Am. Sub. H. B. No. 330 As Passed by the Senate

As Passed by the Senate

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 330

Representative Patten

Cosponsors: Representatives Chandler, DeGeeter, Domenick, Evans, Fende, Foley, Garland, Harris, Letson, Okey, Phillips, Pryor, Skindell, Weddington, Williams, B., Yuko, Hagan, Mallory, Bolon, Combs, Balderson, McClain, Ruhl, Adams, R., Bacon, Baker, Batchelder, Belcher, Boose, Brown, Bubp, Burke, Carney, Celeste, Coley, Daniels, DeBose, Derickson, Dodd, Driehaus, Dyer, Gardner, Garrison, Gerberry, Goodwin, Goyal, Grossman, Hackett, Hall, Harwood, Hite, Hottinger, Huffman, Jordan, Koziura, Luckie, Lundy, Maag, Mandel, Martin, McGregor, Mecklenborg, Moran, Morgan, Murray, Newcomb, Pillich, Sayre, Slesnick, Snitchler, Stewart, Szollosi, Uecker, Ujvagi, Wagner, Winburn, Zehringer
Senators Gillmor, Schuring, Wagoner, Harris, Gibbs, Strahorn, Fedor, Jones

A BILL

To amend sections 4511.21, 4513.61, and 5513.01 and

to enact section 5577.043 of the Revised Code, and

to amend Section 509.10 of Am. Sub. H.B. 1 of the

128th General Assembly to authorize the director

of transportation to include school districts in

purchase contracts for machinery, materials,

supplies, and other articles; to establish

prima-facie speed limits of 35 and 40 miles per

hour on certain streets within the municipal

corporation of Marblehead; to prohibit a sheriff

or police chief from charging to file an affidavit

related to disposing of a vehicle the sheriff or

chief ordered into storage; to allow, in counties

with a specified population, the operation on

local roads of vehicles weighing up to 120,000

pounds under certain circumstances; to prescribe a

minimum number of meetings for the Budget Planning

and Management Commission; and to declare an

emergency.

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

Section 1. That sections 4511.21, 4513.61, and 5513.01 be	20
amended and section 5577.043 of the Revised Code be enacted to	21
read as follows:	22

Sec. 4511.21. (A) No person shall operate a motor vehicle,	23
trackless trolley, or streetcar at a speed greater or less than is	24
reasonable or proper, having due regard to the traffic, surface,	25
and width of the street or highway and any other conditions, and	26
no person shall drive any motor vehicle, trackless trolley, or	27
streetcar in and upon any street or highway at a greater speed	28
than will permit the person to bring it to a stop within the	29
assured clear distance ahead.	30

(B) It is prima-facie lawful, in the absence of a lower limit	31
declared or established pursuant to this section by the director	32
of transportation or local authorities, for the operator of a	33
motor vehicle, trackless trolley, or streetcar to operate the same	34
at a speed not exceeding the following:	35

(1)(a) Twenty miles per hour in school zones during school	36
recess and while children are going to or leaving school during	37
the opening or closing hours, and when twenty miles per hour	38
school speed limit signs are erected; except that, on	39
controlled-access highways and expressways, if the right-of-way	40
line fence has been erected without pedestrian opening, the speed	41
shall be governed by division (B)(4) of this section and on	42
freeways, if the right-of-way line fence has been erected without	43
pedestrian opening, the speed shall be governed by divisions	44
(B)(9) and (10) of this section. The end of every school zone may	45
be marked by a sign indicating the end of the zone. Nothing in	46
this section or in the manual and specifications for a uniform	47
system of traffic control devices shall be construed to require	48
school zones to be indicated by signs equipped with flashing or	49
other lights, or giving other special notice of the hours in which	50
the school zone speed limit is in effect.	51

(b) As used in this section and in section 4511.212 of the	52
Revised Code, "school" means any school chartered under section	53
3301.16 of the Revised Code and any nonchartered school that	54
during the preceding year filed with the department of education	55
in compliance with rule 3301-35-08 of the Ohio Administrative	56
Code, a copy of the school's report for the parents of the	57
school's pupils certifying that the school meets Ohio minimum	58
standards for nonchartered, nontax-supported schools and presents	59
evidence of this filing to the jurisdiction from which it is	60
requesting the establishment of a school zone. "School" also	61
includes a special elementary school that in writing requests the	62
county engineer of the county in which the special elementary	63
school is located to create a school zone at the location of that	64
school. Upon receipt of such a written request, the county	65
engineer shall create a school zone at that location by erecting	66
the appropriate signs.	67

(c) As used in this section, "school zone" means that portion	68
of a street or highway passing a school fronting upon the street	69
or highway that is encompassed by projecting the school property	70
lines to the fronting street or highway, and also includes that	71
portion of a state highway. Upon request from local authorities	72
for streets and highways under their jurisdiction and that portion	73
of a state highway under the jurisdiction of the director of	74
transportation or a request from a county engineer in the case of	75
a school zone for a special elementary school, the director may	76
extend the traditional school zone boundaries. The distances in	77
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	78
exceed three hundred feet per approach per direction and are	79
bounded by whichever of the following distances or combinations	80
thereof the director approves as most appropriate:	81

(i) The distance encompassed by projecting the school	82
building lines normal to the fronting highway and extending a	83
distance of three hundred feet on each approach direction;	84

(ii) The distance encompassed by projecting the school	85
property lines intersecting the fronting highway and extending a	86
distance of three hundred feet on each approach direction;	87

(iii) The distance encompassed by the special marking of the	88
pavement for a principal school pupil crosswalk plus a distance of	89
three hundred feet on each approach direction of the highway.	90

Nothing in this section shall be construed to invalidate the	91
director's initial action on August 9, 1976, establishing all	92
school zones at the traditional school zone boundaries defined by	93
projecting school property lines, except when those boundaries are	94
extended as provided in divisions (B)(1)(a) and (c) of this	95
section.	96

(d) As used in this division, "crosswalk" has the meaning	97
given that term in division (LL)(2) of section 4511.01 of the	98
Revised Code.	99

The director may, upon request by resolution of the	100
legislative authority of a municipal corporation, the board of	101
trustees of a township, or a county board of developmental	102
disabilities created pursuant to Chapter 5126. of the Revised	103
Code, and upon submission by the municipal corporation, township,	104
or county board of such engineering, traffic, and other	105
information as the director considers necessary, designate a	106
school zone on any portion of a state route lying within the	107
municipal corporation, lying within the unincorporated territory	108
of the township, or lying adjacent to the property of a school	109
that is operated by such county board, that includes a crosswalk	110
customarily used by children going to or leaving a school during	111
recess and opening and closing hours, whenever the distance, as	112
measured in a straight line, from the school property line nearest	113
the crosswalk to the nearest point of the crosswalk is no more	114
than one thousand three hundred twenty feet. Such a school zone	115
shall include the distance encompassed by the crosswalk and	116
extending three hundred feet on each approach direction of the	117
state route.	118

(e) As used in this section, "special elementary school"	119
means a school that meets all of the following criteria:	120

(i) It is not chartered and does not receive tax revenue from	121
any source.	122

(ii) It does not educate children beyond the eighth grade.

123

(iii) It is located outside the limits of a municipal	124
corporation.	125

(iv) A majority of the total number of students enrolled at	126
the school are not related by blood.	127

(v) The principal or other person in charge of the special	128
elementary school annually sends a report to the superintendent of	129
the school district in which the special elementary school is	130
located indicating the total number of students enrolled at the	131
school, but otherwise the principal or other person in charge does	132
not report any other information or data to the superintendent.	133

(2) Twenty-five miles per hour in all other portions of a	134
municipal corporation, except on state routes outside business	135
districts, through highways outside business districts, and	136
alleys;	137

(3) Thirty-five miles per hour on all state routes or through	138
highways within municipal corporations outside business districts,	139
except as provided in divisions (B)(4) and (6) of this section;	140

(4) Fifty miles per hour on controlled-access highways and	141
expressways within municipal corporations;	142

(5) Fifty-five miles per hour on highways outside municipal	143
corporations, other than highways within island jurisdictions as	144
provided in division (B)(8) of this section and freeways as	145
provided in divisions (B)(13) and (14) of this section;	146

(6) Fifty miles per hour on state routes within municipal	147
corporations outside urban districts unless a lower prima-facie	148
speed is established as further provided in this section;	149

(7) Fifteen miles per hour on all alleys within the municipal	150
corporation;	151

(8) Thirty-five miles per hour on highways outside municipal	152
corporations that are within an island jurisdiction;	153

(9) Fifty-five miles per hour at all times on freeways with	154
paved shoulders inside municipal corporations, other than freeways	155
as provided in divisions (B)(13) and (14) of this section;	156

(10) Fifty-five miles per hour at all times on freeways	157
outside municipal corporations, other than freeways as provided in	158
divisions (B)(13) and (14) of this section;	159

(11) Fifty-five miles per hour at all times on all portions	160
of freeways that are part of the interstate system and on all	161
portions of freeways that are not part of the interstate system,	162
but are built to the standards and specifications that are	163
applicable to freeways that are part of the interstate system for	164
operators of any motor vehicle weighing in excess of eight	165
thousand pounds empty weight and any noncommercial bus, except as	166
provided in division (B)(14) of this section;	167

(12) Fifty-five miles per hour for operators of any motor	168
vehicle weighing eight thousand pounds or less empty weight and	169
any commercial bus at all times on all portions of freeways that	170
are part of the interstate system and that had such a speed limit	171
established prior to October 1, 1995, and freeways that are not	172
part of the interstate system, but are built to the standards and	173
specifications that are applicable to freeways that are part of	174
the interstate system and that had such a speed limit established	175
prior to October 1, 1995, unless a higher speed limit is	176
established under division (L) of this section;	177

(13) Sixty-five miles per hour for operators of any motor	178
vehicle weighing eight thousand pounds or less empty weight and	179
any commercial bus at all times on all portions of the following:	180

(a) Freeways that are part of the interstate system and that	181
had such a speed limit established prior to October 1, 1995, and	182
freeways that are not part of the interstate system, but are built	183
to the standards and specifications that are applicable to	184
freeways that are part of the interstate system and that had such	185
a speed limit established prior to October 1, 1995;	186

(b) Freeways that are part of the interstate system and	187
freeways that are not part of the interstate system but are built	188
to the standards and specifications that are applicable to	189
freeways that are part of the interstate system, and that had such	190
a speed limit established under division (L) of this section;	191

(c) Rural, divided, multi-lane highways that are designated	192
as part of the national highway system under the "National Highway	193
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	194
and that had such a speed limit established under division (M) of	195
this section.	196

(14) Sixty-five miles per hour at all times on all portions	197
of freeways that are part of the interstate system and that had	198
such a speed limit on ~~the effective date of this amendment~~July 1,	199
2009, for operators of any motor vehicle weighing in excess of	200
eight thousand pounds empty weight and any noncommercial bus;	201

(15)(a) Thirty-five miles per hour on the northern portion of	202
state route number one hundred sixty-three within the municipal	203
corporation of Marblehead, commencing at the western boundary of	204
Marblehead and proceeding in an easterly direction to the	205
intersection of that state route and Water street within that	206
municipal corporation;	207

(b) Forty miles per hour on the southern portion of state	208
route number one hundred sixty-three within the municipal	209
corporation of Marblehead, commencing at the western boundary of	210
Marblehead and proceeding in an easterly and then northeasterly	211
and then northerly direction to the intersection of that state	212
route and Lighthouse road within that municipal corporation.	213

(C) It is prima-facie unlawful for any person to exceed any	214
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	215
(6), (7), ~~and~~ (8), and (15) of this section, or any declared or	216
established pursuant to this section by the director or local	217
authorities and it is unlawful for any person to exceed any of the	218
speed limitations in division (D) of this section. No person shall	219
be convicted of more than one violation of this section for the	220
same conduct, although violations of more than one provision of	221
this section may be charged in the alternative in a single	222
affidavit.	223

(D) No person shall operate a motor vehicle, trackless	224
trolley, or streetcar upon a street or highway as follows:	225

(1) At a speed exceeding fifty-five miles per hour, except	226
upon a freeway as provided in divisions (B)(13) and (14) of this	227
section;	228

(2) At a speed exceeding sixty-five miles per hour upon a	229
freeway as provided in divisions (B)(13) and (14) of this section;	230

(3) If a motor vehicle weighing in excess of eight thousand	231
pounds empty weight or a noncommercial bus as prescribed in	232
division (B)(11) of this section, at a speed exceeding fifty-five	233
miles per hour upon a freeway as provided in that division;	234

(4) At a speed exceeding the posted speed limit upon a	235
freeway for which the director has determined and declared a speed	236
limit of not more than sixty-five miles per hour pursuant to	237
division (L)(2) or (M) of this section;	238

(5) At a speed exceeding sixty-five miles per hour upon a	239
freeway for which such a speed limit has been established through	240
the operation of division (L)(3) of this section;	241

(6) At a speed exceeding the posted speed limit upon a	242
freeway for which the director has determined and declared a speed	243
limit pursuant to division (I)(2) of this section.	244

(E) In every charge of violation of this section the	245
affidavit and warrant shall specify the time, place, and speed at	246
which the defendant is alleged to have driven, and in charges made	247
in reliance upon division (C) of this section also the speed which	248
division (B)(1)(a), (2), (3), (4), (6), (7), or (8), or (15) of,	249
or a limit declared or established pursuant to, this section	250
declares is prima-facie lawful at the time and place of such	251
alleged violation, except that in affidavits where a person is	252
alleged to have driven at a greater speed than will permit the	253
person to bring the vehicle to a stop within the assured clear	254
distance ahead the affidavit and warrant need not specify the	255
speed at which the defendant is alleged to have driven.	256

(F) When a speed in excess of both a prima-facie limitation	257
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	258
this section is alleged, the defendant shall be charged in a	259
single affidavit, alleging a single act, with a violation	260
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	261
(8), or (15) of this section, or of a limit declared or	262
established pursuant to this section by the director or local	263
authorities, and of the limitation in division (D)(1), (2), (3),	264
(4), (5), or (6) of this section. If the court finds a violation	265
of division (B)(1)(a), (2), (3), (4), (6), (7), or (8), or (15)	266
of, or a limit declared or established pursuant to, this section	267
has occurred, it shall enter a judgment of conviction under such	268
division and dismiss the charge under division (D)(1), (2), (3),	269
(4), (5), or (6) of this section. If it finds no violation of	270
division (B)(1)(a), (2), (3), (4), (6), (7), or (8), or (15) of,	271
or a limit declared or established pursuant to, this section, it	272
shall then consider whether the evidence supports a conviction	273
under division (D)(1), (2), (3), (4), (5), or (6) of this section.	274

(G) Points shall be assessed for violation of a limitation	275
under division (D) of this section in accordance with section	276
4510.036 of the Revised Code.	277

(H) Whenever the director determines upon the basis of a	278
geometric and traffic characteristic study that any speed limit	279
set forth in divisions (B)(1)(a) to (D) of this section is greater	280
or less than is reasonable or safe under the conditions found to	281
exist at any portion of a street or highway under the jurisdiction	282
of the director, the director shall determine and declare a	283
reasonable and safe prima-facie speed limit, which shall be	284
effective when appropriate signs giving notice of it are erected	285
at the location.	286

(I)(1) Except as provided in divisions (I)(2) and (K) of this	287
section, whenever local authorities determine upon the basis of an	288
engineering and traffic investigation that the speed permitted by	289
divisions (B)(1)(a) to (D) of this section, on any part of a	290
highway under their jurisdiction, is greater than is reasonable	291
and safe under the conditions found to exist at such location, the	292
local authorities may by resolution request the director to	293
determine and declare a reasonable and safe prima-facie speed	294
limit. Upon receipt of such request the director may determine and	295
declare a reasonable and safe prima-facie speed limit at such	296
location, and if the director does so, then such declared speed	297
limit shall become effective only when appropriate signs giving	298
notice thereof are erected at such location by the local	299
authorities. The director may withdraw the declaration of a	300
prima-facie speed limit whenever in the director's opinion the	301
altered prima-facie speed becomes unreasonable. Upon such	302
withdrawal, the declared prima-facie speed shall become	303
ineffective and the signs relating thereto shall be immediately	304
removed by the local authorities.	305

(2) A local authority may determine on the basis of a	306
geometric and traffic characteristic study that the speed limit of	307
sixty-five miles per hour on a portion of a freeway under its	308
jurisdiction that was established through the operation of	309
division (L)(3) of this section is greater than is reasonable or	310
safe under the conditions found to exist at that portion of the	311
freeway. If the local authority makes such a determination, the	312
local authority by resolution may request the director to	313
determine and declare a reasonable and safe speed limit of not	314
less than fifty-five miles per hour for that portion of the	315
freeway. If the director takes such action, the declared speed	316
limit becomes effective only when appropriate signs giving notice	317
of it are erected at such location by the local authority.	318

(J) Local authorities in their respective jurisdictions may	319
authorize by ordinance higher prima-facie speeds than those stated	320
in this section upon through highways, or upon highways or	321
portions thereof where there are no intersections, or between	322
widely spaced intersections, provided signs are erected giving	323
notice of the authorized speed, but local authorities shall not	324
modify or alter the basic rule set forth in division (A) of this	325
section or in any event authorize by ordinance a speed in excess	326
of fifty miles per hour.	327

Alteration of prima-facie limits on state routes by local	328
authorities shall not be effective until the alteration has been	329
approved by the director. The director may withdraw approval of	330
any altered prima-facie speed limits whenever in the director's	331
opinion any altered prima-facie speed becomes unreasonable, and	332
upon such withdrawal, the altered prima-facie speed shall become	333
ineffective and the signs relating thereto shall be immediately	334
removed by the local authorities.	335

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	336
section, "unimproved highway" means a highway consisting of any of	337
the following:	338

(a) Unimproved earth;

339

(b) Unimproved graded and drained earth;

340

341

(2) Except as otherwise provided in divisions (K)(4) and (5)	342
of this section, whenever a board of township trustees determines	343
upon the basis of an engineering and traffic investigation that	344
the speed permitted by division (B)(5) of this section on any part	345
of an unimproved highway under its jurisdiction and in the	346
unincorporated territory of the township is greater than is	347
reasonable or safe under the conditions found to exist at the	348
location, the board may by resolution declare a reasonable and	349
safe prima-facie speed limit of fifty-five but not less than	350
twenty-five miles per hour. An altered speed limit adopted by a	351
board of township trustees under this division becomes effective	352
when appropriate traffic control devices, as prescribed in section	353
4511.11 of the Revised Code, giving notice thereof are erected at	354
the location, which shall be no sooner than sixty days after	355
adoption of the resolution.	356

(3)(a) Whenever, in the opinion of a board of township	357
trustees, any altered prima-facie speed limit established by the	358
board under this division becomes unreasonable, the board may	359
adopt a resolution withdrawing the altered prima-facie speed	360
limit. Upon the adoption of such a resolution, the altered	361
prima-facie speed limit becomes ineffective and the traffic	362
control devices relating thereto shall be immediately removed.	363

(b) Whenever a highway ceases to be an unimproved highway and	364
the board has adopted an altered prima-facie speed limit pursuant	365
to division (K)(2) of this section, the board shall, by	366
resolution, withdraw the altered prima-facie speed limit as soon	367
as the highway ceases to be unimproved. Upon the adoption of such	368
a resolution, the altered prima-facie speed limit becomes	369
ineffective and the traffic control devices relating thereto shall	370
be immediately removed.	371

(4)(a) If the boundary of two townships rests on the	372
centerline of an unimproved highway in unincorporated territory	373
and both townships have jurisdiction over the highway, neither of	374
the boards of township trustees of such townships may declare an	375
altered prima-facie speed limit pursuant to division (K)(2) of	376
this section on the part of the highway under their joint	377
jurisdiction unless the boards of township trustees of both of the	378
townships determine, upon the basis of an engineering and traffic	379
investigation, that the speed permitted by division (B)(5) of this	380
section is greater than is reasonable or safe under the conditions	381
found to exist at the location and both boards agree upon a	382
reasonable and safe prima-facie speed limit of less than	383
fifty-five but not less than twenty-five miles per hour for that	384
location. If both boards so agree, each shall follow the procedure	385
specified in division (K)(2) of this section for altering the	386
prima-facie speed limit on the highway. Except as otherwise	387
provided in division (K)(4)(b) of this section, no speed limit	388
altered pursuant to division (K)(4)(a) of this section may be	389
withdrawn unless the boards of township trustees of both townships	390
determine that the altered prima-facie speed limit previously	391
adopted becomes unreasonable and each board adopts a resolution	392
withdrawing the altered prima-facie speed limit pursuant to the	393
procedure specified in division (K)(3)(a) of this section.	394

(b) Whenever a highway described in division (K)(4)(a) of	395
this section ceases to be an unimproved highway and two boards of	396
township trustees have adopted an altered prima-facie speed limit	397
pursuant to division (K)(4)(a) of this section, both boards shall,	398
by resolution, withdraw the altered prima-facie speed limit as	399
soon as the highway ceases to be unimproved. Upon the adoption of	400
the resolution, the altered prima-facie speed limit becomes	401
ineffective and the traffic control devices relating thereto shall	402
be immediately removed.	403

(5) As used in division (K)(5) of this section:

404

(a) "Commercial subdivision" means any platted territory	405
outside the limits of a municipal corporation and fronting a	406
highway where, for a distance of three hundred feet or more, the	407
frontage is improved with buildings in use for commercial	408
purposes, or where the entire length of the highway is less than	409
three hundred feet long and the frontage is improved with	410
buildings in use for commercial purposes.	411

(b) "Residential subdivision" means any platted territory	412
outside the limits of a municipal corporation and fronting a	413
highway, where, for a distance of three hundred feet or more, the	414
frontage is improved with residences or residences and buildings	415
in use for business, or where the entire length of the highway is	416
less than three hundred feet long and the frontage is improved	417
with residences or residences and buildings in use for business.	418

Whenever a board of township trustees finds upon the basis of	419
an engineering and traffic investigation that the prima-facie	420
speed permitted by division (B)(5) of this section on any part of	421
a highway under its jurisdiction that is located in a commercial	422
or residential subdivision, except on highways or portions thereof	423
at the entrances to which vehicular traffic from the majority of	424
intersecting highways is required to yield the right-of-way to	425
vehicles on such highways in obedience to stop or yield signs or	426
traffic control signals, is greater than is reasonable and safe	427
under the conditions found to exist at the location, the board may	428
by resolution declare a reasonable and safe prima-facie speed	429
limit of less than fifty-five but not less than twenty-five miles	430
per hour at the location. An altered speed limit adopted by a	431
board of township trustees under this division shall become	432
effective when appropriate signs giving notice thereof are erected	433
at the location by the township. Whenever, in the opinion of a	434
board of township trustees, any altered prima-facie speed limit	435
established by it under this division becomes unreasonable, it may	436
adopt a resolution withdrawing the altered prima-facie speed, and	437
upon such withdrawal, the altered prima-facie speed shall become	438
ineffective, and the signs relating thereto shall be immediately	439
removed by the township.	440

(L)(1) Within one hundred twenty days of February 29, 1996,	441
the director of transportation, based upon a geometric and traffic	442
characteristic study of a freeway that is part of the interstate	443
system or that is not part of the interstate system, but is built	444
to the standards and specifications that are applicable to	445
freeways that are part of the interstate system, in consultation	446
with the director of public safety and, if applicable, the local	447
authority having jurisdiction over a portion of such freeway, may	448
determine and declare that the speed limit of less than sixty-five	449
miles per hour established on such freeway or portion of freeway	450
either is reasonable and safe or is less than that which is	451
reasonable and safe.	452

(2) If the established speed limit for such a freeway or	453
portion of freeway is determined to be less than that which is	454
reasonable and safe, the director of transportation, in	455
consultation with the director of public safety and, if	456
applicable, the local authority having jurisdiction over the	457
portion of freeway, shall determine and declare a reasonable and	458
safe speed limit of not more than sixty-five miles per hour for	459
that freeway or portion of freeway.	460

The director of transportation or local authority having	461
jurisdiction over the freeway or portion of freeway shall erect	462
appropriate signs giving notice of the speed limit at such	463
location within one hundred fifty days of February 29, 1996. Such	464
speed limit becomes effective only when such signs are erected at	465
the location.	466

(3) If, within one hundred twenty days of February 29, 1996,	467
the director of transportation does not make a determination and	468
declaration of a reasonable and safe speed limit for a freeway or	469
portion of freeway that is part of the interstate system or that	470
is not part of the interstate system, but is built to the	471
standards and specifications that are applicable to freeways that	472
are part of the interstate system and that has a speed limit of	473
less than sixty-five miles per hour, the speed limit on that	474
freeway or portion of a freeway shall be sixty-five miles per	475
hour. The director of transportation or local authority having	476
jurisdiction over the freeway or portion of the freeway shall	477
erect appropriate signs giving notice of the speed limit of	478
sixty-five miles per hour at such location within one hundred	479
fifty days of February 29, 1996. Such speed limit becomes	480
effective only when such signs are erected at the location. A	481
speed limit established through the operation of division (L)(3)	482
of this section is subject to reduction under division (I)(2) of	483
this section.	484

(M) Within three hundred sixty days after February 29, 1996,	485
the director of transportation, based upon a geometric and traffic	486
characteristic study of a rural, divided, multi-lane highway that	487
has been designated as part of the national highway system under	488
the "National Highway System Designation Act of 1995," 109 Stat.	489
568, 23 U.S.C.A. 103, in consultation with the director of public	490
safety and, if applicable, the local authority having jurisdiction	491
over a portion of the highway, may determine and declare that the	492
speed limit of less than sixty-five miles per hour established on	493
the highway or portion of highway either is reasonable and safe or	494
is less than that which is reasonable and safe.	495

If the established speed limit for the highway or portion of	496
highway is determined to be less than that which is reasonable and	497
safe, the director of transportation, in consultation with the	498
director of public safety and, if applicable, the local authority	499
having jurisdiction over the portion of highway, shall determine	500
and declare a reasonable and safe speed limit of not more than	501
sixty-five miles per hour for that highway or portion of highway.	502
The director of transportation or local authority having	503
jurisdiction over the highway or portion of highway shall erect	504
appropriate signs giving notice of the speed limit at such	505
location within three hundred ninety days after February 29, 1996.	506
The speed limit becomes effective only when such signs are erected	507
at the location.	508

(N)(1)(a) If the boundary of two local authorities rests on	509
the centerline of a highway and both authorities have jurisdiction	510
over the highway, the speed limit for the part of the highway	511
within their joint jurisdiction shall be either one of the	512
following as agreed to by both authorities:	513

(i) Either prima-facie speed limit permitted by division (B)	514
of this section;	515

(ii) An altered speed limit determined and posted in	516
accordance with this section.	517

(b) If the local authorities are unable to reach an	518
agreement, the speed limit shall remain as established and posted	519
under this section.	520

(2) Neither local authority may declare an altered	521
prima-facie speed limit pursuant to this section on the part of	522
the highway under their joint jurisdiction unless both of the	523
local authorities determine, upon the basis of an engineering and	524
traffic investigation, that the speed permitted by this section is	525
greater than is reasonable or safe under the conditions found to	526
exist at the location and both authorities agree upon a uniform	527
reasonable and safe prima-facie speed limit of less than	528
fifty-five but not less than twenty-five miles per hour for that	529
location. If both authorities so agree, each shall follow the	530
procedure specified in this section for altering the prima-facie	531
speed limit on the highway, and the speed limit for the part of	532
the highway within their joint jurisdiction shall be uniformly	533
altered. No altered speed limit may be withdrawn unless both local	534
authorities determine that the altered prima-facie speed limit	535
previously adopted becomes unreasonable and each adopts a	536
resolution withdrawing the altered prima-facie speed limit	537
pursuant to the procedure specified in this section.	538

(O) As used in this section:

539

(1) "Interstate system" has the same meaning as in 23	540
U.S.C.A. 101.	541

(2) "Commercial bus" means a motor vehicle designed for	542
carrying more than nine passengers and used for the transportation	543
of persons for compensation.	544

(3) "Noncommercial bus" includes but is not limited to a	545
school bus or a motor vehicle operated solely for the	546
transportation of persons associated with a charitable or	547
nonprofit organization.	548

(P)(1) A violation of any provision of this section is one of	549
the following:	550

(a) Except as otherwise provided in divisions (P)(1)(b),	551
(1)(c), (2), and (3) of this section, a minor misdemeanor;	552

(b) If, within one year of the offense, the offender	553
previously has been convicted of or pleaded guilty to two	554
violations of any provision of this section or of any provision of	555
a municipal ordinance that is substantially similar to any	556
provision of this section, a misdemeanor of the fourth degree;	557

(c) If, within one year of the offense, the offender	558
previously has been convicted of or pleaded guilty to three or	559
more violations of any provision of this section or of any	560
provision of a municipal ordinance that is substantially similar	561
to any provision of this section, a misdemeanor of the third	562
degree.	563

(2) If the offender has not previously been convicted of or	564
pleaded guilty to a violation of any provision of this section or	565
of any provision of a municipal ordinance that is substantially	566
similar to this section and operated a motor vehicle faster than	567
thirty-five miles an hour in a business district of a municipal	568
corporation, faster than fifty miles an hour in other portions of	569
a municipal corporation, or faster than thirty-five miles an hour	570
in a school zone during recess or while children are going to or	571
leaving school during the school's opening or closing hours, a	572
misdemeanor of the fourth degree.	573

(3) Notwithstanding division (P)(1) of this section, if the	574
offender operated a motor vehicle in a construction zone where a	575
sign was then posted in accordance with section 4511.98 of the	576
Revised Code, the court, in addition to all other penalties	577
provided by law, shall impose upon the offender a fine of two	578
times the usual amount imposed for the violation. No court shall	579
impose a fine of two times the usual amount imposed for the	580
violation upon an offender if the offender alleges, in an	581
affidavit filed with the court prior to the offender's sentencing,	582
that the offender is indigent and is unable to pay the fine	583
imposed pursuant to this division and if the court determines that	584
the offender is an indigent person and unable to pay the fine.	585

Sec. 4513.61. The sheriff of a county or chief of police of	586
a municipal corporation, township, or township police district,	587
within the sheriff's or chief's respective territorial	588
jurisdiction, or a state highway patrol trooper, upon notification	589
to the sheriff or chief of police of such action and of the	590
location of the place of storage, may order into storage any motor	591
vehicle, including an abandoned junk motor vehicle as defined in	592
section 4513.63 of the Revised Code, that has come into the	593
possession of the sheriff, chief of police, or state highway	594
patrol trooper as a result of the performance of the sheriff's,	595
chief's, or trooper's duties or that has been left on a public	596
street or other property open to the public for purposes of	597
vehicular travel, or upon or within the right-of-way of any road	598
or highway, for forty-eight hours or longer without notification	599
to the sheriff or chief of police of the reasons for leaving the	600
motor vehicle in such place, except that when such a motor vehicle	601
constitutes an obstruction to traffic it may be ordered into	602
storage immediately. The sheriff or chief of police shall	603
designate the place of storage of any motor vehicle so ordered	604
removed.	605

The sheriff or chief of police immediately shall cause a	606
search to be made of the records of the bureau of motor vehicles	607
to ascertain the owner and any lienholder of a motor vehicle	608
ordered into storage by the sheriff or chief of police, or by a	609
state highway patrol trooper, and, if known, shall send or cause	610
to be sent notice to the owner or lienholder at the owner's or	611
lienholder's last known address by certified mail with return	612
receipt requested, that the motor vehicle will be declared a	613
nuisance and disposed of if not claimed within ten days of the	614
date of mailing of the notice. The owner or lienholder of the	615
motor vehicle may reclaim it upon payment of any expenses or	616
charges incurred in its removal and storage, and presentation of	617
proof of ownership, which may be evidenced by a certificate of	618
title or memorandum certificate of title to the motor vehicle. If	619
the owner or lienholder of the motor vehicle reclaims it after a	620
search of the records of the bureau has been conducted and after	621
notice has been sent to the owner or lienholder as described in	622
this section, and the search was conducted by the owner of the	623
place of storage or the owner's employee, and the notice was sent	624
to the motor vehicle owner by the owner of the place of storage or	625
the owner's employee, the owner or lienholder shall pay to the	626
place of storage a processing fee of twenty-five dollars, in	627
addition to any expenses or charges incurred in the removal and	628
storage of the vehicle.	629

If the owner or lienholder makes no claim to the motor	630
vehicle within ten days of the date of mailing of the notice, and	631
if the vehicle is to be disposed of at public auction as provided	632
in section 4513.62 of the Revised Code, the sheriff or chief of	633
police, without charge to any party, shall file with the clerk of	634
courts of the county in which the place of storage is located an	635
affidavit showing compliance with the requirements of this	636
section. Upon presentation of the affidavit, the clerk, without	637
charge, shall issue a salvage certificate of title, free and clear	638
of all liens and encumbrances, to the sheriff or chief of police.	639
If the vehicle is to be disposed of to a motor vehicle salvage	640
dealer or other facility as provided in section 4513.62 of the	641
Revised Code, the sheriff or chief of police shall execute in	642
triplicate an affidavit, as prescribed by the registrar of motor	643
vehicles, describing the motor vehicle and the manner in which it	644
was disposed of, and that all requirements of this section have	645
been complied with. The sheriff or chief of police shall retain	646
the original of the affidavit for the sheriff's or chief's	647
records, and shall furnish two copies to the motor vehicle salvage	648
dealer or other facility. Upon presentation of a copy of the	649
affidavit by the motor vehicle salvage dealer, the clerk of	650
courts, within thirty days of the presentation, shall issue to	651
such owner a salvage certificate of title, free and clear of all	652
liens and encumbrances.	653

Whenever a motor vehicle salvage dealer or other facility	654
receives an affidavit for the disposal of a motor vehicle as	655
provided in this section, the dealer or facility shall not be	656
required to obtain an Ohio certificate of title to the motor	657
vehicle in the dealer's or facility's own name if the vehicle is	658
dismantled or destroyed and both copies of the affidavit are	659
delivered to the clerk of courts.	660

Sec. 5513.01. (A) All purchases of machinery, materials,	661
supplies, or other articles that the director of transportation	662
makes shall be in the manner provided in this section. In all	663
cases except those in which the director provides written	664
authorization for purchases by district deputy directors of	665
transportation, all such purchases shall be made at the central	666
office of the department of transportation in Columbus. Before	667
making any purchase at that office, the director, as provided in	668
this section, shall give notice to bidders of the director's	669
intention to purchase. Where the expenditure does not exceed the	670
amount applicable to the purchase of supplies specified in	671
division (B) of section 125.05 of the Revised Code, as adjusted	672
pursuant to division (D) of that section, the director shall give	673
such notice as the director considers proper, or the director may	674
make the purchase without notice. Where the expenditure exceeds	675
the amount applicable to the purchase of supplies specified in	676
division (B) of section 125.05 of the Revised Code, as adjusted	677
pursuant to division (D) of that section, the director shall give	678
notice by posting for not less than ten days a written, typed, or	679
printed invitation to bidders on a bulletin board, which shall be	680
located in a place in the offices assigned to the department and	681
open to the public during business hours. Producers or	682
distributors of any product may notify the director, in writing,	683
of the class of articles for the furnishing of which they desire	684
to bid and their post-office addresses, in which case copies of	685
all invitations to bidders relating to the purchase of such	686
articles shall be mailed to such persons by the director by	687
regular first class mail at least ten days prior to the time fixed	688
for taking bids. The director also may mail copies of all	689
invitations to bidders to news agencies or other agencies or	690
organizations distributing information of this character. Requests	691
for invitations shall not be valid nor require action by the	692
director unless renewed, either annually or after such shorter	693
period as the director may prescribe by a general rule. The	694
invitation to bidders shall contain a brief statement of the	695
general character of the article that it is intended to purchase,	696
the approximate quantity desired, and a statement of the time and	697
place where bids will be received, and may relate to and describe	698
as many different articles as the director thinks proper, it being	699
the intent and purpose of this section to authorize the inclusion	700
in a single invitation of as many different articles as the	701
director desires to invite bids upon at any given time.	702
Invitations issued during each calendar year shall be given	703
consecutive numbers, and the number assigned to each invitation	704
shall appear on all copies thereof. In all cases where notice is	705
required by this section, sealed bids shall be taken, on forms	706
prescribed and furnished by the director, and modification of bids	707
after they have been opened shall not be permitted.	708

(B) The director may permit the Ohio turnpike commission, any	709
political subdivision, and any state university or college to	710
participate in contracts into which the director has entered for	711
the purchase of machinery, materials, supplies, or other articles.	712
The turnpike commission and any political subdivision or state	713
university or college desiring to participate in such purchase	714
contracts shall file with the director a certified copy of the	715
bylaws or rules of the turnpike commission or the ordinance or	716
resolution of the legislative authority, board of trustees, or	717
other governing board requesting authorization to participate in	718
such contracts and agreeing to be bound by such terms and	719
conditions as the director prescribes. Purchases made by the	720
turnpike commission, political subdivisions, or state universities	721
or colleges under this division are exempt from any competitive	722
bidding required by law for the purchase of machinery, materials,	723
supplies, or other articles.	724

725

(1) "Political subdivision" means any county, township,	726
municipal corporation, conservancy district, township park	727
district, park district created under Chapter 1545. of the Revised	728
Code, port authority, regional transit authority, regional airport	729
authority, regional water and sewer district, or county transit	730
board, or school district as defined in section 5513.04 of the	731
Revised Code.	732

(2) "State university or college" has the same meaning as in	733
division (A)(1) of section 3345.32 of the Revised Code.	734

(3) "Ohio turnpike commission" means the commission created	735
by section 5537.02 of the Revised Code.	736

Sec. 5577.043. (A) Notwithstanding the vehicle weight	737
provisions otherwise prescribed in this chapter, in any county	738
having a population of more than one hundred twenty-one thousand	739
but less than one hundred twenty-two thousand based on the federal	740
decennial census for calendar year 2000 the maximum overall gross	741
weight of a vehicle and load shall not exceed one hundred twenty	742
thousand pounds if the vehicle is being operated as follows:	743

(1) To or from an intermodal transportation facility	744
transferring freight between railroads and motor vehicles, for a	745
total trip distance of less than one mile;	746

(2) Over roads that are sufficient to bear the weight and	747
that are not part of the state highway system, except that the	748
vehicle may cross not more than one state highway in a single	749
trip.	750

(B) The road and bridge classifications made by a board of	751
county commissioners under section 5577.08 of the Revised Code	752
shall determine whether a road is sufficient to bear the weight	753
prescribed by division (A) of this section.	754

Section 2. That existing sections 4511.21, 4513.61, and	755
5513.01 of the Revised Code are hereby repealed.	756

Section 3. That Section 509.10 of Am. Sub. H.B. 1 of the	757
128th General Assembly be amended to read as follows:	758

Sec. 509.10. (A) There is hereby created the Budget Planning	759
and Management Commission, consisting of six members. The Speaker	760
of the House of Representatives shall appoint three members of the	761
House of Representatives, not more than two of whom shall be	762
members of the same political party, and the President of the	763
Senate shall appoint three members of the Senate, not more than	764
two of whom shall be members of the same political party. The	765
initial appointments shall be made not later than ninety days	766
after the effective date of this section. Vacancies shall be	767
filled in the manner provided for original appointments.	768

(B) The commission shall complete a study and make	769
recommendations that are designed to provide relief to the state	770
during the current difficult fiscal and economic period. In	771
developing the recommendations, the commission shall develop a	772
strategy for balancing the state budget for fiscal years 2012 and	773
2013.	774

(C) The commission shall appoint two of its members to serve	775
as co-chairpersons for the commission. One co-chairperson shall be	776
a member of the majority party of the House of Representatives,	777
and one co-chairperson shall be a member of the majority party of	778
the Senate. Commission meetings shall take place at the call of	779
the co-chairpersons of the commission. The commission shall	780
conduct meetings during the period of July 1, 2009, through	781
November 30, 2010, and shall meet at least six times during the	782
period of July 1, 2010, through November 30, 2010.	783

(D) Not later than November 30, 2010, the commission shall	784
submit a written report of its recommendations to the Speaker of	785
the House of Representatives, the President of the Senate, and the	786
Governor. The commission ceases to exist upon submission of its	787
report.	788

(E) The Legislative Service Commission shall provide	789
technical, professional, and clerical support necessary for the	790
Budget Planning and Management Commission to perform its duties.	791

Section 4. That existing Section 509.10 of Am. Sub. H.B. 1 of	792
the 128th General Assembly is hereby repealed.	793

Section 5. This act is hereby declared to be an emergency	794
measure necessary for the immediate preservation of the public	795
peace, health, and safety. The reason for such necessity is to	796
establish recommendations for providing relief to the state during	797
a difficult fiscal and economic period and to develop a strategy	798
for fulfilling the constitutional mandate of balancing the state	799
budget. Therefore, this act shall go into immediate effect.	800