As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 618 5
1997-1998 6
REPRESENTATIVES OPFER-BENDER-MALLORY-BOGGS-HARTLEY-WESTON-ROBERTS- 8
HEALY-MAIER-JERSE-MOTTL-JAMES-PRENTISS-SAWYER-WHALEN-CATES- 9
LUEBBERS-BRADING-COLONNA-SULZER-BRITTON-TAVARES-METELSKY- 10
CORBIN-GRENDELL-TERWILLEGER-BATEMAN-FORD-PRINGLE-BOYD-THOMAS- 11
GARCIA-LUCAS-MOTTLEY-ALLEN-PATTON-VERICH-OGG-BRADY-WILSON- 12
WACHTMANN-VESPER-GARDNER-REID-GERBERRY-BUCHY-HAINES-O'BRIEN- 13
JOLIVETTE-SUTTON-LOGAN-JONES-MASON-PERZ-ROMAN-YOUNG- 14
HOUSEHOLDER-DAMSCHRODER-HODGES-NETZLEY-JOHNSON-SALERNO- 15
SENATORS LATTA-OELSLAGER 16
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A B I L L
To amend sections 4511.75 and 4549.99 of the Revised 19
Code to increase the penalty for leaving the 21
scene of an accident that results in serious 22
physical harm or death and to require drivers of 23
other vehicles to stop for any bus operated by an 24
agency offering a Head Start program when the bus 26
is equipped and marked as a school bus and is 27
stopped to receive or discharge a child attending 28
the program. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 4511.75 and 4549.99 of the 33
Revised Code be amended to read as follows: 35
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or 44
trackless trolley upon meeting or overtaking from either 45
direction any school bus stopped for the purpose of receiving or 46
discharging any school child or, person attending programs 47
offered by community boards of mental health and county boards of 49
mental retardation and developmental disabilities, OR CHILD 50
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ATTENDING A PROGRAM OFFERED BY A HEAD START AGENCY, shall stop at 53
least ten feet from the front or rear of the school bus and shall 54
not proceed until such school bus resumes motion, or until 55
signaled by the school bus driver to proceed. 56
It is no defense to a charge under this division that the 58
school bus involved failed to display or be equipped with an 59
automatically extended stop warning sign as required by division 60
(B) of this section. 61
(B) Every school bus shall be equipped with amber and red 63
visual signals meeting the requirements of section 4511.771 of 64
the Revised Code, and an automatically extended stop warning sign 65
of a type approved by the state board of education, which shall 66
be actuated by the driver of the bus whenever but only whenever 67
the bus is stopped or stopping on the roadway for the purpose of 68
receiving or discharging school children or, persons attending 69
programs offered by community boards of mental health and county 70
boards of mental retardation and developmental disabilities, OR 71
CHILDREN ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES. A 72
school bus driver shall not actuate the visual signals or the 73
stop warning sign in designated school bus loading areas where 74
the bus is entirely off the roadway or at school buildings when 75
children or persons attending programs offered by community 76
boards of mental health and county boards of mental retardation 77
and developmental disabilities are loading or unloading at 78
curbside OR AT BUILDINGS WHEN CHILDREN ATTENDING PROGRAMS OFFERED 79
BY HEAD START AGENCIES ARE LOADING OR UNLOADING AT CURBSIDE. The 80
visual signals and stop warning sign shall be synchronized or 82
otherwise operated as required by rule of the board. 83
(C) Where a highway has been divided into four or more 85
traffic lanes, a driver of a vehicle, streetcar, or trackless 86
trolley need not stop for a school bus approaching from the 87
opposite direction which has stopped for the purpose of receiving 88
or discharging any school child or, persons attending programs 89
offered by community boards of mental health and county boards of 90
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mental retardation and developmental disabilities, OR CHILDREN 91
ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES. The driver of 92
any vehicle, streetcar, or trackless trolley overtaking the 93
school bus shall comply with division (A) of this section. 94
(D) School buses operating on divided highways or on 96
highways with four or more traffic lanes shall receive and 97
discharge all school children or, persons attending programs 98
offered by community boards of mental health and county boards of 99
mental retardation and developmental disabilities, AND CHILDREN 100
ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES on their 101
residence side of the highway. 102
(E) No school bus driver shall start his THE DRIVER'S bus 104
until after any child or, person attending programs offered by 106
community boards of mental health and county boards of mental 107
retardation and developmental disabilities, OR CHILD ATTENDING A 108
PROGRAM OFFERED BY A HEAD START AGENCY who may have alighted 109
therefrom has reached a place of safety on his THE CHILD'S OR 110
PERSON'S residence side of the road. 111
(F) AS USED IN THIS SECTION: 114
(1) "HEAD START AGENCY" HAS THE SAME MEANING AS IN 116
DIVISION (A)(1) OF SECTION 3301.31 OF THE REVISED CODE. 119
(2) "SCHOOL BUS," AS USED IN RELATION TO CHILDREN WHO 121
ATTEND A PROGRAM OFFERED BY A HEAD START AGENCY, MEANS A BUS THAT 122
IS OWNED AND OPERATED BY A HEAD START AGENCY, IS EQUIPPED WITH AN 123
AUTOMATICALLY EXTENDED STOP WARNING SIGN OF A TYPE APPROVED BY 124
THE STATE BOARD OF EDUCATION, IS PAINTED THE COLOR AND DISPLAYS 125
THE MARKINGS DESCRIBED IN SECTION 4511.77 OF THE REVISED CODE, 127
AND IS EQUIPPED WITH AMBER AND RED VISUAL SIGNALS MEETING THE 128
REQUIREMENTS OF SECTION 4511.771 OF THE REVISED CODE, 130
IRRESPECTIVE OF WHETHER OR NOT THE BUS HAS FIFTEEN OR MORE 131
CHILDREN ABOARD AT ANY TIME. "SCHOOL BUS" DOES NOT INCLUDE A VAN 132
OWNED AND OPERATED BY A HEAD START AGENCY, IRRESPECTIVE OF ITS
COLOR, LIGHTS, OR MARKINGS. 133
Sec. 4549.99. (A) Whoever violates section 4549.01, 143
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4549.10, 4549.11, or 4549.12 of the Revised Code is guilty of a 144
minor misdemeanor on a first offense and a misdemeanor of the 145
fourth degree on each subsequent offense. 147
(B) Whoever EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 149
WHOEVER violates section 4549.02, 4549.021, or 4549.03 of the 152
Revised Code is guilty of a misdemeanor of the first degree. 153
WHOEVER VIOLATES SECTION 4549.02 OR 4549.021 OF THE REVISED CODE 154
WHEN THE ACCIDENT OR COLLISION THAT IS THE BASIS OF THE VIOLATION 155
RESULTS IN SERIOUS PHYSICAL HARM OR DEATH TO A PERSON IS GUILTY 156
OF A FELONY OF THE FIFTH DEGREE. 157
(C) Whoever violates section 4549.042 or sections 4549.41 159
to 4549.46 of the Revised Code is guilty of a felony of the 160
fourth degree on a first offense and a felony of the third degree 161
on each subsequent offense. The prosecuting attorney of the 163
proper county, or the attorney general by information or 164
complaint, may bring a criminal action in the courts of common 165
pleas of this state, or in any other court of competent 166
jurisdiction, to enforce the provisions of sections 4549.41 to 167
4549.51 of the Revised Code. The attorney general and the 168
prosecuting attorney of the county in which a person licensed or 169
granted a permit under Chapter 4517. of the Revised Code is 170
convicted of, or pleads guilty to, a violation of sections 171
4549.41 to 4549.46 of the Revised Code shall report the
conviction or guilty plea to the registrar of motor vehicles 172
within five business days. 173
(D) Whoever violates section 4549.08 of the Revised Code 175
is guilty of a misdemeanor of the fourth degree on a first 176
offense and a misdemeanor of the third degree on each subsequent 178
offense.
(E) Whoever violates section 4549.18 or division (D)(4)(c) 180
of section 4549.62 of the Revised Code is guilty of a minor 181
misdemeanor. 182
(F) Whoever violates division (A), (B), (C), or (D)(1) of 184
section 4549.62 of the Revised Code is guilty of a felony of the 185
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fifth degree on a first offense and a felony of the fourth degree 188
on each subsequent offense.
Section 2. That existing sections 4511.75 and 4549.99 of 190
the Revised Code are hereby repealed. 192