As Reported by the Senate Highways and Transportation Committee 1
122nd General Assembly 4
Regular Session Am. S. B. No. 85 5
1997-1998 6
SENATOR OELSLAGER 8
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A B I L L
To amend sections 4301.62, 4511.762, and 5515.07 and 13
to enact section 5501.451 of the Revised Code to
correct an inadvertent omission from Sub. H.B. 14
210 of the 122nd General Assembly, as it was 15
reported by the Senate Highways & Transportation 16
Committee, of certain amendments adopted by the 17
Committee but not included in the bill when it
was assembled for the Committee report, including 18
a requirement for the district deputy directors 19
of the Department of Transportation to maintain a 20
coffee break program, an exception to the
prohibition against possession of an open 21
container granted to an F liquor permit holder 22
during an outdoor music festival, a requirement
for the Department to continue a program to lease 23
unneeded state property for billboards, and 25
allowing a church bus to be painted yellow if it 26
previously was registered as a school bus and 27
meets other requirements, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 4301.62, 4511.762, and 5515.07 be 32
amended and section 5501.451 of the Revised Code be enacted to 33
read as follows:
Sec. 4301.62. (A) As used in this section: 43
(1) "Chauffered CHAUFFEURED limousine" means a vehicle 45
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registered under section 4503.24 of the Revised Code. 46
(2) "Street," "highway," and "motor vehicle" have the same 48
meanings as in section 4511.01 of the Revised Code. 49
(B) No person shall have in his THE PERSON'S possession an 51
opened container of beer or intoxicating liquor in any of the 52
following circumstances: 53
(1) In a state liquor store; 55
(2) On EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 57
ON the premises of the holder of any permit issued by the 59
division of liquor control;
(3) In any other public place; 61
(4) Except as provided in division (D) of this section, 63
while operating or being a passenger in or on a motor vehicle on 65
any street, highway, or other public or private property open to 66
the public for purposes of vehicular travel or parking; 67
(5) Except as provided in division (D) of this section, 69
while being in or on a stationary motor vehicle on any street, 70
highway, or other public or private property open to the public 71
for purposes of vehicular travel or parking.
(C) This section does not apply to A PERSON MAY HAVE IN 73
THE PERSON'S POSSESSION AN OPENED CONTAINER OF beer or 74
intoxicating liquor which THAT has been lawfully purchased for 75
consumption on the premises where bought of a holder of an A-1-A, 76
A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, 77
D-5e, D-5f, D-5g, D-5h, D-5i, D-7, E, F, or F-2 permit, or to 78
beer or intoxicating liquor consumed on the premises of a 79
convention facility as provided in section 4303.201 of the 80
Revised Code.
A PERSON MAY HAVE IN THE PERSON'S POSSESSION ON AN F LIQUOR 83
PERMIT PREMISES AN OPENED CONTAINER OF BEER OR INTOXICATING 84
LIQUOR THAT WAS NOT PURCHASED FROM THE HOLDER OF THE F PERMIT IF 86
THE PREMISES FOR WHICH THE F PERMIT IS ISSUED IS A MUSIC FESTIVAL 88
AND THE HOLDER OF THE F PERMIT GRANTS PERMISSION FOR SUCH 90
POSSESSION ON THE PREMISES DURING THE PERIOD FOR WHICH THE F 91
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PERMIT IS ISSUED. AS USED IN THIS DIVISION, "MUSIC FESTIVAL" 92
MEANS A SERIES OF OUTDOOR LIVE MUSICAL PERFORMANCES, EXTENDING 93
FOR A PERIOD OF AT LEAST THREE CONSECUTIVE DAYS AND LOCATED ON AN 94
AREA OF LAND OF AT LEAST FORTY ACRES. 95
(D) This section does not apply to a person who pays all 97
or a portion of the fee imposed for the use of a chauffeured 99
limousine pursuant to a prearranged contract, or the guest of
such a person, when all of the following apply: 100
(1) The person or guest is a passenger in the limousine; 102
(2) The person or guest is located in the limousine, but is 104
not occupying a seat in the front compartment of the limousine 105
where the operator of the limousine is located; 106
(3) The limousine is located on any street, highway, or 108
other public or private property open to the public for purposes 109
of vehicular travel or parking. 110
Sec. 4511.762. No (A) EXCEPT AS PROVIDED IN DIVISION (B) 120
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 122
is to be used exclusively for purposes other than the 123
transportation of children, shall operate such THE bus or permit 124
it to be operated within this state unless such THE bus has been 126
painted a color different from that prescribed for school busses 127
BUSES by section 4511.77 of the Revised Code and painted in such 128
a way that the letters WORDS "stop" and "school bus" are 129
obliterated.
(B) ANY CHURCH BUS THAT PREVIOUSLY WAS REGISTERED AS A 131
SCHOOL BUS AND IS REGISTERED UNDER SECTION 4503.07 OF THE REVISED 133
CODE MAY RETAIN THE PAINT COLOR PRESCRIBED FOR SCHOOL BUSES BY 134
SECTION 4511.77 OF THE REVISED CODE IF THE BUS COMPLIES WITH ALL 136
OF THE FOLLOWING: 137
(1) THE WORDS "SCHOOL BUS" REQUIRED BY SECTION 4511.77 OF 139
THE REVISED CODE ARE COVERED OR OBLITERATED AND THE BUS IS MARKED 141
ON THE FRONT AND REAR WITH THE WORDS "CHURCH BUS" PAINTED IN 142
BLACK LETTERING NOT LESS THAN TEN INCHES IN HEIGHT; 143
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(2) THE AUTOMATICALLY EXTENDED STOP WARNING SIGN REQUIRED 145
BY SECTION 4511.75 OF THE REVISED CODE IS REMOVED AND THE WORD 147
"STOP" REQUIRED BY SECTION 4511.77 OF THE REVISED CODE IS COVERED 149
OR OBLITERATED;
(3) THE FLASHING RED AND AMBER LIGHTS REQUIRED BY SECTION 151
4511.771 OF THE REVISED CODE ARE COVERED OR REMOVED; 153
(4) THE INSPECTION DECAL REQUIRED BY SECTION 4511.761 OF 155
THE REVISED CODE IS COVERED OR REMOVED; 157
(5) THE IDENTIFICATION NUMBER ASSIGNED UNDER SECTION 159
4511.764 OF THE REVISED CODE AND MARKED IN BLACK LETTERING ON THE 161
FRONT AND REAR OF THE BUS IS COVERED AND REMOVED. 162
Sec. 5501.451. IN ACCORDANCE WITH SECTION 5501.45 OF THE 164
REVISED CODE, THE DIRECTOR OF TRANSPORTATION SHALL IMPLEMENT A 166
PROGRAM ALLOWING, BY LEASE OR PERMIT, THE USE OF LANDS OWNED BY 167
THE STATE AND ACQUIRED OR USED FOR THE STATE HIGHWAY SYSTEM OR 168
FOR HIGHWAYS OR IN CONNECTION WITH HIGHWAYS OR AS INCIDENTAL TO 169
THE ACQUISITION OF LAND FOR HIGHWAYS BY PERSONS ERECTING 170
ADVERTISING DEVICES ON THE PROPERTY. THE PROGRAM SHALL BE 171
OPERATED IN ACCORDANCE WITH GUIDELINES IN EFFECT ON JANUARY 1, 172
1996.
NOTHING IN THIS SECTION SHALL PROHIBIT OR RESTRICT THE 174
DIRECTOR FROM DETERMINING THAT PROPERTY ON WHICH AN ADVERTISING 175
DEVICE IS LOCATED HAS BECOME NECESSARY FOR STATE HIGHWAY OR 176
RECREATION PURPOSES AND TERMINATING A LEASE OR PERMIT. NOTHING 177
IN THIS SECTION SHALL REQUIRE THE DIRECTOR TO MAINTAIN A LEASE OR 179
PERMIT AT A SPECIFIC LOCATION OR PROHIBIT THE DIRECTOR FROM
MODIFYING THE TERMS OF A SPECIFIC LEASE OR PERMIT. 180
AS USED IN THIS SECTION "ADVERTISING DEVICE" HAS THE SAME 182
MEANING AS IN SECTION 5516.01 OF THE REVISED CODE. 183
Sec. 5515.07. (A) The director of transportation, in 192
accordance with Chapter 119. of the Revised Code, shall adopt 193
rules consistent with the safety of the traveling public and 194
consistent with the national policy to govern the use and control 195
of rest areas within the limits of the right-of-way of interstate 196
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highways and other state highways and in other areas within the 197
limits of the right-of-way of interstate highways. 198
(B) Except as provided in division (C) of this section, no 200
person shall engage in selling or offering for sale or exhibiting 201
for purposes of sale, goods, products, merchandise, or services 202
within the bounds of rest areas within the limits of the 203
right-of-way of interstate highways and other state highways, or 204
in other areas within the limits of the right-of-way of 205
interstate highways, unless the director issues a permit in 206
accordance with section 5515.01 of the Revised Code. 207
NOTWITHSTANDING ANY RULES ADOPTED BY THE DIRECTOR TO THE CONTRARY 208
OR ANY OTHER POLICY CHANGES PROPOSED BY THE DIRECTOR, EACH 209
DISTRICT DEPUTY DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION 211
SHALL CONTINUE TO IMPLEMENT ANY PROGRAM ALLOWING ORGANIZATIONS TO 212
DISPENSE FREE COFFEE OR SIMILAR ITEMS AFTER OBTAINING A PERMIT 214
THAT OPERATED WITHIN THE DISTRICT PRIOR TO JANUARY 1, 1997. EACH 215
DISTRICT DEPUTY DIRECTOR SHALL OPERATE SUCH PROGRAM WITHIN THE 216
DISTRICT IN THE SAME MANNER AS THE PROGRAM WAS OPERATED PRIOR TO 217
THAT DATE.
(C) In accordance with rules adopted under division (A) of 219
this section, the director may cause vending machines to be 220
placed within each rest area that is able to accommodate the 221
machines. The vending machines shall dispense food, drink, and 222
other appropriate articles. 223
(D) This section does not apply to the sale of goods, 225
products, merchandise, or services required for the emergency 226
repair of motor vehicles or emergency medical treatment. 227
Section 2. That existing sections 4301.62, 4511.762, and 230
5515.07 of the Revised Code are hereby repealed.
Section 3. Section 4301.62 of the Revised Code is amended 233
by this act and also by Am. Sub. S.B. 162 of the 121st General 234
Assembly (effective July 1, 1997). The amendments of Am. Sub. 235
S.B. 162 are included in this act in lower case to confirm the 236
intention to retain them, but are not intended to be effective 237
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until July 1, 1997.
Section 4. This act is hereby declared to be an emergency 239
measure necessary for the immediate preservation of the public 240
peace, health, and safety. The reason for such necessity is that 242
the complete restoration of the amendments that were
inadvertently omitted from Am. Sub. H.B. 210 of the 122nd General 244
Assembly requires the greatest possible coordination of
respective effective dates between the two bills, and to 245
recognize the intended emergency nature of Sub. H.B. 210. 246
Therefore, this act shall go into immediate effect. 247