As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 85  5            

      1997-1998                                                    6            


                        SENATOR OELSLAGER                          8            


                                                                   10           

                           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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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