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As Reported by the Senate Highways and Transportation Committee
122nd General Assembly
Regular Session
1997-1998 | Am. S. B. No. 85 |
SENATOR OELSLAGER
A BILL
To amend sections 4301.62, 4511.762, 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,
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:
Section 1. That sections 4301.62, 4511.762,
and 5515.07 be amended and section 5501.451 of the Revised Code
be enacted to read as follows:
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. 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.
Section 2. That existing sections 4301.62, 4511.762,
and 5515.07 of the Revised Code are hereby repealed.
Section 3. Section 4301.62 of the Revised Code is
amended by this act and also by Am. Sub. S.B. 162 of the 121st
General Assembly (effective July 1, 1997). The amendments of
Am. Sub. S.B. 162 are included in this act in lower case to
confirm the intention to retain them, but are not intended to be
effective until July 1, 1997.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is
that the complete restoration of the amendments that were
inadvertently omitted from Am. Sub. H.B. 210 of the 122nd
General Assembly requires the greatest possible coordination of
respective effective dates between the two bills, and to
recognize the intended emergency nature of Sub. H.B. 210.
Therefore, this act shall go into immediate effect.
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