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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 |