As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 514


Representative Newbold 


A BILL
To amend section 5501.03 of the Revised Code to 1
authorize the Director of Transportation to enter 2
into an agreement or contract with any entity to 3
establish a traveler information program to 4
provide real-time traffic conditions and travel 5
time information at no cost to the traveler.6


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

       Section 1. That section 5501.03 of the Revised Code be 7
amended to read as follows:8

       Sec. 5501.03.  (A) The department of transportation shall:9

       (1) Exercise and perform such other duties, powers, and 10
functions as are conferred by law on the director, the department, 11
the assistant directors, the deputy directors, or on the divisions 12
of the department;13

       (2) Coordinate and develop, in cooperation with local, 14
regional, state, and federal planning agencies and authorities, 15
comprehensive and balanced state policy and planning to meet 16
present and future needs for adequate transportation facilities in 17
this state, including recommendations for adequate funding of the 18
implementation of such planning;19

       (3) Coordinate its activities with those of other appropriate 20
state departments, public agencies, and authorities, and enter 21
into any contracts with such departments, agencies, and 22
authorities as may be necessary to carry out its duties, powers, 23
and functions;24

       (4) Cooperate with and assist the public utilities commission 25
in the commission's administration of sections 4907.47 to 4907.476 26
of the Revised Code, particularly with respect to the federal 27
highway administration;28

       (5) Cooperate with and assist the Ohio power siting board in 29
the board's administration of Chapter 4906. of the Revised Code;30

        (6) Give particular consideration to the development of 31
policy and planning for public transportation facilities, and to 32
the coordination of associated activities relating thereto, as 33
prescribed under divisions (A)(2) and (3) of this section;34

       (7) Conduct, in cooperation with the Ohio legislative service 35
commission, any studies or comparisons of state traffic laws and 36
local traffic ordinances with model laws and ordinances that may 37
be required to meet program standards adopted by the United States 38
department of transportation pursuant to the "Highway Safety Act 39
of 1966," 80 Stat. 731, U.S.C.A. 401;40

       (8) Prepare, print, distribute, and advertise books, maps, 41
pamphlets, and other information that, in the judgment of the 42
director, will inform the public and other governmental 43
departments, agencies, and authorities as to the duties, powers, 44
and functions of the department;45

       (9) In its research and development program, consider 46
technologies for improving roadways, including construction 47
techniques and materials to prolong project life, being used or 48
developed by other states that have geographic, geologic, or 49
climatic features similar to this state's, and collaborate with 50
those states in that development.51

       (B) Nothing contained in division (A)(1) of this section 52
shall be held to in any manner affect, limit, restrict, or 53
otherwise interfere with the exercise of powers relating to 54
transportation facilities by appropriate agencies of the federal 55
government, or by counties, municipal corporations, or other 56
political subdivisions or special districts in this state 57
authorized by law to exercise such powers.58

       (C) The department may use all appropriate sources of revenue 59
to assist in the development and implementation of rail service as 60
defined by division (C) of section 4981.01 of the Revised Code.61

       (D) The director of transportation may enter into contracts 62
with public agencies including political subdivisions, other state 63
agencies, boards, commissions, regional transit authorities, 64
county transit boards, and port authorities, to administer the 65
design, qualification of bidders, competitive bid letting, 66
construction inspection, and acceptance of any projects 67
administered by the department, provided the administration of 68
such projects is performed in accordance with all applicable state 69
and federal laws and regulations with oversight by the department.70

       (E) The director may enter into cooperative or contractual 71
agreements with any individual, organization, or business related 72
to the creation or promotion of a traveler information program. 73
The traveler information program shall provide real-time traffic 74
conditions and travel time information to travelers by telephone, 75
text message, internet, or other similar means at no cost to the 76
traveler. The director may contract with a program manager for the 77
traveler information program. The program manager shall be 78
responsible for all costs associated with the development and 79
operation of the traveler information program. The compensation 80
due to a program manager or vendor under any of these agreements 81
may include deferred compensation in an amount determined by the 82
director. Excess revenue shall be remitted to the department for 83
deposit into the highway operating fund.84

       (F) Any materials or data submitted to, made available to, or 85
received by the director of transportation, to the extent that the 86
materials or data consist of trade secrets, as defined in section 87
1333.61 of the Revised Code, or commercial or financial 88
information, are confidential and are not public records for the 89
purposes of section 149.43 of the Revised Code.90

       Section 2.  That existing section 5501.03 of the Revised Code 91
is hereby repealed.92