate all activities of all agencies for emergency management within the state, shall maintain liaison with similar agencies of other states and of the federal government, shall cooperate with those agencies subject to the approval of the governor, and shall develop a statewide emergency operations plan that shall meet any applicable federal requirements for such plans. The executive director shall have such additional authority, duties, and responsibilities as are prescribed by the governor and the director or provided by law in all matters relating to emergency management that may be reflected in other sections of the Revised Code. The executive director shall advise the governor and director on matters pertaining to emergency management on a regular basis.
Whenever the disaster services agency or director is referred to or designated in any statute, rule, contract, or other document, the reference or designation shall be deemed to refer to the emergency management agency or executive director, as the case may be.
(B) For the purposes of emergency management, the executive director, with the approval of the director, may participate in federal programs, accept grants from, and enter into cooperative agreements or contractual arrangements with any federal, state, or local department, agency, or subdivision thereof, or any other person or body politic. Whenever the duties of the emergency management agency overlap with rights or duties of other federal, state, or local departments, agencies, subdivisions, or officials, or private agencies, the executive director shall cooperate with, and not infringe upon the rights and duties of, the other public or private entities.
Funds made available by the United States for the use of the emergency management agency shall be expended by that agency only for the purposes for which the funds were appropriated. In accepting federal funds, the emergency management agency shall abide by the terms and conditions of the grant, cooperative agreement, or contractual arrangement and shall expend the funds in accordance with the laws and regulations of the United States.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.25 | Rules for Emergency Management of State.

Effective:
September 29, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
The director of public safety, in accordance with Chapter 119. of the Revised Code, shall adopt, may amend or rescind, and shall enforce rules with respect to the emergency management of the state for the purpose of providing protection for its people against any hazard. The rules shall be made available for public inspection at the emergency operations center/joint dispatch facility and at such other places and during such reasonable hours as fixed by the executive director of emergency management.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.261 | Appropriation From General Fund for Agency Functions.

Effective:
June 30, 2006
Latest Legislation:
House Bill 530 - 126th General Assembly
A board of county commissioners that has entered into an agreement to establish a countywide emergency management agency may appropriate money from its general fund to support the functions and operations of the agency, including the development, acquisition, operation, and maintenance of a countywide public safety communication system and any communication devices, radios, and other equipment necessary for the system's operation and use. Money appropriated under this section may be expended to purchase and maintain the assets or equipment of the agency, including equipment used by the personnel of other political subdivisions that have entered into the agreement with the board establishing the agency. Money also may be appropriated under this section directly to a political subdivision that has entered into the agreement with the board establishing the agency, to enable the political subdivision to purchase communication devices, radios, and other equipment necessary for the countywide public safety communication system's operation and use.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.271 | Program for Emergency Management.

Effective:
May 15, 2002
Latest Legislation:
Senate Bill 184 - 124th General Assembly
The chief executive of any political subdivision that has not entered into a written agreement establishing either a countywide emergency management agency under section 5502.26 of the Revised Code or a regional authority for emergency management under section 5502.27 of the Revised Code shall establish a program for emergency management within that political subdivision that meets all of the following criteria:
(A) Is in accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted under those sections, local ordinances pertaining to emergency management, the "Robert T. Stafford Disaster Relief and Emergency Assistance Act," 88 Stat. 143, 42 U.S.C. 5121, et. seq., as amended, and all applicable rules and regulations adopted under that act;
(B) Includes, without limitation, development of an all-hazards emergency operations plan that has been coordinated with all agencies, boards, and divisions having emergency management functions within the political subdivision;
(C) Includes the preparation and conduct of an annual exercise of the political subdivision's all-hazards emergency operations plan;
(D) Is not inconsistent with the program for emergency management established for the county in which the political subdivision is located by a countywide emergency management agency under section 5502.26 of the Revised Code or a regional authority for emergency management under section 5502.27 of the Revised Code.
All agencies, boards, and divisions having emergency management functions within the political subdivision shall cooperate in the development of the all-hazards emergency operations plan and shall cooperate in the preparation and conduct of the annual exercise.
The chief executive shall appoint a director/coordinator of emergency management who shall pursue a professional development training program in accordance with rules adopted under section 5502.25 of the Revised Code. The director/coordinator of emergency management may be an official or employee of the political subdivision, but shall not be the chief executive of the political subdivision.
The director/coordinator shall be responsible for coordinating, organizing, administering, and operating emergency management in accordance with the political subdivision's program established under this section, subject to the direction and control of the chief executive.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.28 | Cooperation With Governor and Executive Director.

Effective:
April 14, 2006
Latest Legislation:
Senate Bill 9 - 126th General Assembly
(A) In carrying out sections 5502.21 to 5502.51 of the Revised Code, the governor shall utilize the services, equipment, supplies, and facilities of existing agencies of the state and of political subdivisions to the maximum extent practicable, and the officers and personnel of all such agencies shall cooperate with and extend such services, equipment, supplies, and facilities to the governor and to the executive director of the emergency management agency upon request.
(B) Every agency for emergency management established pursuant to sections 5502.21 to 5502.51 of the Revised Code and every political subdivision that has established a program for emergency management under section 5502.271 of the Revised Code, and the officers thereof, shall execute and enforce any emergency management orders and rules issued or adopted by the director of public safety.
(C) The national incident management system (NIMS) is hereby adopted as the standard procedure for incident management in this state. All departments, agencies, and political subdivisions within the state shall utilize the system for incident management.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5502 | Department of Public Safety › Section 5502.281 | Volunteer Database; Registration; Privacy Provisions; Liability.

Effective:
July 3, 2012
Latest Legislation:
Senate Bill 243 - 129th General Assembly
(A) The executive director of the emergency management agency, jointly with the director of health, shall do both of the following:
(1) Advise, assist, consult with, and cooperate with agencies and political subdivisions of this state to establish and maintain a statewide system for recruiting, registering, training, and deploying the types of volunteers reasonably necessary to respond to an emergency declared by the state or a political subdivision;
(2) Establish fees, procedures, standards, and requirements necessary for recruiting, registering, training, and deploying the volunteers as required under this section.
(B)(1) A registered volunteer's status as a volunteer, and any information presented in summary, statistical, or aggregate form that does not identify an individual, is a public record pursuant to section 149.43 of the Revised Code.
(2) Information related to a registered volunteer's specific and unique responsibilities, assignments, or deployment plans, including but not limited to training, preparedness, readiness, or organizational assignment, is a security record for purposes of section 149.433 of the Revised Code.
(3) Information related to a registered volunteer's personal information, including but not limited to contact information, medical information, or information related to family members or dependents, is not a public record pursuant to section 149.43 of the Revised Code.
(C) A volunteer registered under this section is not liable in damages to any person or government entity in tort or other civil action, including an action upon a medical, dental, chiropractic, optometric, or other health-related claim or veterinary claim, for injury, death, or loss to person or property that may arise from an act or omission of that volunteer. This division applies to a registered volunteer while providing services within the scope of the volunteer's responsibilities during an emergency declared by the state or political subdivision or in disaster-related exercises, testing, or other training activities, if the volunteer's act or omission does not constitute willful or wanton misconduct.
(D) As used in this section:
(1) "Registered volunteer" means any individual registered as a volunteer pursuant to procedures established under this section and who serves without pay or other consideration, other than the reasonable reimbursement or allowance for expenses actually incurred or the provision of incidental benefits related to the volunteer's service, such as meals, lodging, and child care.
(2) "Political subdivision" means a county, township, or municipal corporation in this state.