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| To amend section 4511.63 and to enact sections | 1 |
| 3701.65, 4503.81, 5533.62, 5533.643, 5533.81, | 2 |
| 5533.82, 5533.83, 5533.84, 5533.85, 5533.86, | 3 |
| 5533.87, 5533.88, 5533.89, and 5533.90 of the | 4 |
| Revised Code to designate State Route 48 the | 5 |
| "U.S.A.F. Pararescue Memorial Parkway"; to name | 6 |
| the new Interstate Route 280 bridge spanning the | 7 |
| Maumee River in Lucas county the "Veterans' Glass | 8 |
| City Skyway"; to designate a portion of State | 9 |
| Route 66 in Auglaize county as the "Kenneth | 10 |
| Jutte-John Garman Memorial Highway"; to designate | 11 |
| a portion of United States Route 35 within Gallia | 12 |
| county as the "Bob Evans Highway"; to designate a | 13 |
| portion of State Route 588 and Jackson Pike within | 14 |
| Gallia county as the "Nehemiah and Permelia Atwood | 15 |
| Memorial Highway"; to designate State Route 160 | 16 |
| within Gallia county as the "Charles E. Holzer | 17 |
| Highway"; to designate State Route 756 within | 18 |
| Brown and Clermont counties as the "Ohio Army | 19 |
| National Guard 216th Engineering Battalion | 20 |
| Memorial Highway"; to designate a portion of State | 21 |
| Route 209 within Guernsey county as the "Veterans' | 22 |
| Memorial Highway"; to designate United States | 23 |
| Route 24 within Defiance county as the "Defiance | 24 |
| County Veterans Memorial Highway"; to designate a | 25 |
| portion of United States Route 250 within | 26 |
| Tuscarawas county as the "Bill Hinig Memorial | 27 |
| Highway"; and to designate a portion of State | 28 |
| Route 315 within Franklin county as the "Lawrence | 29 |
| E. Hughes Memorial Highway; to designate a portion | 30 |
| of State Route 711 within Mahoning County as the | 31 |
| "Robert E. Hagan Memorial Highway"; to create | 32 |
| "Choose Life" license plates and the "Choose Life" | 33 |
| Fund and to provide that moneys in the fund be | 34 |
| used by the Director of Health to fund eligible | 35 |
| private, nonprofit organizations that provide | 36 |
| services to pregnant women who are planning to | 37 |
| place their children for adoption; and to | 38 |
| establish procedures for the Public Utilities | 39 |
| Commission to designate exempt railroad crossings | 40 |
| where certain busses and specified vehicles may | 41 |
| cross without making the stop otherwise required | 42 |
| of those vehicles. | 43 |
| Section 1. That section 4511.63 be amended and sections | 44 |
| 3701.65, 4503.81, 5533.62, 5533.643, 5533.81, 5533.82, 5533.83, | 45 |
| 5533.84, 5533.85, 5533.86, 5533.87, 5533.88, 5533.89, and 5533.90 | 46 |
| of the Revised Code be enacted to read as follows: | 47 |
| Sec. 3701.65. (A) There is hereby created in the state | 48 |
| treasury the "choose life" fund. The fund shall consist of the | 49 |
| contributions that are paid to the registrar of motor vehicles by | 50 |
| applicants who voluntarily elect to obtain "choose life" license | 51 |
| plates pursuant to section 4503.81 of the Revised Code and any | 52 |
| money returned to the fund under division (E)(1)(d) of this | 53 |
| section. All investment earnings of the fund shall be credited to | 54 |
| the fund. | 55 |
| (B)(1) At least annually, the director of health shall | 56 |
| distribute the money in the fund to any private, nonprofit | 57 |
| organization that is eligible to receive funds under this section | 58 |
| and that applies for funding under division (C) of this section. | 59 |
| (2) The director shall distribute the funds based on the | 60 |
| county in which the organization applying for funding is located | 61 |
| and in proportion to the number of "choose life" license plates | 62 |
| issued during the preceding year to vehicles registered in each | 63 |
| county. Within each county, eligible organizations that apply for | 64 |
| funding shall share equally in the funds available for | 65 |
| distribution to organizations located within that county. | 66 |
| (C) Any organization seeking funds under this section | 67 |
| annually shall apply for distribution of the funds. The director | 68 |
| shall develop an application form and may determine the schedule | 69 |
| and procedures that an organization shall follow when annually | 70 |
| applying for funds. The application shall inform the applicant of | 71 |
| the conditions for receiving and using funds under division (E) of | 72 |
| this section. The application shall require evidence that the | 73 |
| organization meets all of the following requirements: | 74 |
| (1) Is a private, nonprofit organization; | 75 |
| (2) Is committed to counseling pregnant women about the | 76 |
| option of adoption; | 77 |
| (3) Provides services within the state to pregnant women who | 78 |
| are planning to place their children for adoption, including | 79 |
| counseling and meeting the material needs of the women; | 80 |
| (4) Does not charge women for any services received; | 81 |
| (5) Is not involved or associated with any abortion | 82 |
| activities, including counseling for or referrals to abortion | 83 |
| clinics, providing medical abortion-related procedures, or | 84 |
| pro-abortion advertising; | 85 |
| (6) Does not discriminate in its provision of any services on | 86 |
| the basis of race, religion, color, age, marital status, national | 87 |
| origin, handicap, gender, or age. | 88 |
| (D) The director shall not distribute funds to an | 89 |
| organization that does not provide verifiable evidence of the | 90 |
| requirements specified in the application under division (C) of | 91 |
| this section and shall not provide additional funds to any | 92 |
| organization that fails to comply with division (E) of this | 93 |
| section in regard to its previous receipt of funds under this | 94 |
| section. | 95 |
| (E)(1) An organization receiving funds under this section | 96 |
| shall do all of the following: | 97 |
| (a) Use not more than sixty per cent of the funds distributed | 98 |
| to it for the material needs of pregnant women who are planning to | 99 |
| place their children for adoption or for infants awaiting | 100 |
| placement with adoptive parents, including clothing, housing, | 101 |
| medical care, food, utilities, and transportation; | 102 |
| (b) Use not more than forty per cent of the funds distributed | 103 |
| to it for counseling, training, or advertising; | 104 |
| (c) Not use any of the funds distributed to it for | 105 |
| administrative expenses, legal expenses, or capital expenditures; | 106 |
| (d) Annually return to the fund created under division (A) of | 107 |
| this section any unused money that exceeds ten per cent of the | 108 |
| money distributed to the organization. | 109 |
| (2) The organization annually shall submit to the director an | 110 |
| audited financial statement verifying its compliance with division | 111 |
| (E)(1) of this section. | 112 |
| Sec. 4503.81. (A) The owner or lessee of any passenger car, | 113 |
| noncommercial motor vehicle, motor home, or other vehicle of a | 114 |
| class approved by the registrar of motor vehicles may apply to the | 115 |
| registrar for the registration of the vehicle and issuance of | 116 |
| "choose life" license plates. The application for "choose life" | 117 |
| license plates may be combined with a request for a special | 118 |
| reserved license plate under section 4503.40 or 4503.42 of the | 119 |
| Revised Code. Upon receipt of the completed application and | 120 |
| compliance with divisions (B) and (C) of this section, the | 121 |
| registrar shall issue to the applicant the appropriate vehicle | 122 |
| registration and a set of "choose life" license plates with a | 123 |
| validation sticker or a validation sticker alone when required by | 124 |
| section 4503.191 of the Revised Code. | 125 |
| In addition to the letters and numbers ordinarily inscribed | 126 |
| on license plates, "choose life" license plates shall be inscribed | 127 |
| with the words "choose life" and a marking designed by "choose | 128 |
| life, inc.," a private, nonprofit corporation incorporated in the | 129 |
| state of Florida. The registrar shall review the design and | 130 |
| approve it if the design is feasible. If the design is not | 131 |
| feasible, the registrar shall notify "choose life, inc," and the | 132 |
| organization may resubmit designs until a feasible one is | 133 |
| approved. "Choose life" license plates shall bear county | 134 |
| identification stickers that identify the county of registration | 135 |
| by name or number. | 136 |
| (B) "Choose life" license plates and a validation sticker, or | 137 |
| a validation sticker alone, shall be issued upon receipt of a | 138 |
| contribution as provided in division (C) of this section and upon | 139 |
| payment of the regular license tax prescribed in section 4503.04 | 140 |
| of the Revised Code, any applicable motor vehicle tax levied under | 141 |
| Chapter 4504. of the Revised Code, any applicable additional fee | 142 |
| prescribed by section 4503.40 or 4503.42 of the Revised Code, a | 143 |
| fee of ten dollars for the purpose of compensating the bureau of | 144 |
| motor vehicles for additional services required in the issuing of | 145 |
| "choose life" license plates, and compliance with all other | 146 |
| applicable laws relating to the registration of motor vehicles. | 147 |
| (C)(1) For each application for registration and registration | 148 |
| renewal received under this section, the registrar shall collect a | 149 |
| contribution of twenty dollars. The registrar shall transmit this | 150 |
| contribution to the treasurer of state for deposit in the "choose | 151 |
| life" fund created in section 3701.65 of the Revised Code. | 152 |
| (2) The registrar shall deposit the additional fee of ten | 153 |
| dollars specified in division (B) of this section for the purpose | 154 |
| of compensating the bureau for the additional services required in | 155 |
| issuing "choose life" license plates in the state bureau of motor | 156 |
| vehicles fund created in section 4501.25 of the Revised Code. | 157 |
| Sec. 4511.63. (A) | 158 |
| this section, the operator of any bus, any school vehicle | 159 |
| 160 | |
| transporting a material or materials required to be placarded | 161 |
| under 49 C.F.R. Parts 100-185, before crossing at grade any track | 162 |
| of a railroad, shall stop the vehicle and, while so stopped, shall | 163 |
| listen through an open door or open window and look in both | 164 |
| directions along the track for any approaching train, and for | 165 |
| signals indicating the approach of a train, and shall proceed only | 166 |
| upon exercising due care after stopping, looking, and listening as | 167 |
| required by this section. Upon proceeding, the operator of such a | 168 |
| vehicle shall cross only in a gear that will ensure there will be | 169 |
| no necessity for changing gears while traversing the crossing and | 170 |
| shall not shift gears while crossing the tracks. | 171 |
| (B) This section does not apply at | 172 |
| crossings | 173 |
| 174 | |
| utilities commission has
authorized and approved | 175 |
| crossing | 176 |
| 177 |
| (1) Any local authority may file an application with the | 178 |
| commission requesting the approval of an exempt crossing. Upon | 179 |
| receipt of such a request, the commission shall authorize a | 180 |
| limited period for the filing of comments by any party regarding | 181 |
| the application and then shall conduct a public hearing in the | 182 |
| community seeking the exempt crossing designation. The commission | 183 |
| shall provide appropriate prior public notice of the comment | 184 |
| period and the public hearing. By registered mail, the commission | 185 |
| shall notify each railroad operating over the crossing of the | 186 |
| comment period. | 187 |
| (2) After considering any comments or other information | 188 |
| received, the commission may approve or reject the application. By | 189 |
| order, the commission may establish conditions for the exempt | 190 |
| crossing designation, including compliance with division (b) of 49 | 191 |
| C.F.R. Part 392.10, when applicable. An exempt crossing | 192 |
| designation becomes effective only when appropriate signs giving | 193 |
| notice of the exempt designation are erected at the crossing as | 194 |
| ordered by the commission and any other conditions ordered by the | 195 |
| commission are satisfied. | 196 |
| (3) By order, the commission may rescind any exempt crossing | 197 |
| designation made under this section if the commission finds that a | 198 |
| condition at the exempt crossing has changed to such an extent | 199 |
| that the continuation of the exempt crossing designation | 200 |
| compromises public safety. The commission may conduct a public | 201 |
| hearing to investigate and determine whether to rescind the exempt | 202 |
| crossing designation. If the commission rescinds the designation, | 203 |
| it shall order the removal of any exempt crossing signs and may | 204 |
| make any other necessary order. | 205 |
| (C)
| 206 |
| (1) "School vehicle" means any vehicle used for the | 207 |
| transportation of pupils to and from a school or school-related | 208 |
| function if the vehicle is owned or operated by, or operated under | 209 |
| contract with, a public or nonpublic school. | 210 |
| | 211 |
| vehicle originally designed by its manufacturer to transport | 212 |
| sixteen or more passengers, including the driver, or carries | 213 |
| sixteen or more passengers, including the driver. | 214 |
| | 215 |
| authorized and approved by the public utilities commission under | 216 |
| division (B) of this section at which vehicles may cross without | 217 |
| making the stop otherwise required by this section. | 218 |
| (D) Except as otherwise provided in this division, whoever | 219 |
| violates this section is guilty of a minor misdemeanor. If the | 220 |
| offender previously has been convicted of or pleaded guilty to one | 221 |
| or more violations of this section or section 4511.76, 4511.761, | 222 |
| 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a | 223 |
| municipal ordinance that is substantially similar to any of those | 224 |
| sections, whoever violates this section is guilty of a misdemeanor | 225 |
| of the fourth degree. | 226 |
| Sec. 5533.62. The road known as state route number | 227 |
| forty-eight, running in a northerly and southerly direction, | 228 |
| commencing in Shelby county and continuing through the counties of | 229 |
| Miami, Montgomery, and Warren and ending in Clermont county, shall | 230 |
| be known as the "U.S.A.F. pararescue memorial parkway." | 231 |
| The director of transportation may erect suitable markers | 232 |
| upon the highway indicating its name. | 233 |
| Sec. 5533.643. That portion of the road known as state route | 234 |
| number seven hundred eleven, commencing at interstate six hundred | 235 |
| eighty in Mahoning county and extending in a northeasterly | 236 |
| direction to the intersection of United States route four hundred | 237 |
| twenty-two shall be known as the "Robert E. Hagan Memorial | 238 |
| Highway." | 239 |
| The director of transportation may erect suitable markers | 240 |
| along the highway indicating its name. | 241 |
| Sec. 5533.81. The bridge spanning the Maumee River in Lucas | 242 |
| county, being a part of the highway known as interstate route | 243 |
| number two hundred eighty and having a scheduled completion date | 244 |
| of approximately August of the year 2005, shall be known as the | 245 |
| "Veterans' Glass City Skyway." | 246 |
| The director of transportation may erect suitable markers | 247 |
| upon the bridge or its approaches indicating its name. | 248 |
| Sec. 5533.82. That portion of state route sixty-six located | 249 |
| in Auglaize county and running in a northerly and southerly | 250 |
| direction between state route one hundred nineteen and state route | 251 |
| two hundred seventy-four, shall be known as the "Kenneth | 252 |
| Jutte-John Garman memorial highway. | 253 |
| The director of transportation may erect suitable markers | 254 |
| along the highway indicating its name. | 255 |
| Sec. 5533.83. That portion of the road known as United States | 256 |
| route thirty-five, running in an easterly and westerly direction | 257 |
| within Gallia county only, shall be known as the "Bob Evans | 258 |
| Highway." | 259 |
| The director of transportation may erect suitable markers | 260 |
| along the highway indicating its name. | 261 |
| Sec. 5533.84. The following portions of the following | 262 |
| highways, located within Gallia county, shall be known as the | 263 |
| "Nehemiah and Permelia Atwood Memorial Highway": | 264 |
| (A) State route number five hundred eighty-eight, commencing | 265 |
| within the municipal corporation of Rio Grande and running in an | 266 |
| easterly direction to the municipal corporation of Rodney to the | 267 |
| intersection of that state route and Jackson pike; | 268 |
| (B) Jackson pike, commencing at the intersection of that | 269 |
| highway and state route number five hundred eighty-eight and | 270 |
| running in an easterly direction to the intersection of Jackson | 271 |
| pike and state route number one hundred sixty. | 272 |
| The director of transportation may erect suitable markers | 273 |
| upon those portions of those highways indicating their name. | 274 |
| Sec. 5533.85. The road known as state route number one | 275 |
| hundred sixty, running in a northerly and southerly direction | 276 |
| within Gallia county only, shall be known as the "Charles E. | 277 |
| Holzer Highway." | 278 |
| The director of transportation may erect markers along the | 279 |
| highway indicating its name. | 280 |
| Sec. 5533.86. The road known as state route number seven | 281 |
| hundred fifty-six, running in an easterly and westerly direction | 282 |
| within Brown and Clermont counties only, shall be known as the | 283 |
| "Ohio Army National Guard Two Hundred Sixteenth Engineering | 284 |
| Battalion Memorial Highway." | 285 |
| The director of transportation may erect suitable markers | 286 |
| along the highway indicating its name. | 287 |
| Sec. 5533.87. That part of the road known as state route | 288 |
| number two hundred nine, located within Guernsey county and | 289 |
| commencing at the intersection of that state route and Wheeling | 290 |
| avenue within the city of Cambridge and extending in a southerly | 291 |
| direction and ending at exit number one hundred seventy-eight of | 292 |
| that state route, shall be known as "Veterans' Memorial Highway." | 293 |
| The director of transportation may erect suitable markers | 294 |
| along the highway indicating its name. | 295 |
| Sec. 5533.88. The road known as United States route number | 296 |
| twenty-four, running in an easterly and westerly direction within | 297 |
| Defiance county only, shall be known as the "Defiance County | 298 |
| Veterans Memorial Highway." | 299 |
| The director of transportation may erect suitable markers | 300 |
| along the highway indicating its name only if the department of | 301 |
| transportation receives private contributions sufficient to pay | 302 |
| all costs of manufacturing, erecting, and maintaining the markers. | 303 |
| Any private money received by the department for the purposes of | 304 |
| this section shall be deposited in the state treasury to the | 305 |
| credit of the state highway operating fund or any other fund of | 306 |
| the department as determined by the director. No public money | 307 |
| shall be used to pay the costs associated with highway markers | 308 |
| erected under this section. | 309 |
| Sec. 5533.89. The portion of the road known as United States | 310 |
| route two hundred fifty, commencing at interstate route | 311 |
| seventy-seven and extending in a southeasterly direction through | 312 |
| the municipal corporation of Uhrichsville, shall be known as the | 313 |
| "Bill Hinig Memorial Highway." | 314 |
| The director of transportation may erect suitable markers | 315 |
| along the highway indicating its name. | 316 |
| Sec. 5533.90. That portion of the road known as state route | 317 |
| number three hundred fifteen running in a north and south | 318 |
| direction within Franklin county, commencing at the point where | 319 |
| that state route crosses over King avenue and extending northward | 320 |
| to the boundary of Franklin county and Delaware county, shall be | 321 |
| known as the "Lawrence E. Hughes Memorial Highway." | 322 |
| The director of transportation may erect suitable markers | 323 |
| along the highway indicating its name. The director may accept | 324 |
| private contributions to pay all or part of the costs of | 325 |
| manufacturing, erecting, and maintaining the markers. Any private | 326 |
| money the department receives for the purposes of this section | 327 |
| shall be deposited in the state treasury to the credit of the | 328 |
| state highway operating fund or any other fund of the department | 329 |
| as determined by the director. | 330 |
| Section 2. That existing section 4511.63 of the Revised Code | 331 |
| is hereby repealed. | 332 |