As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 85 5
1997-1998 6
SENATOR OELSLAGER 8
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A B I L L
To amend sections 125.11, 4301.62, 4511.762, 12
5513.07, and 5515.07 and to enact section 13
5501.451 of the Revised Code to correct an 14
inadvertent omission from Sub. H.B. 210 of the
122nd General Assembly, as it was reported by the 15
Senate Highways & Transportation Committee, of 16
certain amendments adopted by the Committee but 17
not included in the bill when it was assembled
for the Committee report, including a requirement 18
for the district deputy directors of the 19
Department of Transportation to maintain a coffee 20
break program, an exception to the prohibition
against possession of an open container granted 21
to an F liquor permit holder during an outdoor 22
music festival, a requirement for the Department 23
to continue a program to lease unneeded state
property for billboards, an exclusion from the 24
"Buy America" provisions of law for the purchase 25
of rock salt by the Department of Transportation, 26
and allowing a church bus to be painted yellow if 27
it previously was registered as a school bus and 28
meets other requirements, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 125.11, 4301.62, 4511.762, 32
5513.07, and 5515.07 be amended and section 5501.451 of the 33
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Revised Code be enacted to read as follows: 34
Sec. 125.11. (A) Subject to division (B) of this section, 44
contracts required to be awarded pursuant to competitive sealed 45
bidding, including such contracts awarded under section 125.081 46
of the Revised Code, shall be awarded to the lowest responsive 47
and responsible bidder on each item in accordance with section 48
9.312 of the Revised Code. When the contract is for meat
products as defined in section 918.01 of the Revised Code or 49
poultry products as defined in section 918.21 of the Revised 50
Code, only those bids received from vendors offering products 51
from establishments on the current list of meat and poultry 53
vendors established and maintained by the director of 54
administrative services under section 125.17 of the Revised Code 55
shall be eligible for acceptance. The department of
administrative services may accept or reject any or all bids in 56
whole or by items, except that when the contract is for services 57
or supplies available from a qualified nonprofit agency pursuant 58
to sections 4115.31 to 4115.35 of the Revised Code, the contract 59
shall be awarded to that agency. 60
(B) Prior to awarding a contract under division (A) of 62
this section, the department of administrative services or the 63
state agency responsible for evaluating a contract for the 64
purchase of goods shall evaluate the bids received according to 65
the criteria and procedures established pursuant to divisions 66
(C)(1) and (2) of section 125.09 of the Revised Code for 67
determining if a product is produced or mined in the United 68
States and if a product is produced or mined in Ohio. The 69
department or other agency shall first remove bids that offer 70
supplies that have not been or that will not be produced or mined 71
in the United States. From among the remaining bids, the 72
department shall select the lowest responsive and responsible 73
bid, in accordance with section 9.312 of the Revised Code, from 74
among the bids that offer goods that have been produced or mined 75
in Ohio where sufficient competition can be generated within Ohio 76
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to ensure that compliance with these requirements will not result 77
in an excessive price for the product or acquiring a 78
disproportionately inferior product. If there are two or more 79
qualified bids that offer goods which have been produced or mined 80
in Ohio, it shall be deemed that there is sufficient competition 81
to prevent an excessive price for the product or the acquiring of 82
a disproportionately inferior product. 83
(C) Division (B) of this section applies to contracts for 85
which competitive bidding is waived by the controlling board. 86
(D) Division (B) of this section does not apply to the 88
EITHER OF THE FOLLOWING: 89
(1) THE purchase by the division of liquor control of 92
spirituous liquor; 93
(2) THE PURCHASE BY THE DEPARTMENT OF TRANSPORTATION OF 95
ROCK SALT.
(E) The director of administrative services shall publish 97
in the form of a model act for use by counties, townships, and 98
municipal corporations, or any other political subdivision 99
described in division (B) of section 125.04 of the Revised Code, 100
a system of preferences for products mined and produced in Ohio 102
and in the United States and for Ohio-based contractors. The 103
model act shall reflect substantial equivalence to the system of 104
preferences in purchasing and public improvement contracting 105
procedures under which the state operates pursuant to this 106
chapter and section 153.012 of the Revised Code. To the maximum 107
extent possible, consistent with the Ohio system of preferences 108
in purchasing and public improvement contracting procedures, the 109
model act shall incorporate all of the requirements of the 110
federal "Buy America Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 111
10d, as amended, and the rules adopted thereunder. 112
Prior to and during the development and promulgation of the 114
model act, the director shall consult with appropriate statewide 115
organizations representing counties, townships, and municipal 116
corporations so as to identify the special requirements and 117
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concerns these political subdivisions have in their purchasing 118
and public improvement contracting procedures. The director 119
shall promulgate the model act by rule adopted pursuant to 120
Chapter 119. of the Revised Code and shall revise the act as 121
necessary to reflect changes in this chapter or section 153.012 122
of the Revised Code. 123
The director shall make available copies of the model act, 125
supporting information, and technical assistance to any township, 126
county, or municipal corporation wishing to incorporate the 127
provisions of the act into its purchasing or public improvement 128
contracting procedure. 129
Sec. 4301.62. (A) As used in this section: 139
(1) "Chauffered CHAUFFEURED limousine" means a vehicle 141
registered under section 4503.24 of the Revised Code. 142
(2) "Street," "highway," and "motor vehicle" have the same 144
meanings as in section 4511.01 of the Revised Code. 145
(B) No person shall have in his THE PERSON'S possession an 147
opened container of beer or intoxicating liquor in any of the 148
following circumstances: 149
(1) In a state liquor store; 151
(2) On EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 153
ON the premises of the holder of any permit issued by the 155
division of liquor control;
(3) In any other public place; 157
(4) Except as provided in division (D) of this section, 159
while operating or being a passenger in or on a motor vehicle on 161
any street, highway, or other public or private property open to 162
the public for purposes of vehicular travel or parking; 163
(5) Except as provided in division (D) of this section, 165
while being in or on a stationary motor vehicle on any street, 166
highway, or other public or private property open to the public 167
for purposes of vehicular travel or parking.
(C) This section does not apply to A PERSON MAY HAVE IN 169
THE PERSON'S POSSESSION AN OPENED CONTAINER OF beer or 170
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intoxicating liquor which THAT has been lawfully purchased for 171
consumption on the premises where bought of a holder of an A-1-A, 172
A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, 173
D-5e, D-5f, D-5g, D-5h, D-5i, D-7, E, F, or F-2 permit, or to 174
beer or intoxicating liquor consumed on the premises of a 175
convention facility as provided in section 4303.201 of the 176
Revised Code.
A PERSON MAY HAVE IN THE PERSON'S POSSESSION ON AN F LIQUOR 179
PERMIT PREMISES AN OPENED CONTAINER OF BEER OR INTOXICATING 180
LIQUOR THAT WAS NOT PURCHASED FROM THE HOLDER OF THE F PERMIT IF 182
THE PREMISES FOR WHICH THE F PERMIT IS ISSUED IS A MUSIC FESTIVAL 184
AND THE HOLDER OF THE F PERMIT GRANTS PERMISSION FOR SUCH 186
POSSESSION ON THE PREMISES DURING THE PERIOD FOR WHICH THE F 187
PERMIT IS ISSUED. AS USED IN THIS DIVISION, "MUSIC FESTIVAL" 188
MEANS A SERIES OF OUTDOOR LIVE MUSICAL PERFORMANCES, EXTENDING 189
FOR A PERIOD OF AT LEAST THREE CONSECUTIVE DAYS AND LOCATED ON AN 190
AREA OF LAND OF AT LEAST FORTY ACRES. 191
(D) This section does not apply to a person who pays all 193
or a portion of the fee imposed for the use of a chauffeured 195
limousine pursuant to a prearranged contract, or the guest of
such a person, when all of the following apply: 196
(1) The person or guest is a passenger in the limousine; 198
(2) The person or guest is located in the limousine, but is 200
not occupying a seat in the front compartment of the limousine 201
where the operator of the limousine is located; 202
(3) The limousine is located on any street, highway, or 204
other public or private property open to the public for purposes 205
of vehicular travel or parking. 206
Sec. 4511.762. No (A) EXCEPT AS PROVIDED IN DIVISION (B) 216
OF THIS SECTION, NO person who is the owner of a BUS THAT
PREVIOUSLY WAS REGISTERED AS A school bus which THAT is used or 218
is to be used exclusively for purposes other than the 219
transportation of children, shall operate such THE bus or permit 220
it to be operated within this state unless such THE bus has been 222
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painted a color different from that prescribed for school busses 223
BUSES by section 4511.77 of the Revised Code and painted in such 224
a way that the letters WORDS "stop" and "school bus" are 225
obliterated.
(B) ANY CHURCH BUS THAT PREVIOUSLY WAS REGISTERED AS A 227
SCHOOL BUS AND IS REGISTERED UNDER SECTION 4503.07 OF THE REVISED 229
CODE MAY RETAIN THE PAINT COLOR PRESCRIBED FOR SCHOOL BUSES BY 230
SECTION 4511.77 OF THE REVISED CODE IF THE BUS COMPLIES WITH ALL 232
OF THE FOLLOWING: 233
(1) THE WORDS "SCHOOL BUS" REQUIRED BY SECTION 4511.77 OF 235
THE REVISED CODE ARE COVERED OR OBLITERATED AND THE BUS IS MARKED 237
ON THE FRONT AND REAR WITH THE WORDS "CHURCH BUS" PAINTED IN 238
BLACK LETTERING NOT LESS THAN TEN INCHES IN HEIGHT; 239
(2) THE AUTOMATICALLY EXTENDED STOP WARNING SIGN REQUIRED 241
BY SECTION 4511.75 OF THE REVISED CODE IS REMOVED AND THE WORD 243
"STOP" REQUIRED BY SECTION 4511.77 OF THE REVISED CODE IS COVERED 245
OR OBLITERATED;
(3) THE FLASHING RED AND AMBER LIGHTS REQUIRED BY SECTION 247
4511.771 OF THE REVISED CODE ARE COVERED OR REMOVED; 249
(4) THE INSPECTION DECAL REQUIRED BY SECTION 4511.761 OF 251
THE REVISED CODE IS COVERED OR REMOVED; 253
(5) THE IDENTIFICATION NUMBER ASSIGNED UNDER SECTION 255
4511.764 OF THE REVISED CODE AND MARKED IN BLACK LETTERING ON THE 257
FRONT AND REAR OF THE BUS IS COVERED AND REMOVED. 258
Sec. 5501.451. IN ACCORDANCE WITH SECTION 5501.45 OF THE 260
REVISED CODE, THE DIRECTOR OF TRANSPORTATION SHALL IMPLEMENT A 262
PROGRAM ALLOWING, BY LEASE OR PERMIT, THE USE OF LANDS OWNED BY 263
THE STATE AND ACQUIRED OR USED FOR THE STATE HIGHWAY SYSTEM OR 264
FOR HIGHWAYS OR IN CONNECTION WITH HIGHWAYS OR AS INCIDENTAL TO 265
THE ACQUISITION OF LAND FOR HIGHWAYS BY PERSONS ERECTING 266
ADVERTISING DEVICES ON THE PROPERTY. THE PROGRAM SHALL BE 267
OPERATED IN ACCORDANCE WITH GUIDELINES IN EFFECT ON JANUARY 1, 268
1996.
NOTHING IN THIS SECTION SHALL PROHIBIT OR RESTRICT THE 270
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DIRECTOR FROM DETERMINING THAT PROPERTY ON WHICH AN ADVERTISING 271
DEVICE IS LOCATED HAS BECOME NECESSARY FOR STATE HIGHWAY OR 272
RECREATION PURPOSES AND TERMINATING A LEASE OR PERMIT. NOTHING 273
IN THIS SECTION SHALL REQUIRE THE DIRECTOR TO MAINTAIN A LEASE OR 275
PERMIT AT A SPECIFIC LOCATION OR PROHIBIT THE DIRECTOR FROM
MODIFYING THE TERMS OF A SPECIFIC LEASE OR PERMIT. 276
AS USED IN THIS SECTION "ADVERTISING DEVICE" HAS THE SAME 278
MEANING AS IN SECTION 5516.01 OF THE REVISED CODE. 279
Sec. 5513.07. (A) The director of transportation shall 288
adopt a policy for use by the department of transportation in 289
giving preference to United States products. The policy shall 291
include criteria and procedures for determining that a product is 292
produced or mined in the United States and shall address 294
information to be submitted by bidders as to the nature of the 295
product and the location where it is produced or mined. The
policy may include waivers and such other requirements or 296
procedures reasonably necessary to implement the system of 297
preferences established pursuant to this section. In adopting 298
the policy, the director shall consider, and to the extent
possible and appropriate, shall conform to the requirements of 299
the federal "Buy America Act," 47 Stat. 1520 (1933), 41 U.S.C. 300
10a-10d, as amended, and to the regulations adopted thereunder. 302
(B) Prior to awarding a contract under section 5513.02 of 305
the Revised Code, the director shall evaluate the bids received 306
to determine if a product is produced or mined in the United 307
States. The director shall first reject bids that offer products 308
that have not been or that will not be produced or mined in the 309
United States, provided that the director is not required to 310
reject such bids if the rejection would result in an excessive
price for the product or in acquiring a disproportionately 311
inferior product. When the system of preferences is in effect, 312
no person with responsibility for awarding contracts for the 313
department shall do so in violation of the preference system. 314
(C) DIVISIONS (A) AND (B) OF THIS SECTION DO NOT APPLY TO 317
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THE PURCHASE OF ROCK SALT BY THE DEPARTMENT.
Sec. 5515.07. (A) The director of transportation, in 326
accordance with Chapter 119. of the Revised Code, shall adopt 327
rules consistent with the safety of the traveling public and 328
consistent with the national policy to govern the use and control 329
of rest areas within the limits of the right-of-way of interstate 330
highways and other state highways and in other areas within the 331
limits of the right-of-way of interstate highways. 332
(B) Except as provided in division (C) of this section, no 334
person shall engage in selling or offering for sale or exhibiting 335
for purposes of sale, goods, products, merchandise, or services 336
within the bounds of rest areas within the limits of the 337
right-of-way of interstate highways and other state highways, or 338
in other areas within the limits of the right-of-way of 339
interstate highways, unless the director issues a permit in 340
accordance with section 5515.01 of the Revised Code. 341
NOTWITHSTANDING ANY RULES ADOPTED BY THE DIRECTOR TO THE CONTRARY 342
OR ANY OTHER POLICY CHANGES PROPOSED BY THE DIRECTOR, EACH 343
DISTRICT DEPUTY DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION 345
SHALL CONTINUE TO IMPLEMENT ANY PROGRAM ALLOWING ORGANIZATIONS TO 346
DISPENSE FREE COFFEE OR SIMILAR ITEMS AFTER OBTAINING A PERMIT 348
THAT OPERATED WITHIN THE DISTRICT PRIOR TO JANUARY 1, 1997. EACH 349
DISTRICT DEPUTY DIRECTOR SHALL OPERATE SUCH PROGRAM WITHIN THE 350
DISTRICT IN THE SAME MANNER AS THE PROGRAM WAS OPERATED PRIOR TO 351
THAT DATE.
(C) In accordance with rules adopted under division (A) of 353
this section, the director may cause vending machines to be 354
placed within each rest area that is able to accommodate the 355
machines. The vending machines shall dispense food, drink, and 356
other appropriate articles. 357
(D) This section does not apply to the sale of goods, 359
products, merchandise, or services required for the emergency 360
repair of motor vehicles or emergency medical treatment. 361
Section 2. That existing sections 125.11, 4301.62, 363
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4511.762, 5513.07, and 5515.07 of the Revised Code are hereby 364
repealed.
Section 3. Sections 125.11 and 4301.62 of the Revised Code 366
are amended by this act and also by Am. Sub. S.B. 162 of the 367
121st General Assembly (effective July 1, 1997). The amendments 368
of Am. Sub. S.B. 162 are included in this act in lower case to 369
confirm the intention to retain them, but are not intended to be 370
effective until July 1, 1997. 371
Section 4. Section 125.11 of the Revised Code is presented 373
in this act as a composite of the section as amended by both Am. 375
S.B. 99 and Am. Sub. S.B. 162 of the 121st General Assembly, with
the new language of neither of the acts shown in capital letters. 377
This is in recognition of the principle stated in division (B) of 378
section 1.52 of the Revised Code that such amendments are to be 379
harmonized where not substantively irreconcilable and constitutes 380
a legislative finding that such is the resulting version in 381
effect prior to the effective date of this act. 382
Section 5. This act is hereby declared to be an emergency 384
measure necessary for the immediate preservation of the public 385
peace, health, and safety. The reason for such necessity is that 387
the complete restoration of the amendments that were
inadvertently omitted from Am. Sub. H.B. 210 of the 122nd General 389
Assembly requires the greatest possible coordination of
respective effective dates between the two bills, and to 390
recognize the intended emergency nature of Sub. H.B. 210. 391
Therefore, this act shall go into immediate effect. 392