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:

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.