As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 484  5            

      1999-2000                                                    6            


 REPRESENTATIVES BUEHRER-ALLEN-BARRETT-CATES-DAMSCHRODER-EVANS-    7            

  FLANNERY-GOODMAN-HOOPS-JACOBSON-TAYLOR-WILLIAMS-CLANCY-KREBS-    8            

  TERWILLEGER-MEAD-AUSTRIA-WINKLER-WIDENER-MOTTLEY-YOUNG-ROMAN-    9            

       GARDNER-TIBERI-SENATORS WACHTMANN-SPADA-ARMBRUSTER          10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 4511.01, 4513.03, 4513.27,          14           

                4519.40, 5733.98, and 5747.98 and to enact         15           

                sections 4513.111, 5733.44, and 5747.38 of the     16           

                Revised Code to require, effective one year after  17           

                the effective date of this act, all multi-wheel    19           

                agricultural tractors operated or traveling on a   20           

                street or highway at night and certain other                    

                times to be equipped with specified lamps and      21           

                reflectors that indicate the extreme left and      22           

                right projections of the tractors, to grant tax    24           

                credits to farms and farmers up to $1,000 for the  25           

                cost of equipping existing multi-wheel                          

                agricultural tractors with the required lights     26           

                and reflectors, and to require vehicles operated   27           

                on the public streets from sunset to sunrise to    28           

                display lighted lights and illuminating devices,                

                rather than from one-half hour after sunset to     29           

                one-half hour before sunrise as specified in       30           

                current law.                                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 4511.01, 4513.03, 4513.27,         34           

4519.40, 5733.98, and 5747.98 be amended and sections 4513.111,    36           

5733.44, and 5747.38 of the Revised Code be enacted to read as     37           

                                                          2      


                                                                 
follows:                                                                        

      Sec. 4511.01.  As used in this chapter and in Chapter 4513.  46           

of the Revised Code:                                               47           

      (A)  "Vehicle" means every device, including a motorized     49           

bicycle, in, upon, or by which any person or property may be       50           

transported or drawn upon a highway, except motorized              51           

wheelchairs, devices moved by power collected from overhead        52           

electric trolley wires, or used exclusively upon stationary rails  53           

or tracks, and devices other than bicycles moved by human power.   54           

      (B)  "Motor vehicle" means every vehicle propelled or drawn  56           

by power other than muscular power or power collected from         57           

overhead electric trolley wires, except motorized bicycles, road   58           

rollers, traction engines, power shovels, power cranes, and other  59           

equipment used in construction work and not designed for or        60           

employed in general highway transportation, hole-digging           61           

machinery, well-drilling machinery, ditch-digging machinery, farm  62           

machinery, trailers used to transport agricultural produce or      63           

agricultural production materials between a local place of         64           

storage or supply and the farm when drawn or towed on a street or  65           

highway at a speed of twenty-five miles per hour or less,          66           

threshing machinery, hay-baling machinery, agricultural tractors   67           

and machinery used in the production of horticultural,             68           

floricultural, agricultural, and vegetable products, and trailers  69           

designed and used exclusively to transport a boat between a place  70           

of storage and a marina, or in and around a marina, when drawn or  71           

towed on a street or highway for a distance of no more than ten    72           

miles and at a speed of twenty-five miles per hour or less.        73           

      (C)  "Motorcycle" means every motor vehicle, other than a    75           

tractor, having a saddle for the use of the operator and designed  76           

to travel on not more than three wheels in contact with the        77           

ground, including, but not limited to, motor vehicles known as     78           

"motor-driven cycle," "motor scooter," or "motorcycle" without     79           

regard to weight or brake horsepower.                              80           

      (D)  "Emergency vehicle" means emergency vehicles of         82           

                                                          3      


                                                                 
municipal, township, or county departments or public utility       83           

corporations when identified as such as required by law, the       84           

director of public safety, or local authorities, and motor         85           

vehicles when commandeered by a police officer.                    86           

      (E)  "Public safety vehicle" means any of the following:     88           

      (1)  Ambulances, including private ambulance companies       90           

under contract to a municipal corporation, township, or county,    91           

and private ambulances and nontransport vehicles bearing license   92           

plates issued under section 4503.49 of the Revised Code;           93           

      (2)  Motor vehicles used by public law enforcement officers  95           

or other persons sworn to enforce the criminal and traffic laws    96           

of the state;                                                      97           

      (3)  Any motor vehicle when properly identified as required  99           

by the director of public safety, when used in response to fire    100          

emergency calls or to provide emergency medical service to ill or  101          

injured persons, and when operated by a duly qualified person who  102          

is a member of a volunteer rescue service or a volunteer fire      103          

department, and who is on duty pursuant to the rules or            104          

directives of that service.  The state fire marshal shall be       105          

designated by the director of public safety as the certifying      106          

agency for all public safety vehicles described in division        107          

(E)(3) of this section.                                            108          

      (4)  Vehicles used by fire departments, including motor      110          

vehicles when used by volunteer fire fighters responding to        112          

emergency calls in the fire department service when identified as  113          

required by the director of public safety.                         114          

      Any vehicle used to transport or provide emergency medical   116          

service to an ill or injured person, when certified as a public    117          

safety vehicle, shall be considered a public safety vehicle when   118          

transporting an ill or injured person to a hospital regardless of  119          

whether such vehicle has already passed a hospital.                120          

      (5)  Vehicles used by the commercial motor vehicle safety    122          

enforcement unit for the enforcement of orders and rules of the    123          

public utilities commission as specified in section 5503.34 of     124          

                                                          4      


                                                                 
the Revised Code.                                                               

      (F)  "School bus" means every bus designed for carrying      126          

more than nine passengers which THAT is owned by a public,         127          

private, or governmental agency or institution of learning and     129          

operated for the transportation of children to or from a school    130          

session or a school function, or owned by a private person and     131          

operated for compensation for the transportation of children to    132          

or from a school session or a school function, provided "school    133          

bus" does not include a bus operated by a municipally owned        134          

transportation system, a mass transit company operating            135          

exclusively within the territorial limits of a municipal           136          

corporation, or within such limits and the territorial limits of   137          

municipal corporations immediately contiguous to such municipal    138          

corporation, nor a common passenger carrier certified by the       139          

public utilities commission unless such bus is devoted             140          

exclusively to the transportation of children to and from a        141          

school session or a school function, and "school bus" does not     142          

include a van or bus used by a licensed child day-care center or   143          

type A family day-care home to transport children from the child   144          

day-care center or type A family day-care home to a school if the  145          

van or bus does not have more than fifteen children in the van or  146          

bus at any time.                                                   147          

      (G)  "Bicycle" means every device, other than a tricycle     149          

designed solely for use as a play vehicle by a child, propelled    150          

solely by human power upon which any person may ride having        151          

either two tandem wheels, or one wheel in the front and two        152          

wheels in the rear, any of which is more than fourteen inches in   153          

diameter.                                                          154          

      (H)  "Motorized bicycle" means any vehicle having either     156          

two tandem wheels or one wheel in the front and two wheels in the  157          

rear, that is capable of being pedaled and is equipped with a      158          

helper motor of not more than fifty cubic centimeters piston       159          

displacement which THAT produces no more than one brake            160          

horsepower and is capable of propelling the vehicle at a speed of  162          

                                                          5      


                                                                 
no greater than twenty miles per hour on a level surface.          163          

      (I)  "Commercial tractor" means every motor vehicle having   165          

motive power designed or used for drawing other vehicles and not   166          

so constructed as to carry any load thereon, or designed or used   167          

for drawing other vehicles while carrying a portion of such other  168          

vehicles, or load thereon, or both.                                169          

      (J)  "Agricultural tractor" means every self-propelling      171          

vehicle designed or used for drawing other vehicles or wheeled     172          

machinery but having no provision for carrying loads               173          

independently of such other vehicles, and used principally for     174          

agricultural purposes.                                             175          

      (K)  "Truck" means every motor vehicle, except trailers and  177          

semitrailers, designed and used to carry property.                 178          

      (L)  "Bus" means every motor vehicle designed for carrying   180          

more than nine passengers and used for the transportation of       181          

persons other than in a ridesharing arrangement, and every motor   182          

vehicle, automobile for hire, or funeral car, other than a         183          

taxicab or motor vehicle used in a ridesharing arrangement,        184          

designed and used for the transportation of persons for            185          

compensation.                                                      186          

      (M)  "Trailer" means every vehicle designed or used for      188          

carrying persons or property wholly on its own structure and for   189          

being drawn by a motor vehicle, including any such vehicle when    190          

formed by or operated as a combination of a "semitrailer" and a    191          

vehicle of the dolly type, such as that commonly known as a        192          

"trailer dolly," a vehicle used to transport agricultural produce  193          

or agricultural production materials between a local place of      194          

storage or supply and the farm when drawn or towed on a street or  195          

highway at a speed greater than twenty-five miles per hour, and a  196          

vehicle designed and used exclusively to transport a boat between  197          

a place of storage and a marina, or in and around a marina, when   198          

drawn or towed on a street or highway for a distance of more than  199          

ten miles or at a speed of more than twenty-five miles per hour.   200          

      (N)  "Semitrailer" means every vehicle designed or used for  202          

                                                          6      


                                                                 
carrying persons or property with another and separate motor       203          

vehicle so that in operation a part of its own weight or that of   204          

its load, or both, rests upon and is carried by another vehicle.   205          

      (O)  "Pole trailer" means every trailer or semitrailer       207          

attached to the towing vehicle by means of a reach, pole, or by    208          

being boomed or otherwise secured to the towing vehicle, and       209          

ordinarily used for transporting long or irregular shaped loads    210          

such as poles, pipes, or structural members capable, generally,    211          

of sustaining themselves as beams between the supporting           212          

connections.                                                       213          

      (P)  "Railroad" means a carrier of persons or property       215          

operating upon rails placed principally on a private               216          

right-of-way.                                                      217          

      (Q)  "Railroad train" means a steam engine or an electric    219          

or other motor, with or without cars coupled thereto, operated by  220          

a railroad.                                                        221          

      (R)  "Streetcar" means a car, other than a railroad train,   223          

for transporting persons or property, operated upon rails          224          

principally within a street or highway.                            225          

      (S)  "Trackless trolley" means every car that collects its   227          

power from overhead electric trolley wires and that is not         228          

operated upon rails or tracks.                                     229          

      (T)  "Explosives" means any chemical compound or mechanical  231          

mixture that is intended for the purpose of producing an           232          

explosion that contains any oxidizing and combustible units or     233          

other ingredients in such proportions, quantities, or packing      234          

that an ignition by fire, by friction, by concussion, by           235          

percussion, or by a detonator of any part of the compound or       236          

mixture may cause such a sudden generation of highly heated gases  237          

that the resultant gaseous pressures are capable of producing      238          

destructive effects on contiguous objects, or of destroying life   239          

or limb.  Manufactured articles shall not be held to be            240          

explosives when the individual units contain explosives in such    241          

limited quantities, of such nature, or in such packing, that it    242          

                                                          7      


                                                                 
is impossible to procure a simultaneous or a destructive           243          

explosion of such units, to the injury of life, limb, or property  244          

by fire, by friction, by concussion, by percussion, or by a        245          

detonator, such as fixed ammunition for small arms, firecrackers,  246          

or safety fuse matches.                                            247          

      (U)  "Flammable liquid" means any liquid which THAT has a    249          

flash point of seventy degrees Fahrenheit, or less, as determined  250          

by a tagliabue or equivalent closed cup test device.               251          

      (V)  "Gross weight" means the weight of a vehicle plus the   253          

weight of any load thereon.                                        254          

      (W)  "Person" means every natural person, firm,              256          

co-partnership, association, or corporation.                       257          

      (X)  "Pedestrian" means any natural person afoot.            259          

      (Y)  "Driver or operator" means every person who drives or   261          

is in actual physical control of a vehicle, trackless trolley, or  262          

streetcar.                                                         263          

      (Z)  "Police officer" means every officer authorized to      265          

direct or regulate traffic, or to make arrests for violations of   266          

traffic regulations.                                               267          

      (AA)  "Local authorities" means every county, municipal,     269          

and other local board or body having authority to adopt police     270          

regulations under the constitution and laws of this state.         271          

      (BB)  "Street" or "highway" means the entire width between   273          

the boundary lines of every way open to the use of the public as   274          

a thoroughfare for purposes of vehicular travel.                   275          

      (CC)  "Controlled-access highway" means every street or      277          

highway in respect to which owners or occupants of abutting lands  278          

and other persons have no legal right of access to or from the     279          

same except at such points only and in such manner as may be       280          

determined by the public authority having jurisdiction over such   281          

street or highway.                                                 282          

      (DD)  "Private road or driveway" means every way or place    284          

in private ownership used for vehicular travel by the owner and    285          

those having express or implied permission from the owner but not  286          

                                                          8      


                                                                 
by other persons.                                                  287          

      (EE)  "Roadway" means that portion of a highway improved,    289          

designed, or ordinarily used for vehicular travel, except the      290          

berm or shoulder.  If a highway includes two or more separate      291          

roadways the term "roadway" means any such roadway separately but  292          

not all such roadways collectively.                                293          

      (FF)  "Sidewalk" means that portion of a street between the  295          

curb lines, or the lateral lines of a roadway, and the adjacent    296          

property lines, intended for the use of pedestrians.               297          

      (GG)  "Laned highway" means a highway the roadway of which   299          

is divided into two or more clearly marked lanes for vehicular     300          

traffic.                                                           301          

      (HH)  "Through highway" means every street or highway as     303          

provided in section 4511.65 of the Revised Code.                   304          

      (II)  "State highway" means a highway under the              306          

jurisdiction of the department of transportation, outside the      307          

limits of municipal corporations, provided that the authority      308          

conferred upon the director of transportation in section 5511.01   309          

of the Revised Code to erect state highway route markers and       310          

signs directing traffic shall not be modified by sections 4511.01  311          

to 4511.79 and 4511.99 of the Revised Code.                        312          

      (JJ)  "State route" means every highway which THAT is        314          

designated with an official state route number and so marked.      315          

      (KK)  "Intersection" means:                                  317          

      (1)  The area embraced within the prolongation or            319          

connection of the lateral curb lines, or, if none, then the        320          

lateral boundary lines of the roadways of two highways which join  321          

one another at, or approximately at, right angles, or the area     322          

within which vehicles traveling upon different highways joining    323          

at any other angle may come in conflict.                           324          

      (2)  Where a highway includes two roadways thirty feet or    326          

more apart, then every crossing of each roadway of such divided    327          

highway by an intersecting highway shall be regarded as a          328          

separate intersection.  If an intersecting highway also includes   329          

                                                          9      


                                                                 
two roadways thirty feet or more apart, then every crossing of     330          

two roadways of such highways shall be regarded as a separate      331          

intersection.                                                      332          

      (3)  The junction of an alley with a street or highway, or   334          

with another alley, shall not constitute an intersection.          335          

      (LL)  "Crosswalk" means:                                     337          

      (1)  That part of a roadway at intersections ordinarily      339          

included within the real or projected prolongation of property     340          

lines and curb lines or, in the absence of curbs, the edges of     341          

the traversable roadway;                                           342          

      (2)  Any portion of a roadway at an intersection or          344          

elsewhere, distinctly indicated for pedestrian crossing by lines   345          

or other markings on the surface;                                  346          

      (3)  Notwithstanding divisions (LL)(1) and (2) of this       348          

section, there shall not be a crosswalk where local authorities    349          

have placed signs indicating no crossing.                          350          

      (MM)  "Safety zone" means the area or space officially set   352          

apart within a roadway for the exclusive use of pedestrians and    353          

protected or marked or indicated by adequate signs as to be        354          

plainly visible at all times.                                      355          

      (NN)  "Business district" means the territory fronting upon  357          

a street or highway, including the street or highway, between      358          

successive intersections within municipal corporations where       359          

fifty per cent or more of the frontage between such successive     360          

intersections is occupied by buildings in use for business, or     361          

within or outside municipal corporations where fifty per cent or   362          

more of the frontage for a distance of three hundred feet or more  363          

is occupied by buildings in use for business, and the character    364          

of such territory is indicated by official traffic control         365          

devices.                                                           366          

      (OO)  "Residence district" means the territory, not          368          

comprising a business district, fronting on a street or highway,   369          

including the street or highway, where, for a distance of three    370          

hundred feet or more, the frontage is improved with residences or  371          

                                                          10     


                                                                 
residences and buildings in use for business.                      372          

      (PP)  "Urban district" means the territory contiguous to     374          

and including any street or highway which is built up with         375          

structures devoted to business, industry, or dwelling houses       376          

situated at intervals of less than one hundred feet for a          377          

distance of a quarter of a mile or more, and the character of      378          

such territory is indicated by official traffic control devices.   379          

      (QQ)  "Traffic control devices" means all flaggers, signs,   381          

signals, markings, and devices placed or erected by authority of   382          

a public body or official having jurisdiction, for the purpose of  383          

regulating, warning, or guiding traffic, including signs denoting  384          

names of streets and highways.                                     385          

      (RR)  "Traffic control signal" means any device, whether     387          

manually, electrically, or mechanically operated, by which         388          

traffic is alternately directed to stop, to proceed, to change     389          

direction, or not to change direction.                             390          

      (SS)  "Railroad sign or signal" means any sign, signal, or   392          

device erected by authority of a public body or official or by a   393          

railroad and intended to give notice of the presence of railroad   394          

tracks or the approach of a railroad train.                        395          

      (TT)  "Traffic" means pedestrians, ridden or herded          397          

animals, vehicles, streetcars, trackless trolleys, and other       398          

devices, either singly or together, while using any highway for    399          

purposes of travel.                                                400          

      (UU)  "Right-of-way" means either of the following, as the   402          

context requires:                                                  403          

      (1)  The right of a vehicle, streetcar, trackless trolley,   405          

or pedestrian to proceed uninterruptedly in a lawful manner in     406          

the direction in which it or the individual is moving in           407          

preference to another vehicle, streetcar, trackless trolley, or    409          

pedestrian approaching from a different direction into its or the  410          

individual's path;                                                 411          

      (2)  A general term denoting land, property, or the          413          

interest therein, usually in the configuration of a strip,         414          

                                                          11     


                                                                 
acquired for or devoted to transportation purposes.  When used in  415          

this context, right-of-way includes the roadway, shoulders or      416          

berm, ditch, and slopes extending to the right-of-way limits       417          

under the control of the state or local authority.                 418          

      (VV)  "Rural mail delivery vehicle" means every vehicle      420          

used to deliver United States mail on a rural mail delivery        421          

route.                                                             422          

      (WW)  "Funeral escort vehicle" means any motor vehicle,      424          

including a funeral hearse, while used to facilitate the movement  425          

of a funeral procession.                                           426          

      (XX)  "Alley" means a street or highway intended to provide  428          

access to the rear or side of lots or buildings in urban           429          

districts and not intended for the purpose of through vehicular    430          

traffic, and includes any street or highway that has been          431          

declared an "alley" by the legislative authority of the municipal  432          

corporation in which such street or highway is located.            433          

      (YY)  "Freeway" means a divided multi-lane highway for       435          

through traffic with all crossroads separated in grade and with    436          

full control of access.                                            437          

      (ZZ)  "Expressway" means a divided arterial highway for      439          

through traffic with full or partial control of access with an     440          

excess of fifty per cent of all crossroads separated in grade.     441          

      (AAA)  "Thruway" means a through highway whose entire        443          

roadway is reserved for through traffic and on which roadway       444          

parking is prohibited.                                             445          

      (BBB)  "Stop intersection" means any intersection at one or  447          

more entrances of which stop signs are erected.                    448          

      (CCC)  "Arterial street" means any United States or state    450          

numbered route, controlled access highway, or other major radial   451          

or circumferential street or highway designated by local           452          

authorities within their respective jurisdictions as part of a     453          

major arterial system of streets or highways.                      454          

      (DDD)  "Ridesharing arrangement" means the transportation    456          

of persons in a motor vehicle where such transportation is         457          

                                                          12     


                                                                 
incidental to another purpose of a volunteer driver and includes   458          

ridesharing arrangements known as carpools, vanpools, and          459          

buspools.                                                          460          

      (EEE)  "Motorized wheelchair" means any self-propelled       462          

vehicle designed for, and used by, a handicapped person and that   463          

is incapable of a speed in excess of eight miles per hour.         464          

      (FFF)  "Child day-care center" and "type A family day-care   466          

home" have the same meanings as in section 5104.01 of the Revised  467          

Code.                                                              468          

      (GGG)  "MULTI-WHEEL AGRICULTURAL TRACTOR" MEANS A TYPE OF    471          

AGRICULTURAL TRACTOR THAT HAS TWO OR MORE WHEELS OR TIRES ON EACH               

SIDE OF ONE AXLE AT THE REAR OF THE TRACTOR, IS DESIGNED OR USED   475          

FOR DRAWING OTHER VEHICLES OR WHEELED MACHINERY, HAS NO PROVISION  476          

FOR CARRYING LOADS INDEPENDENTLY OF THE DRAWN VEHICLES OR          477          

MACHINERY, AND IS USED PRINCIPALLY FOR AGRICULTURAL PURPOSES.      478          

      Sec. 4513.03.  Every vehicle upon a street or highway        487          

within this state during the time from one-half hour after sunset  488          

to one-half hour before sunrise, and at any other time when there  489          

are unfavorable atmospheric conditions or when there is not        490          

sufficient natural light to render discernible persons, vehicles,  491          

and substantial objects on the highway at a distance of one        492          

thousand feet ahead, shall display lighted lights and              493          

illuminating devices as required by sections 4513.04 to 4513.37    494          

of the Revised Code, for different classes of vehicles; except     495          

that every motorized bicycle shall display at such times lighted   496          

lights meeting the rules adopted by the director of public safety  497          

under section 4511.521 of the Revised Code.  No motor vehicle,     498          

during such times, shall be operated upon a street or highway      499          

within this state using only parking lights as illumination.       500          

      Whenever in such sections a requirement is declared as to    502          

the distance from which certain lamps and devices shall render     503          

objects visible, or within which such lamps or devices shall be    504          

visible, such distance shall be measured upon a straight level     505          

unlighted highway under normal atmospheric conditions unless a     506          

                                                          13     


                                                                 
different condition is expressly stated.                           507          

      Whenever in such sections a requirement is declared as to    509          

the mounted height of lights or devices, it shall mean from the    510          

center of such light or device to the level ground upon which the  511          

vehicle stands.                                                    512          

      Sec. 4513.111.  (A)(1)  EVERY MULTI-WHEEL AGRICULTURAL       514          

TRACTOR WHOSE MODEL YEAR WAS 2001 OR EARLIER, WHEN BEING OPERATED  516          

OR TRAVELING ON A STREET OR HIGHWAY AT THE TIMES SPECIFIED IN      517          

SECTION 4513.03 OF THE REVISED CODE, AT A MINIMUM SHALL BE         518          

EQUIPPED WITH AND DISPLAY REFLECTORS AND ILLUMINATED AMBER LAMPS   520          

SO THAT THE EXTREME LEFT AND RIGHT PROJECTIONS OF THE TRACTOR ARE  521          

INDICATED BY FLASHING LAMPS DISPLAYING AMBER LIGHT, VISIBLE TO     522          

THE FRONT AND THE REAR, BY AMBER REFLECTORS, ALL VISIBLE TO THE    524          

FRONT, AND BY RED REFLECTORS, ALL VISIBLE TO THE REAR.             526          

      (2)  THE LAMPS DISPLAYING AMBER LIGHT NEED NOT FLASH         528          

SIMULTANEOUSLY AND NEED NOT FLASH IN CONJUNCTION WITH ANY          529          

DIRECTIONAL SIGNALS OF THE TRACTOR.                                             

      (3)  THE LAMPS AND REFLECTORS REQUIRED BY DIVISION (A)(1)    531          

OF THIS SECTION AND THEIR PLACEMENT SHALL MEET STANDARDS AND       533          

SPECIFICATIONS CONTAINED IN RULES ADOPTED BY THE DIRECTOR OF       534          

PUBLIC SAFETY IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED       536          

CODE.  THE RULES GOVERNING THE AMBER LAMPS, AMBER REFLECTORS, AND               

RED REFLECTORS AND THEIR PLACEMENT SHALL CORRELATE WITH AND, AS    538          

FAR AS POSSIBLE, CONFORM WITH PARAGRAPHS 4.1.4.1, 4.1.7.1, AND     540          

4.1.7.2 RESPECTIVELY OF THE AMERICAN SOCIETY OF AGRICULTURAL       541          

ENGINEERS STANDARD ANSI/ASAE S279.10 OCT98, LIGHTING AND MARKING   542          

OF AGRICULTURAL EQUIPMENT ON HIGHWAYS.                             543          

      (B)  EVERY UNIT OF FARM MACHINERY WHOSE MODEL YEAR WAS 2002  546          

OR LATER, WHEN BEING OPERATED OR TRAVELING ON A STREET OR HIGHWAY  548          

AT THE TIMES SPECIFIED IN SECTION 4513.03 OF THE REVISED CODE,     549          

SHALL BE EQUIPPED WITH AND DISPLAY MARKINGS AND ILLUMINATED LAMPS  550          

THAT MEET OR EXCEED THE LIGHTING, ILLUMINATION, AND MARKING        551          

STANDARDS AND SPECIFICATIONS THAT ARE APPLICABLE TO THAT TYPE OF   552          

FARM MACHINERY FOR THE UNIT'S MODEL YEAR SPECIFIED IN THE          554          

                                                          14     


                                                                 
AMERICAN SOCIETY OF AGRICULTURAL ENGINEERS STANDARD ANSI/ASAE      555          

S279.10 OCT98, LIGHTING AND MARKING OF AGRICULTURAL EQUIPMENT ON   556          

HIGHWAYS.                                                                       

      (C)  THE LIGHTS AND REFLECTORS REQUIRED BY DIVISION (A) OF   559          

THIS SECTION ARE IN ADDITION TO THE SLOW-MOVING VEHICLE EMBLEM     560          

AND LIGHTS REQUIRED OR PERMITTED BY SECTION 4513.11 OR 4513.17 OF  561          

THE REVISED CODE TO BE DISPLAYED ON FARM MACHINERY BEING OPERATED  562          

OR TRAVELING ON A STREET OR HIGHWAY.                               563          

      (D)  NO PERSON SHALL OPERATE ANY UNIT OF FARM MACHINERY ON   566          

A STREET OR HIGHWAY OR CAUSE ANY UNIT OF FARM MACHINERY TO TRAVEL  567          

ON A STREET OR HIGHWAY IN VIOLATION OF DIVISION (A) OR (B) OF      569          

THIS SECTION.                                                                   

      Sec. 4513.27.  (A)  No person shall operate any motor        578          

truck, trackless trolley, bus, or commercial tractor upon any      579          

highway outside the corporate limits of municipalities at any      580          

time from a half hour after sunset to a half hour before sunrise   581          

unless there is carried in such vehicle and trackless trolley,     582          

except as provided in division (B) of this section, the following  583          

equipment which shall be of the types approved by the director of  584          

transportation:                                                    585          

      (1)  At least three flares or three red reflectors or three  587          

red electric lanterns, each of which is capable of being seen and  588          

distinguished at a distance of five hundred feet under normal      589          

atmospheric conditions at night time;                              590          

      (2)  At least three red-burning fusees, unless red           592          

reflectors or red electric lanterns are carried;                   593          

      (3)  At least two red cloth flags, not less than twelve      595          

inches square, with standards to support them;                     596          

      (4)  The type of red reflectors shall comply with such       598          

standards and specifications in effect on September 16, 1963 or    599          

later established by the interstate commerce commission and must   600          

be certified as meeting such standards by underwriter's            601          

laboratories.                                                      602          

      (B)  No person shall operate at the time and under the       604          

                                                          15     


                                                                 
conditions stated in this section any motor vehicle used in        605          

transporting flammable liquids in bulk, or in transporting         606          

compressed flammable gases, unless there is carried in such        607          

vehicle three red electric lanterns or three red reflectors        608          

meeting the requirements stated in division (A) of this section.   609          

There shall not be carried in any such vehicle any flare, fusee,   610          

or signal produced by a flame.                                     611          

      (C)  This section does not apply to any person who operates  613          

any motor vehicle in a work area designated by protection          614          

equipment devices that are displayed and used in accordance with   615          

the manual adopted by the department of transportation under       616          

section 4511.09 of the Revised Code.                               617          

      Sec. 4519.40.  The applicable provisions of Chapters 4511.   626          

and 4549. of the Revised Code shall be applied to the operation    627          

of snowmobiles, off-highway motorcycles, and all-purpose           629          

vehicles, except that no snowmobile, off-highway motorcycle, or    630          

all-purpose vehicle shall be operated as follows:                  631          

      (A)  On any limited access highway or freeway or the         633          

right-of-way thereof, except for emergency travel only during      634          

such time and in such manner as the director of public safety      635          

shall designate;                                                   636          

      (B)  On any private property, or in any nursery or planting  638          

area, without the permission of the owner or other person having   639          

the right to possession of the property;                           640          

      (C)  On any land or waters controlled by the state, except   642          

at those locations where a sign has been posted permitting such    643          

operation;                                                         644          

      (D)  On the tracks or right-of-way of any operating          646          

railroad;                                                          647          

      (E)  While transporting any firearm, bow, or other           649          

implement for hunting, that is not unloaded and securely encased;  650          

      (F)  For the purpose of chasing, pursuing, capturing, or     652          

killing any animal or wildfowl;                                    653          

      (G)  During the time from one-half hour after sunset to      655          

                                                          16     


                                                                 
one-half hour before sunrise, unless displaying lighted lights as  656          

required by section 4519.20 of the Revised Code.                   657          

      Sec. 5733.44.  THERE IS HEREBY ALLOWED A NONREFUNDABLE       659          

CREDIT AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED   660          

CODE FOR A FARM THAT PURCHASES LIGHTS AND REFLECTORS FOR           661          

INSTALLATION ON AGRICULTURAL TRACTORS TO COMPLY WITH THE LIGHTING  663          

AND REFLECTOR REQUIREMENTS CONTAINED IN SECTION 4513.111 OF THE    664          

REVISED CODE.  THE CREDIT SHALL EQUAL THE LESSER OF ONE THOUSAND   665          

DOLLARS OR FIFTY PER CENT OF THE SUM OF THE EXPENDITURES FOR THE   666          

LIGHTS AND REFLECTORS THAT ARE MADE BY THE TAXPAYER DURING THE     667          

PERIOD BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND ENDING  669          

ON THE DATE THAT IS ONE YEAR AFTER THE EFFECTIVE DATE OF THIS      671          

SECTION, AND SHALL BE CLAIMED FOR THE TAXABLE YEAR DURING WHICH                 

THE EXPENDITURES ARE MADE.  THE CREDIT SHALL BE CLAIMED IN THE     673          

ORDER PRESCRIBED BY SECTION 5733.98 OF THE REVISED CODE.  THE      674          

CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX OTHERWISE DUE UNDER      675          

SECTION 5733.06 OF THE REVISED CODE AFTER DEDUCTING ANY OTHER      676          

CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER THIS SECTION IN      677          

THAT ORDER.                                                                     

      IF THE TAXPAYER IS A DIRECT OR INDIRECT INVESTOR IN A        679          

PASS-THROUGH ENTITY THAT HAS PURCHASED LIGHTS AND REFLECTORS TO    680          

COMPLY WITH SECTION 4513.111 OF THE REVISED CODE, THE INVESTOR     681          

MAY CLAIM THE INVESTOR'S PROPORTIONATE OR DISTRIBUTIVE SHARE OF    683          

THE CREDIT ALLOWED UNDER THIS SECTION.                             684          

      Sec. 5733.98.  (A)  To provide a uniform procedure for       693          

calculating the amount of tax imposed by section 5733.06 of the    694          

Revised Code that is due under this chapter, a taxpayer shall      696          

claim any credits to which it is entitled in the following order,               

except as otherwise provided in section 5733.058 of the Revised    697          

Code:                                                                           

      (1)  The credit for taxes paid by a qualifying pass-through  699          

entity allowed under section 5733.0611 of the Revised Code;        700          

      (2)  The credit for qualifying affiliated groups under       702          

section 5733.068 of the Revised Code;                              703          

                                                          17     


                                                                 
      (3)  The subsidiary corporation credit under section         705          

5733.067 of the Revised Code;                                      706          

      (4)  The savings and loan assessment credit under section    708          

5733.063 of the Revised Code;                                      709          

      (5)  The credit for recycling and litter prevention          711          

donations under section 5733.064 of the Revised Code;              713          

      (6)  The credit for employers that enter into agreements     716          

with child day-care centers under section 5733.36 of the Revised   717          

Code;                                                                           

      (7)  The credit for employers that reimburse employee child  719          

day-care expenses under section 5733.38 of the Revised Code;       721          

      (8)  The credit for maintaining railroad active grade        723          

crossing warning devices under section 5733.43 of the Revised      724          

Code;                                                                           

      (9)  THE CREDIT FOR PURCHASES OF LIGHTS AND REFLECTORS       726          

UNDER SECTION 5733.44 OF THE REVISED CODE;                         727          

      (10)  The credit for manufacturing investments under         729          

section 5733.061 of the Revised Code;                              730          

      (10)(11)  The credit for purchases of new manufacturing      732          

machinery and equipment under section 5733.31 or section 5733.311  733          

of the Revised Code;                                               734          

      (11)(12)  The second credit for purchases of new             736          

manufacturing machinery and equipment under section 5733.33 of     738          

the Revised Code;                                                               

      (12)(13)  The job training credit under section 5733.42 of   740          

the Revised Code;                                                  742          

      (13)(14)  The credit for qualified research expenses under   744          

section 5733.351 of the Revised Code;                              746          

      (14)(15)  The enterprise zone credit under section 5709.66   748          

of the Revised Code;                                               749          

      (15)(16)  The credit for the eligible costs associated with  751          

a voluntary action under section 5733.34 of the Revised Code;      753          

      (16)(17)  The credit for employers that establish on-site    755          

child day-care under section 5733.37 of the Revised Code;          757          

                                                          18     


                                                                 
      (17)(18)  The credit for purchases of qualifying grape       759          

production property under section 5733.32 of the Revised Code;     760          

      (18)(19)  The export sales credit under section 5733.069 of  762          

the Revised Code;                                                  763          

      (19)(20)  The credit for research and development and        765          

technology transfer investors under section 5733.35 of the         766          

Revised Code;                                                                   

      (20)(21)  The enterprise zone credits under section 5709.65  768          

of the Revised Code;                                               769          

      (21)(22)  The credit for using Ohio coal under section       771          

5733.39 of the Revised Code;                                       773          

      (19)(23)  The refundable jobs creation credit under section  775          

5733.0610 of the Revised Code.                                     776          

      (B)  For any credit except the refundable jobs creation      778          

credit, the amount of the credit for a tax year shall not exceed   779          

the tax due after allowing for any other credit that precedes it   780          

in the order required under this section.  Any excess amount of a  781          

particular credit may be carried forward if authorized under the   782          

section creating that credit.                                      783          

      Sec. 5747.38.  THERE IS HEREBY ALLOWED A NONREFUNDABLE       785          

CREDIT AGAINST THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED   786          

CODE FOR A TAXPAYER THAT PURCHASES LIGHTS AND REFLECTORS FOR       787          

INSTALLATION ON AGRICULTURAL TRACTORS TO COMPLY WITH THE LIGHTING  789          

AND REFLECTOR REQUIREMENTS CONTAINED IN SECTION 4513.111 OF THE    790          

REVISED CODE.  THE CREDIT SHALL EQUAL THE LESSER OF ONE THOUSAND   791          

DOLLARS OR FIFTY PER CENT OF THE SUM OF THE EXPENDITURES FOR THE   792          

LIGHTS AND REFLECTORS THAT ARE MADE BY THE TAXPAYER DURING THE     793          

PERIOD BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND ENDING  795          

ON THE DATE THAT IS ONE YEAR AFTER THE EFFECTIVE DATE OF THIS      797          

SECTION, AND SHALL BE CLAIMED FOR THE TAXABLE YEAR DURING WHICH                 

THE EXPENDITURES ARE MADE.  THE CREDIT SHALL BE CLAIMED IN THE     799          

ORDER PRESCRIBED BY SECTION 5747.98 OF THE REVISED CODE.  THE      800          

CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX OTHERWISE DUE UNDER      801          

SECTION 5747.02 OF THE REVISED CODE AFTER DEDUCTING ANY OTHER      803          

                                                          19     


                                                                 
CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER THIS SECTION IN      804          

THAT ORDER.                                                                     

      IF THE TAXPAYER IS A DIRECT OR INDIRECT INVESTOR IN A        806          

PASS-THROUGH ENTITY THAT HAS PURCHASED LIGHTS AND REFLECTORS TO    807          

COMPLY WITH SECTION 4513.111 OF THE REVISED CODE, THE INVESTOR     808          

MAY CLAIM THE INVESTOR'S PROPORTIONATE OR DISTRIBUTIVE SHARE OF    810          

THE CREDIT ALLOWED UNDER THIS SECTION.                             811          

      Sec. 5747.98.  (A)  To provide a uniform procedure for       820          

calculating the amount of tax due under section 5747.02 of the     821          

Revised Code, a taxpayer shall claim any credits to which the      822          

taxpayer is entitled in the following order:                       824          

      (1)  The retirement income credit under division (B) of      826          

section 5747.055 of the Revised Code;                              827          

      (2)  The senior citizen credit under division (C) of         829          

section 5747.05 of the Revised Code;                               830          

      (3)  The lump sum distribution credit under division (D) of  832          

section 5747.05 of the Revised Code;                               833          

      (4)  The dependent care credit under section 5747.054 of     835          

the Revised Code;                                                  836          

      (5)  The lump sum retirement income credit under division    838          

(C) of section 5747.055 of the Revised Code;                       839          

      (6)  The lump sum retirement income credit under division    841          

(D) of section 5747.055 of the Revised Code;                       842          

      (7)  The lump sum retirement income credit under division    844          

(E) of section 5747.055 of the Revised Code;                       845          

      (8)  The credit for displaced workers who pay for job        847          

training under section 5747.27 of the Revised Code;                848          

      (9)  The campaign contribution credit under section 5747.29  851          

of the Revised Code;                                               853          

      (10)  The twenty-dollar personal exemption credit under      855          

section 5747.022 of the Revised Code;                              856          

      (11)  The joint filing credit under division (G) of section  859          

5747.05 of the Revised Code;                                                    

      (12)  The nonresident credit under division (A) of section   862          

                                                          20     


                                                                 
5747.05 of the Revised Code;                                                    

      (13)  The credit for a resident's out-of-state income under  865          

division (B) of section 5747.05 of the Revised Code;                            

      (14)  The credit for employers that enter into agreements    868          

with child day-care centers under section 5747.34 of the Revised   869          

Code;                                                                           

      (15)  The credit for employers that reimburse employee       871          

child day-care expenses under section 5747.36 of the Revised       873          

Code;                                                                           

      (16)  The credit for adoption of a minor child under         875          

section 5747.37 of the Revised Code;                               876          

      (17)  THE CREDIT FOR PURCHASES OF LIGHTS AND REFLECTORS      878          

UNDER SECTION 5747.38 OF THE REVISED CODE;                         879          

      (18)  The credit for manufacturing investments under         881          

section 5747.051 of the Revised Code;                              882          

      (18)(19)  The credit for purchases of new manufacturing      884          

machinery and equipment under section 5747.26 or section 5747.261  886          

of the Revised Code;                                                            

      (19)(20)  The second credit for purchases of new             888          

manufacturing machinery and equipment and the credit for using     890          

Ohio coal under section 5747.31 of the Revised Code;               891          

      (20)(21)  The enterprise zone credit under section 5709.66   893          

of the Revised Code;                                               894          

      (21)(22)  The credit for the eligible costs associated with  896          

a voluntary action under section 5747.32 of the Revised Code;      898          

      (22)(23)  The credit for employers that establish on-site    901          

child day-care centers under section 5747.35 of the Revised Code;  902          

      (23)(24)  The credit for purchases of qualifying grape       904          

production property under section 5747.28 of the Revised Code;     905          

      (24)(25)  The export sales credit under section 5747.057 of  907          

the Revised Code;                                                  908          

      (25)(26)  The credit for research and development and        910          

technology transfer investors under section 5747.33 of the         911          

Revised Code;                                                                   

                                                          21     


                                                                 
      (26)(27)  The enterprise zone credits under section 5709.65  914          

of the Revised Code;                                                            

      (27)(28)  The refundable jobs creation credit under section  917          

5747.058 of the Revised Code;                                                   

      (28)(29)  The refundable credit for taxes paid by a          919          

qualifying entity granted under section 5747.059 of the Revised    920          

Code;                                                                           

      (29)(30)  The refundable credits for taxes paid by a         922          

qualifying pass-through entity granted under division (J) of       925          

section 5747.08 of the Revised Code.                                            

      (B)  For any credit, except the refundable credits           927          

enumerated in divisions (A)(27), (28), and (29), AND (30) of this  929          

section and the credit granted under division (I) of section       931          

5747.08 of the Revised Code, the amount of the credit for a        933          

taxable year shall not exceed the tax due after allowing for any   934          

other credit that precedes it in the order required under this     935          

section.  Any excess amount of a particular credit may be carried  936          

forward if authorized under the section creating that credit.      937          

Nothing in this chapter shall be construed to allow a taxpayer to  938          

claim, directly or indirectly, a credit more than once for a       939          

taxable year.                                                                   

      Section 2.  That existing sections 4511.01, 4513.03,         941          

4513.27, 4519.40, 5733.98, and 5747.98 of the Revised Code are     942          

hereby repealed.                                                                

      Section 3.  Sections 1 and 2 of this act shall take effect   944          

on the earliest date permitted by law.  However, the provisions    946          

of division (D) of section 4513.111 of the Revised Code, as        947          

enacted by this act, first apply one year after the effective      948          

date of this act.                                                               

      Section 4.  Section 5733.98 of the Revised Code is           950          

presented in this act as a composite of the section as amended by  951          

both Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 123rd General    952          

Assembly, with the new language of neither of the acts shown in    953          

capital letters.  Section 5747.98 of the Revised Code is           954          

                                                          22     


                                                                 
presented in this act as a composite of the section as amended by  955          

both Am. Sub. S.B. 3 and Am. S.B. 4 of the 123rd General           956          

Assembly, with the new language of neither of the acts shown in    957          

capital letters.  This is in recognition of the principle stated   958          

in division (B) of section 1.52 of the Revised Code that such      959          

amendments are to be harmonized where not substantively            960          

irreconcilable and constitutes a legislative finding that such is  961          

the resulting version in effect prior to the effective date of     962          

this act.