Sub. H. B. No. 30 As Passed by the Senate

Cosponsors: Representatives Adams, Schindel, Seitz, Fessler, Collier, Webster, Aslanides, Bubp, Domenick, Batchelder, Blessing, Carmichael, Coley, Core, Evans, Flowers, Gibbs, Hagan, J., Harwood, Hottinger, Huffman, Hughes, Mandel, Patton, Uecker, Wagoner, Widener
Senators Schaffer, Amstutz, Austria, Buehrer, Harris, Mumper, Niehaus, Padgett, Schuring, Seitz, Spada, Stivers, Wagoner

Section 1. That section 4511.81 be amended and section	27
4511.094 of the Revised Code be enacted to read as follows:	28

(1) "Local authority" means a municipal corporation, county,	30
or township.	31

(2) "Traffic law photo-monitoring device" means an electronic	32
system consisting of a photographic, video, or electronic camera	33
and a means of sensing the presence of a motor vehicle that	34
automatically produces photographs, videotape, or digital images	35
of the vehicle or its license plate.	36

(B)(1) No local authority shall use traffic law	37
photo-monitoring devices to enforce any traffic law until after	38
it has erected signs on every highway that is not a freeway that	39
is part of the state highway system and that enters that local	40
authority. The signs shall inform inbound traffic that the local	41
authority utilizes traffic law photo-monitoring devices to	42
enforce traffic laws. The signs shall be erected within the	43
first three hundred feet of the boundary of the local authority	44
or, if the signs cannot be located within the first three hundred	45
feet of the boundary of the local authority, as close to that	46
distance as possible, provided that if a particular highway	47
enters and exits the territory of a local authority multiple	48
times, the local authority shall erect the signs as required by	49
this division at the locations in each direction of travel where	50
inbound traffic on the highway first enters the territory of the	51
local authority and is not required to erect additional signs	52
along such highway each time the highway reenters the territory of	53
the local authority. The local authority is responsible for all	54
costs associated with the erection, maintenance, and	55
replacement, if necessary, of the signs. All signs erected under	56
this division shall conform in size, color, location, and	57
content to standards contained in the manual adopted by the	58
department of transportation pursuant to section 4511.09 of the	59
Revised Code and shall remain in place for as long as the local	60
authority utilizes traffic law photo-monitoring devices to	61
enforce any traffic law. Any ticket, citation, or summons issued	62
by or on behalf of the local authority for any traffic law	63
violation based upon evidence gathered by a traffic law	64
photo-monitoring device after the effective date of this section,	65
but before the signs have been erected is invalid; provided that	66
no ticket, citation, or summons is invalid if the local authority	67
is in substantial compliance with the requirement of this division	68
to erect the signs.	69

(2) A local authority is deemed to be in substantial	70
compliance with the requirement of division (B)(1) of this section	71
to erect the advisory signs if the authority does both of the	72
following:	73

(a) First erects all signs as required by division (B)(1) of	74
this section and subsequently maintains and replaces the signs as	75
needed so that at all times at least ninety per cent of the	76
required signs are in place and functional;	77

(b) Annually documents and upon request certifies its	78
compliance with division (B)(2)(a) of this section.	79

(C) A local authority that uses traffic law photo-monitoring	80
devices to enforce any traffic law at an intersection where	81
traffic is controlled by traffic control signals that exhibit	82
different colored lights or colored lighted arrows shall time the	83
operation of the yellow lights and yellow arrows of those traffic	84
control signals so that the steady yellow indication exceeds by	85
one second the minimum duration for yellow indicators at similar	86
intersections as established by the provisions of the manual	87
adopted by the department of transportation under section 4511.09	88
of the Revised Code.	89

Sec. 4511.81. (A) When any child who is in either or both of	90
the following categories is being transported in a motor vehicle,	91
other than a taxicab or public safety vehicle as defined in	92
section 4511.01 of the Revised Code, that is required by the	93
United States department of transportation to be equipped with	94
seat belts at the time of manufacture or assembly, the operator of	95
the motor vehicle shall have the child properly secured in	96
accordance with the manufacturer's instructions in a child	97
restraint system that meets federal motor vehicle safety	98
standards:	99

(B) When any child who is in either or both of the following	102
categories is being transported in a motor vehicle, other than a	103
taxicab, that is owned, leased, or otherwise under the control of	104
a nursery school~~, kindergarten,~~ or day-care center, the operator	105
of the motor vehicle shall have the child properly secured in	106
accordance with the manufacturer's instructions in a child	107
restraint system that meets federal motor vehicle safety	108
standards:	109

(C) When any child who is at least four years of age but not	112
older than fifteen years of age is being transported in a motor	113
vehicle, other than a taxicab or public safety vehicle as defined	114
in section 4511.01 of the Revised Code, that is required by the	115
United States department of transportation to be equipped with	116
seat belts at the time of manufacture or assembly, the operator of	117
the motor vehicle shall have the child properly restrained either	118
in accordance with the manufacturer's instructions in a child	119
restraint system that meets federal motor vehicle safety standards	120
or in an occupant restraining device as defined in section	121
4513.263 of the Revised Code.	122

(D) Notwithstanding any provision of law to the contrary, no	123
law enforcement officer shall cause an operator of a motor vehicle	124
being operated on any street or highway to stop the motor vehicle	125
for the sole purpose of determining whether a violation of	126
division (C) of this section has been or is being committed or for	127
the sole purpose of issuing a ticket, citation, or summons for a	128
violation of that nature or causing the arrest of or commencing a	129
prosecution of a person for a violation of that nature, and no law	130
enforcement officer shall view the interior or visually inspect	131
any automobile being operated on any street or highway for the	132
sole purpose of determining whether a violation of that nature has	133
been or is being committed.	134

(E) The director of public safety shall adopt such rules as	135
are necessary to carry out this section.	136

(F) The failure of an operator of a motor vehicle to secure a	137
child in a child restraint system or in an occupant restraining	138
device as required by this section is not negligence imputable to	139
the child, is not admissible as evidence in any civil action	140
involving the rights of the child against any other person	141
allegedly liable for injuries to the child, is not to be used as a	142
basis for a criminal prosecution of the operator of the motor	143
vehicle other than a prosecution for a violation of this section,	144
and is not admissible as evidence in any criminal action involving	145
the operator of the motor vehicle other than a prosecution for a	146
violation of this section.	147

(G) This section does not apply when an emergency exists that	148
threatens the life of any person operating a motor vehicle and to	149
whom this section otherwise would apply or the life of any child	150
who otherwise would be required to be restrained under this	151
section.	152

(H) There is hereby created in the state treasury the "child	153
highway safety fund," consisting of fines imposed pursuant to	154
division (J)(1) of this section for violations of divisions (A),	155
(B), and (C) of this section. The money in the fund shall be used	156
by the department of health only to defray the cost of designating	157
hospitals as pediatric trauma centers under section 3727.081 of	158
the Revised Code and to establish and administer a child highway	159
safety program. The purpose of the program shall be to educate the	160
public about child restraint systems generally and the importance	161
of their proper use. The program also shall include a process for	162
providing child restraint systems to persons who meet the	163
eligibility criteria established by the department, and a	164
toll-free telephone number the public may utilize to obtain	165
information about child restraint systems and their proper use.	166

(I) The director of health, in accordance with Chapter 119.	167
of the Revised Code, shall adopt any rules necessary to carry out	168
this section, including rules establishing the criteria a person	169
must meet in order to receive a child restraint system under the	170
department's child restraint system program; provided that rules	171
relating to the verification of pediatric trauma centers shall not	172
be adopted under this section.	173

(J)(1) Whoever violates division (A), (B), or (C) of this	174
section shall be punished as follows:	175

(a) Except as otherwise provided in division (J)(1)(b) of	176
this section, the offender is guilty of a minor misdemeanor and	177
shall be fined not less than twenty-five dollars.	178

(b) If the offender previously has been convicted of or	179
pleaded guilty to a violation of division (A), (B), or (C) of this	180
section or of a municipal ordinance that is substantially similar	181
to any of those divisions, the offender is guilty of a misdemeanor	182
of the fourth degree.	183

(2) All fines imposed pursuant to division (J)(1) of this	184
section shall be forwarded to the treasurer of state for deposit	185
in the "child highway safety fund" created by division (H) of this	186
section.	187

Section 2. That existing section 4511.81 of the Revised Code	188
is hereby repealed.	189

Section 3. That Sections 555.07 and 555.19 of Am. Sub. H.B.	190
67 of the 127th General Assembly be amended to read as follows:	191

Sec. 555.07. From July 1, ~~2007~~2008, through June 30, 2009,	192
three or fewer steel coils are deemed to be a nondivisible load	193
for purposes of special permits issued under section 4513.34 of	194
the Revised Code, provided that the maximum overall gross	195
vehicle weight of the vehicle and load shall not exceed ~~92,000~~	196
120,000 pounds.	197

Sec. 555.19. In fiscal year 2008, the Department of	198
Transportation shall expend at least $400,000 in the township	199
having the largest ~~geographic area~~population according to the	200
2000 federal decennial census for a pilot program involving the	201
installation and operation of a system of portable signal	202
preemption devices. Use of the devices in the pilot program shall	203
be in accordance with section 4511.031 of the Revised Code. The	204
Department shall consult with appropriate township officials in	205
implementing the pilot program.	206

Section 4. That existing Sections 555.07 and 555.19 of Am.	207
Sub. H.B. 67 of the 127th General Assembly are hereby repealed.	208

Section 5. That Section 555.08 of Am. Sub. H.B. 67 of the	209
127th General Assembly, as amended by Am. Sub. H.B. 119 of the	210
127th General Assembly, be amended to read as follows:	211

Sec. 555.08. The Department of Transportation shall construct	212
the major new construction projects selected by the Transportation	213
Review Advisory Council on December 20, 2006, as Tier I projects	214
for construction in fiscal years 2007 through 2013 and shall not	215
~~undertake~~commence construction of other major new construction	216
projects ~~until~~unless construction of such selected Tier I	217
projects ~~has commenced~~is progressing in accordance with the	218
December 20, 2006, recommendations. However, nothing in this	219
section shall require the Department of Transportation to	220
~~undertake~~advance the major new Tier I construction projects	221
selected by the Transportation Review Advisory Council on	222
December 20, 2006, ahead of projects selected as Tier I projects	223
prior to that date; the Department may continue with such	224
previously selected Tier I projects in accordance with the prior	225
recommendations. The Department of Transportation may continue	226
the planning and development steps of its project development	227
process for other major new construction projects and the	228
Transportation Review Advisory Council may recommend additional	229
major new projects in accordance with the policies promulgated	230
by the Council, but new Tier I projects shall not be given	231
priority over Tier I projects recommended on December 20, 2006.	232

Section 6. That existing Section 555.08 of Am. Sub. H.B. 67	233
of the 127th General Assembly, as amended by Am. Sub. H.B. 119 of	234
the 127th General Assembly, is hereby repealed.	235

Section 7. The Department of Transportation shall study the	236
impact upon any highway under its jurisdiction of granting permits	237
for the operation or movement of an overweight vehicle or	238
combination of vehicles of a weight exceeding the maximum	239
specified in sections 5577.02 to 5577.04 of the Revised Code. In	240
particular, the Department shall document the use and effect of	241
continuing permits. The Department shall determine whether	242
permitting regulations impose the least burden and costs to a	243
business and avoid placing entities doing business in this state	244
at a competitive disadvantage relative to businesses located in	245
other states or countries. The Department shall issue a report of	246
its findings to the General Assembly and the Governor by February	247
1, 2009.	248

Section 8. Section 4511.094 of the Revised Code takes effect	249
six months after the effective date of this section.	250