To amend sections 125.11, 4301.62, 4511.762, 5513.07, and 5515.07 and to enact section 5501.451 of the Revised Code to correct an inadvertent omission from Sub. H.B. 210 of the 122nd General Assembly, as it was reported by the Senate Highways & Transportation Committee, of certain amendments adopted by the Committee but not included in the bill when it was assembled for the Committee report, including a requirement for the district deputy directors of the Department of Transportation to maintain a coffee break program, an exception to the prohibition against possession of an open container granted to an F liquor permit holder during an outdoor music festival, a requirement for the Department to continue a program to lease unneeded state property for billboards, an exclusion from the "Buy America" provisions of law for the purchase of rock salt by the Department of Transportation, and allowing a church bus to be painted yellow if it previously was registered as a school bus and meets other requirements, and to declare an emergency.

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

Sec. 125.11. (A) Subject to division (B) of this section, contracts required to be awarded pursuant to competitive sealed bidding, including such contracts awarded under section 125.081 of the Revised Code, shall be awarded to the lowest responsive and responsible bidder on each item in accordance with section 9.312 of the Revised Code. When the contract is for meat products as defined in section 918.01 of the Revised Code or poultry products as defined in section 918.21 of the Revised Code, only those bids received from vendors offering products from establishments on the current list of meat and poultry vendors established and maintained by the director of administrative services under section 125.17 of the Revised Code shall be eligible for acceptance. The department of administrative services may accept or reject any or all bids in whole or by items, except that when the contract is for services or supplies available from a qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 of the Revised Code, the contract shall be awarded to that agency.

(B) Prior to awarding a contract under division (A) of this section, the department of administrative services or the state agency responsible for evaluating a contract for the purchase of goods shall evaluate the bids received according to the criteria and procedures established pursuant to divisions (C)(1) and (2) of section 125.09 of the Revised Code for determining if a product is produced or mined in the United States and if a product is produced or mined in Ohio. The department or other agency shall first remove bids that offer supplies that have not been or that will not be produced or mined in the United States. From among the remaining bids, the department shall select the lowest responsive and responsible bid, in accordance with section 9.312 of the Revised Code, from among the bids that offer goods that have been produced or mined in Ohio where sufficient competition can be generated within Ohio to ensure that compliance with these requirements will not result in an excessive price for the product or acquiring a disproportionately inferior product. If there are two or more qualified bids that offer goods which have been produced or mined in Ohio, it shall be deemed that there is sufficient competition to prevent an excessive price for the product or the acquiring of a disproportionately inferior product.

(C) Division (B) of this section applies to contracts for which competitive bidding is waived by the controlling board.

(D) Division (B) of this section does not apply to the EITHER OF THE FOLLOWING:

(1) THE purchase by the division of liquor control of spirituous liquor;

(2) THE PURCHASE BY THE DEPARTMENT OF TRANSPORTATION OF ROCK SALT.

(E) The director of administrative services shall publish in the form of a model act for use by counties, townships, and municipal corporations, or any other political subdivision described in division (B) of section 125.04 of the Revised Code, a system of preferences for products mined and produced in Ohio and in the United States and for Ohio-based contractors. The model act shall reflect substantial equivalence to the system of preferences in purchasing and public improvement contracting procedures under which the state operates pursuant to this chapter and section 153.012 of the Revised Code. To the maximum extent possible, consistent with the Ohio system of preferences in purchasing and public improvement contracting procedures, the model act shall incorporate all of the requirements of the federal "Buy America Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and the rules adopted thereunder.

Prior to and during the development and promulgation of the model act, the director shall consult with appropriate statewide organizations representing counties, townships, and municipal corporations so as to identify the special requirements and concerns these political subdivisions have in their purchasing and public improvement contracting procedures. The director shall promulgate the model act by rule adopted pursuant to Chapter 119. of the Revised Code and shall revise the act as necessary to reflect changes in this chapter or section 153.012 of the Revised Code.

The director shall make available copies of the model act, supporting information, and technical assistance to any township, county, or municipal corporation wishing to incorporate the provisions of the act into its purchasing or public improvement contracting procedure.

Sec. 4301.62. (A) As used in this section:

(1) "Chauffered CHAUFFEURED limousine" means a vehicle registered under section 4503.24 of the Revised Code.

(2) "Street," "highway," and "motor vehicle" have the same meanings as in section 4511.01 of the Revised Code.

(B) No person shall have in his THE PERSON'S possession an opened container of beer or intoxicating liquor in any of the following circumstances:

(1) In a state liquor store;

(2) On EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, ON the premises of the holder of any permit issued by the division of liquor control;

(3) In any other public place;

(4) Except as provided in division (D) of this section, while operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;

(5) Except as provided in division (D) of this section, while being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.

(C) This section does not apply to A PERSON MAY HAVE IN THE PERSON'S POSSESSION AN OPENED CONTAINER OF beer or intoxicating liquor which THAT has been lawfully purchased for consumption on the premises where bought of a holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-7, E, F, or F-2 permit, or to beer or intoxicating liquor consumed on the premises of a convention facility as provided in section 4303.201 of the Revised Code.

A PERSON MAY HAVE IN THE PERSON'S POSSESSION ON AN F LIQUOR PERMIT PREMISES AN OPENED CONTAINER OF BEER OR INTOXICATING LIQUOR THAT WAS NOT PURCHASED FROM THE HOLDER OF THE F PERMIT IF THE PREMISES FOR WHICH THE F PERMIT IS ISSUED IS A MUSIC FESTIVAL AND THE HOLDER OF THE F PERMIT GRANTS PERMISSION FOR SUCH POSSESSION ON THE PREMISES DURING THE PERIOD FOR WHICH THE F PERMIT IS ISSUED. AS USED IN THIS DIVISION, "MUSIC FESTIVAL" MEANS A SERIES OF OUTDOOR LIVE MUSICAL PERFORMANCES, EXTENDING FOR A PERIOD OF AT LEAST THREE CONSECUTIVE DAYS AND LOCATED ON AN AREA OF LAND OF AT LEAST FORTY ACRES.

(D) This section does not apply to a person who pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract, or the guest of such a person, when all of the following apply:

(1) The person or guest is a passenger in the limousine;

(2) The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located;

(3) The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.

Sec. 4511.762. No (A) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, NO person who is the owner of a BUS THAT PREVIOUSLY WAS REGISTERED AS A school bus which THAT is used or is to be used exclusively for purposes other than the transportation of children, shall operate such THE bus or permit it to be operated within this state unless such THE bus has been painted a color different from that prescribed for school busses BUSES by section 4511.77 of the Revised Code and painted in such a way that the letters WORDS "stop" and "school bus" are obliterated.

(B) ANY CHURCH BUS THAT PREVIOUSLY WAS REGISTERED AS A SCHOOL BUS AND IS REGISTERED UNDER SECTION 4503.07 OF THE REVISED CODE MAY RETAIN THE PAINT COLOR PRESCRIBED FOR SCHOOL BUSES BY SECTION 4511.77 OF THE REVISED CODE IF THE BUS COMPLIES WITH ALL OF THE FOLLOWING:

(1) THE WORDS "SCHOOL BUS" REQUIRED BY SECTION 4511.77 OF THE REVISED CODE ARE COVERED OR OBLITERATED AND THE BUS IS MARKED ON THE FRONT AND REAR WITH THE WORDS "CHURCH BUS" PAINTED IN BLACK LETTERING NOT LESS THAN TEN INCHES IN HEIGHT;

(2) THE AUTOMATICALLY EXTENDED STOP WARNING SIGN REQUIRED BY SECTION 4511.75 OF THE REVISED CODE IS REMOVED AND THE WORD "STOP" REQUIRED BY SECTION 4511.77 OF THE REVISED CODE IS COVERED OR OBLITERATED;

(3) THE FLASHING RED AND AMBER LIGHTS REQUIRED BY SECTION 4511.771 OF THE REVISED CODE ARE COVERED OR REMOVED;

(4) THE INSPECTION DECAL REQUIRED BY SECTION 4511.761 OF THE REVISED CODE IS COVERED OR REMOVED;

(5) THE IDENTIFICATION NUMBER ASSIGNED UNDER SECTION 4511.764 OF THE REVISED CODE AND MARKED IN BLACK LETTERING ON THE FRONT AND REAR OF THE BUS IS COVERED AND REMOVED.

Sec. 5501.451. IN ACCORDANCE WITH SECTION 5501.45 OF THE REVISED CODE, THE DIRECTOR OF TRANSPORTATION SHALL IMPLEMENT A PROGRAM ALLOWING, BY LEASE OR PERMIT, THE USE OF LANDS OWNED BY THE STATE AND ACQUIRED OR USED FOR THE STATE HIGHWAY SYSTEM OR FOR HIGHWAYS OR IN CONNECTION WITH HIGHWAYS OR AS INCIDENTAL TO THE ACQUISITION OF LAND FOR HIGHWAYS BY PERSONS ERECTING ADVERTISING DEVICES ON THE PROPERTY. THE PROGRAM SHALL BE OPERATED IN ACCORDANCE WITH GUIDELINES IN EFFECT ON JANUARY 1, 1996.

NOTHING IN THIS SECTION SHALL PROHIBIT OR RESTRICT THE DIRECTOR FROM DETERMINING THAT PROPERTY ON WHICH AN ADVERTISING DEVICE IS LOCATED HAS BECOME NECESSARY FOR STATE HIGHWAY OR RECREATION PURPOSES AND TERMINATING A LEASE OR PERMIT. NOTHING IN THIS SECTION SHALL REQUIRE THE DIRECTOR TO MAINTAIN A LEASE OR PERMIT AT A SPECIFIC LOCATION OR PROHIBIT THE DIRECTOR FROM MODIFYING THE TERMS OF A SPECIFIC LEASE OR PERMIT.

AS USED IN THIS SECTION "ADVERTISING DEVICE" HAS THE SAME MEANING AS IN SECTION 5516.01 OF THE REVISED CODE.

Sec. 5513.07. (A) The director of transportation shall adopt a policy for use by the department of transportation in giving preference to United States products. The policy shall include criteria and procedures for determining that a product is produced or mined in the United States and shall address information to be submitted by bidders as to the nature of the product and the location where it is produced or mined. The policy may include waivers and such other requirements or procedures reasonably necessary to implement the system of preferences established pursuant to this section. In adopting the policy, the director shall consider, and to the extent possible and appropriate, shall conform to the requirements of the federal "Buy America Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a-10d, as amended, and to the regulations adopted thereunder.

(B) Prior to awarding a contract under section 5513.02 of the Revised Code, the director shall evaluate the bids received to determine if a product is produced or mined in the United States. The director shall first reject bids that offer products that have not been or that will not be produced or mined in the United States, provided that the director is not required to reject such bids if the rejection would result in an excessive price for the product or in acquiring a disproportionately inferior product. When the system of preferences is in effect, no person with responsibility for awarding contracts for the department shall do so in violation of the preference system.

(C) DIVISIONS (A) AND (B) OF THIS SECTION DO NOT APPLY TO THE PURCHASE OF ROCK SALT BY THE DEPARTMENT.

Sec. 5515.07. (A) The director of transportation, in accordance with Chapter 119. of the Revised Code, shall adopt rules consistent with the safety of the traveling public and consistent with the national policy to govern the use and control of rest areas within the limits of the right-of-way of interstate highways and other state highways and in other areas within the limits of the right-of-way of interstate highways.

(B) Except as provided in division (C) of this section, no person shall engage in selling or offering for sale or exhibiting for purposes of sale, goods, products, merchandise, or services within the bounds of rest areas within the limits of the right-of-way of interstate highways and other state highways, or in other areas within the limits of the right-of-way of interstate highways, unless the director issues a permit in accordance with section 5515.01 of the Revised Code. NOTWITHSTANDING ANY RULES ADOPTED BY THE DIRECTOR TO THE CONTRARY OR ANY OTHER POLICY CHANGES PROPOSED BY THE DIRECTOR, EACH DISTRICT DEPUTY DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION SHALL CONTINUE TO IMPLEMENT ANY PROGRAM ALLOWING ORGANIZATIONS TO DISPENSE FREE COFFEE OR SIMILAR ITEMS AFTER OBTAINING A PERMIT THAT OPERATED WITHIN THE DISTRICT PRIOR TO JANUARY 1, 1997. EACH DISTRICT DEPUTY DIRECTOR SHALL OPERATE SUCH PROGRAM WITHIN THE DISTRICT IN THE SAME MANNER AS THE PROGRAM WAS OPERATED PRIOR TO THAT DATE.

(C) In accordance with rules adopted under division (A) of this section, the director may cause vending machines to be placed within each rest area that is able to accommodate the machines. The vending machines shall dispense food, drink, and other appropriate articles.

(D) This section does not apply to the sale of goods, products, merchandise, or services required for the emergency repair of motor vehicles or emergency medical treatment.