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As Reported by House Transportation and Public Safety Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 484 |
REPRESENTATIVES BUEHRER-ALLEN-BARRETT-CATES-DAMSCHRODER-EVANS-
FLANNERY-GOODMAN-HOOPS-JACOBSON-TAYLOR-WILLIAMS-CLANCY
A BILL
To amend sections 4511.01, 4513.03, 4513.27, 4519.40, 5733.98, and
5747.98 and to enact sections
4513.111, 5733.44, and 5747.38 of the
Revised Code to require, effective one year after the effective date of this
act,
all multi-wheel agricultural tractors operated or
traveling on a street or highway at night and certain other
times to be equipped with specified lamps and
reflectors that indicate the extreme left and right projections of the
tractors,
to grant tax credits to farms and farmers up to $1,000
for the cost of equipping existing multi-wheel agricultural tractors
with the required lights and reflectors, and to
require vehicles operated on the public streets from sunset to
sunrise to display lighted lights and illuminating devices, rather
than from one-half hour after sunset to one-half hour before
sunrise as specified in current law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.01, 4513.03, 4513.27, 4519.40, 5733.98, and
5747.98 be amended and
sections 4513.111, 5733.44, and 5747.38
of the Revised Code be enacted to read as follows:
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code:
(A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except motorized
wheelchairs, devices moved by power collected from overhead
electric trolley wires, or used exclusively upon stationary rails
or tracks, and devices other than bicycles moved by human power.
(B) "Motor vehicle" means every vehicle propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires, except motorized bicycles, road
rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or
employed in general highway transportation, hole-digging
machinery, well-drilling machinery, ditch-digging machinery, farm
machinery, trailers used to transport agricultural produce or
agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed of twenty-five miles per hour or less,
threshing machinery, hay-baling machinery, agricultural tractors
and machinery used in the production of horticultural,
floricultural, agricultural, and vegetable products, and trailers
designed and used exclusively to transport a boat between a place
of storage and a marina, or in and around a marina, when drawn or
towed on a street or highway for a distance of no more than ten
miles and at a speed of twenty-five miles per hour or less.
(C) "Motorcycle" means every motor vehicle, other than a
tractor, having a saddle for the use of the operator and designed
to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," or "motorcycle" without
regard to weight or brake horsepower.
(D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer.
(E) "Public safety vehicle" means any of the following:
(1) Ambulances, including private ambulance companies
under contract to a municipal corporation, township, or county,
and private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code;
(2) Motor vehicles used by public law enforcement officers
or other persons sworn to enforce the criminal and traffic laws
of the state;
(3) Any motor vehicle when properly identified as required
by the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or
directives of that service. The state fire marshal shall be
designated by the director of public safety as the certifying
agency for all public safety vehicles described in division
(E)(3) of this section.
(4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding
to emergency
calls in the fire department service when identified as required
by the director of public safety.
Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital.
(5) Vehicles used by the commercial motor vehicle safety
enforcement unit for the enforcement of orders and rules of the public
utilities commission as specified in section 5503.34 of the Revised Code.
(F) "School bus" means every bus designed for carrying
more than nine passengers which THAT is owned by a public,
private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a
common passenger carrier certified by the public utilities
commission unless such bus is devoted exclusively to the
transportation of children to and from a school session or a
school function, and "school bus" does not include a van or bus
used by a licensed child day-care center or type A family
day-care home to transport children from the child day-care
center or type A family day-care home to a school if the van or
bus does not have more than fifteen children in the van or bus at
any time.
(G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having
either two tandem wheels, or one wheel in the front and two
wheels in the rear, any of which is more than fourteen inches in
diameter.
(H) "Motorized bicycle" means any vehicle having either
two tandem wheels or one wheel in the front and two wheels in the
rear, that is capable of being pedaled and is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement which THAT produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of no greater
than twenty miles per hour on a level surface.
(I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads
independently of such other vehicles, and used principally for
agricultural purposes.
(K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a
taxicab or motor vehicle used in a ridesharing arrangement,
designed and used for the transportation of persons for
compensation.
(M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural produce
or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour.
(N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle.
(O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally,
of sustaining themselves as beams between the supporting
connections.
(P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private
right-of-way.
(Q) "Railroad train" means a steam engine or an electric
or other motor, with or without cars coupled thereto, operated by
a railroad.
(R) "Streetcar" means a car, other than a railroad train,
for transporting persons or property, operated upon rails
principally within a street or highway.
(S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks.
(T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an
explosion that contains any oxidizing and combustible units or
other ingredients in such proportions, quantities, or packing
that an ignition by fire, by friction, by concussion, by
percussion, or by a detonator of any part of the compound or
mixture may cause such a sudden generation of highly heated gases
that the resultant gaseous pressures are capable of producing
destructive effects on contiguous objects, or of destroying life
or limb. Manufactured articles shall not be held to be
explosives when the individual units contain explosives in such
limited quantities, of such nature, or in such packing, that it
is impossible to procure a simultaneous or a destructive
explosion of such units, to the injury of life, limb, or property
by fire, by friction, by concussion, by percussion, or by a
detonator, such as fixed ammunition for small arms, firecrackers,
or safety fuse matches.
(U) "Flammable liquid" means any liquid which THAT has a flash
point of seventy degrees Fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device.
(V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W) "Person" means every natural person, firm,
co-partnership, association, or corporation.
(X) "Pedestrian" means any natural person afoot.
(Y) "Driver or operator" means every person who drives or
is in actual physical control of a vehicle, trackless trolley, or
streetcar.
(Z) "Police officer" means every officer authorized to
direct or regulate traffic, or to make arrests for violations of
traffic regulations.
(AA) "Local authorities" means every county, municipal,
and other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB) "Street" or "highway" means the entire width between
the boundary lines of every way open to the use of the public as
a thoroughfare for purposes of vehicular travel.
(CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway.
(DD) "Private road or driveway" means every way or place
in private ownership used for vehicular travel by the owner and
those having express or implied permission from the owner but not
by other persons.
(EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the
berm or shoulder. If a highway includes two or more separate
roadways the term "roadway" means any such roadway separately but
not all such roadways collectively.
(FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians.
(GG) "Laned highway" means a highway the roadway of which
is divided into two or more clearly marked lanes for vehicular
traffic.
(HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code.
(II) "State highway" means a highway under the
jurisdiction of the department of transportation, outside the
limits of municipal corporations, provided that the authority
conferred upon the director of transportation in section 5511.01
of the Revised Code to erect state highway route markers and
signs directing traffic shall not be modified by sections 4511.01
to 4511.79 and 4511.99 of the Revised Code.
(JJ) "State route" means every highway which THAT is designated
with an official state route number and so marked.
(KK) "Intersection" means:
(1) The area embraced within the prolongation or
connection of the lateral curb lines, or, if none, then the
lateral boundary lines of the roadways of two highways which join
one another at, or approximately at, right angles, or the area
within which vehicles traveling upon different highways joining
at any other angle may come in conflict.
(2) Where a highway includes two roadways thirty feet or
more apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a
separate intersection. If an intersecting highway also includes
two roadways thirty feet or more apart, then every crossing of
two roadways of such highways shall be regarded as a separate
intersection.
(3) The junction of an alley with a street or highway, or
with another alley, shall not constitute an intersection.
(LL) "Crosswalk" means:
(1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of
the traversable roadway;
(2) Any portion of a roadway at an intersection or
elsewhere, distinctly indicated for pedestrian crossing by lines
or other markings on the surface;
(3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing.
(MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times.
(NN) "Business district" means the territory fronting upon
a street or highway, including the street or highway, between
successive intersections within municipal corporations where
fifty per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character
of such territory is indicated by official traffic control
devices.
(OO) "Residence district" means the territory, not
comprising a business district, fronting on a street or highway,
including the street or highway, where, for a distance of three
hundred feet or more, the frontage is improved with residences or
residences and buildings in use for business.
(PP) "Urban district" means the territory contiguous to
and including any street or highway which is built up with
structures devoted to business, industry, or dwelling houses
situated at intervals of less than one hundred feet for a
distance of a quarter of a mile or more, and the character of
such territory is indicated by official traffic control devices.
(QQ) "Traffic control devices" means all flaggers, signs,
signals, markings, and devices placed or erected by authority of
a public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic, including signs denoting
names of streets and highways.
(RR) "Traffic control signal" means any device, whether
manually, electrically, or mechanically operated, by which
traffic is alternately directed to stop, to proceed, to change
direction, or not to change direction.
(SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(TT) "Traffic" means pedestrians, ridden or herded
animals, vehicles, streetcars, trackless trolleys, and other
devices, either singly or together, while using any highway for
purposes of travel.
(UU) "Right-of-way" means either of the following, as the
context requires:
(1) The right of a vehicle, streetcar, trackless trolley,
or pedestrian to proceed uninterruptedly in a lawful manner in
the direction in which it or the individual is moving in
preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
individual's path;
(2) A general term denoting land, property, or the
interest therein, usually in the configuration of a strip,
acquired for or devoted to transportation purposes. When used in
this context, right-of-way includes the roadway, shoulders or
berm, ditch, and slopes extending to the right-of-way limits
under the control of the state or local authority.
(VV) "Rural mail delivery vehicle" means every vehicle
used to deliver United States mail on a rural mail delivery
route.
(WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession.
(XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts and not intended for the purpose of through vehicular
traffic, and includes any street or highway that has been
declared an "alley" by the legislative authority of the municipal
corporation in which such street or highway is located.
(YY) "Freeway" means a divided multi-lane highway for
through traffic with all crossroads separated in grade and with
full control of access.
(ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade.
(AAA) "Thruway" means a through highway whose entire
roadway is reserved for through traffic and on which roadway
parking is prohibited.
(BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected.
(CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways.
(DDD) "Ridesharing arrangement" means the transportation
of persons in a motor vehicle where such transportation is
incidental to another purpose of a volunteer driver and includes
ridesharing arrangements known as carpools, vanpools, and
buspools.
(EEE) "Motorized wheelchair" means any self-propelled
vehicle designed for, and used by, a handicapped person and that
is incapable of a speed in excess of eight miles per hour.
(FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
Code.
(GGG) "MULTI-WHEEL AGRICULTURAL TRACTOR" MEANS
A TYPE OF AGRICULTURAL TRACTOR THAT HAS TWO OR MORE WHEELS OR TIRES ON EACH
SIDE OF
ONE AXLE
AT THE REAR OF THE TRACTOR, IS
DESIGNED OR USED FOR DRAWING OTHER VEHICLES OR WHEELED MACHINERY,
HAS NO PROVISION FOR CARRYING LOADS INDEPENDENTLY OF
THE DRAWN VEHICLES OR MACHINERY, AND IS USED PRINCIPALLY FOR AGRICULTURAL
PURPOSES.
Sec. 4513.03. Every vehicle upon a street or highway
within this state during the time from one-half hour after sunset
to one-half hour before sunrise, and at any other time when there
are unfavorable atmospheric conditions or when there is not
sufficient natural light to render discernible persons, vehicles,
and substantial objects on the highway at a distance of one
thousand feet ahead, shall display lighted lights and
illuminating devices as required by sections 4513.04 to 4513.37
of the Revised Code, for different classes of vehicles; except
that every motorized bicycle shall display at such times lighted
lights meeting the rules adopted by the director of public safety
under section 4511.521 of the Revised Code. No motor vehicle,
during such times, shall be operated upon a street or highway
within this state using only parking lights as illumination.
Whenever in such sections a requirement is declared as to
the distance from which certain lamps and devices shall render
objects visible, or within which such lamps or devices shall be
visible, such distance shall be measured upon a straight level
unlighted highway under normal atmospheric conditions unless a
different condition is expressly stated.
Whenever in such sections a requirement is declared as to
the mounted height of lights or devices, it shall mean from the
center of such light or device to the level ground upon which the
vehicle stands.
Sec. 4513.111. (A)(1) EVERY MULTI-WHEEL AGRICULTURAL TRACTOR
WHOSE MANUFACTURE COMPLETION DATE WAS PRIOR TO JANUARY 1, 2001,
WHEN BEING OPERATED OR
TRAVELING ON A STREET OR HIGHWAY AT THE TIMES SPECIFIED IN SECTION
4513.03 OF THE REVISED CODE, AT A MINIMUM SHALL BE EQUIPPED
WITH AND DISPLAY
REFLECTORS AND ILLUMINATED AMBER LAMPS
SO THAT THE EXTREME LEFT AND RIGHT PROJECTIONS OF THE TRACTOR ARE
INDICATED BY FLASHING LAMPS DISPLAYING AMBER LIGHT, VISIBLE TO THE FRONT AND
THE REAR, BY AMBER REFLECTORS, ALL VISIBLE
TO THE FRONT, AND BY
RED REFLECTORS, ALL VISIBLE TO THE
REAR.
(2) THE LAMPS DISPLAYING AMBER LIGHT NEED NOT FLASH SIMULTANEOUSLY AND
NEED NOT FLASH IN CONJUNCTION WITH ANY DIRECTIONAL SIGNALS OF THE TRACTOR.
(3) THE LAMPS AND REFLECTORS REQUIRED BY DIVISION (A)(1) OF
THIS
SECTION AND THEIR PLACEMENT SHALL MEET STANDARDS AND
SPECIFICATIONS CONTAINED IN RULES ADOPTED BY THE DIRECTOR OF
PUBLIC SAFETY IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED
CODE. THE RULES GOVERNING THE AMBER LAMPS AND THEIR PLACEMENT SHALL
CORRELATE WITH AND, AS FAR AS POSSIBLE,
CONFORM WITH
STANDARD 4.1.4.1 OF THE AMERICAN SOCIETY OF AGRICULTURAL
ENGINEERS
AS THAT STANDARD EXISTED ON
THE EFFECTIVE DATE OF THIS SECTION. THE RULES GOVERNING THE AMBER AND RED
REFLECTORS AND THEIR PLACEMENT
SHALL CORRELATE WITH AND, AS FAR AS POSSIBLE, CONFORM WITH STANDARDS
4.1.7.1 AND 4.1.7.2 OF THE AMERICAN SOCIETY OF AGRICULTURAL
ENGINEERS AS THOSE STANDARDS EXISTED ON THE EFFECTIVE DATE OF THIS
SECTION.
(B) EVERY UNIT OF FARM MACHINERY
WHOSE MANUFACTURE COMPLETION DATE WAS
ON OR AFTER JANUARY 1, 2001, WHEN BEING OPERATED
OR TRAVELING ON A STREET OR HIGHWAY AT THE TIMES SPECIFIED IN
SECTION 4513.03 OF THE REVISED CODE, SHALL BE EQUIPPED WITH
AND
DISPLAY REFLECTORS AND ILLUMINATED LAMPS THAT MEET OR EXCEED THE LIGHTING,
ILLUMINATION, AND REFLECTOR STANDARDS AND SPECIFICATIONS THAT ARE
APPLICABLE TO THAT TYPE OF FARM MACHINERY
FOR THE UNIT'S
YEAR OF MANUFACTURE AND THAT ARE ESTABLISHED BY THE
AMERICAN SOCIETY OF AGRICULTURAL ENGINEERS.
(C) THE LIGHTS AND REFLECTORS REQUIRED BY THIS SECTION ARE IN
ADDITION TO THE SLOW-MOVING VEHICLE EMBLEM AND LIGHTS REQUIRED OR
PERMITTED BY SECTION 4513.11 OR 4513.17 OF THE REVISED CODE
TO BE DISPLAYED ON FARM MACHINERY BEING OPERATED OR TRAVELING ON A STREET
OR HIGHWAY.
(D) NO PERSON SHALL OPERATE ANY UNIT OF FARM MACHINERY
ON A STREET
OR HIGHWAY OR CAUSE ANY UNIT OF FARM MACHINERY TO TRAVEL ON A STREET OR
HIGHWAY IN VIOLATION OF DIVISION (A) OR (B)
OF THIS SECTION.
Sec. 4513.27. (A) No person shall operate any motor
truck, trackless trolley, bus, or commercial tractor upon any
highway outside the corporate limits of municipalities at any
time from a half hour after sunset to a half hour before sunrise
unless there is carried in such vehicle and trackless trolley,
except as provided in division (B) of this section, the following
equipment which shall be of the types approved by the director of
transportation:
(1) At least three flares or three red reflectors or three
red electric lanterns, each of which is capable of being seen and
distinguished at a distance of five hundred feet under normal
atmospheric conditions at night time;
(2) At least three red-burning fusees, unless red
reflectors or red electric lanterns are carried;
(3) At least two red cloth flags, not less than twelve
inches square, with standards to support them;
(4) The type of red reflectors shall comply with such
standards and specifications in effect on September 16, 1963 or
later established by the interstate commerce commission and must
be certified as meeting such standards by underwriter's
laboratories.
(B) No person shall operate at the time and under the
conditions stated in this section any motor vehicle used in
transporting flammable liquids in bulk, or in transporting
compressed flammable gases, unless there is carried in such
vehicle three red electric lanterns or three red reflectors
meeting the requirements stated in division (A) of this section.
There shall not be carried in any such vehicle any flare, fusee,
or signal produced by a flame.
(C) This section does not apply to any person who operates
any motor vehicle in a work area designated by protection
equipment devices that are displayed and used in accordance with
the manual adopted by the department of transportation under
section 4511.09 of the Revised Code.
Sec. 4519.40. The applicable provisions of Chapters 4511.
and 4549. of the Revised Code shall be applied to the operation
of snowmobiles, off-highway motorcycles, and
all-purpose vehicles, except that no
snowmobile, off-highway motorcycle, or all-purpose
vehicle shall be operated as follows:
(A) On any limited access highway or freeway or the
right-of-way thereof, except for emergency travel only during
such time and in such manner as the director of public safety
shall designate;
(B) On any private property, or in any nursery or planting
area, without the permission of the owner or other person having
the right to possession of the property;
(C) On any land or waters controlled by the state, except
at those locations where a sign has been posted permitting such
operation;
(D) On the tracks or right-of-way of any operating
railroad;
(E) While transporting any firearm, bow, or other
implement for hunting, that is not unloaded and securely encased;
(F) For the purpose of chasing, pursuing, capturing, or
killing any animal or wildfowl;
(G) During the time from one-half hour after sunset to
one-half hour before sunrise, unless displaying lighted lights as
required by section 4519.20 of the Revised Code.
Sec. 5733.44. THERE IS HEREBY ALLOWED A NONREFUNDABLE
CREDIT AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED
CODE FOR A FARM THAT PURCHASES LIGHTS AND REFLECTORS FOR INSTALLATION
ON AGRICULTURAL TRACTORS TO
COMPLY WITH THE LIGHTING AND REFLECTOR REQUIREMENTS CONTAINED IN SECTION
4513.111 OF THE REVISED CODE. THE CREDIT SHALL EQUAL THE
LESSER OF ONE THOUSAND DOLLARS OR FIFTY PER CENT OF THE
SUM OF THE EXPENDITURES FOR THE LIGHTS AND REFLECTORS THAT ARE
MADE BY THE TAXPAYER DURING THE
PERIOD BEGINNING ON THE EFFECTIVE
DATE OF THIS SECTION AND ENDING ON THE DATE THAT IS ONE YEAR AFTER THE
EFFECTIVE DATE
OF THIS SECTION, AND SHALL BE CLAIMED FOR THE TAXABLE YEAR DURING WHICH THE
EXPENDITURES ARE MADE. THE CREDIT SHALL
BE CLAIMED IN THE ORDER PRESCRIBED BY SECTION 5733.98 OF THE
REVISED CODE. THE CREDIT SHALL
NOT EXCEED THE AMOUNT OF TAX OTHERWISE DUE UNDER SECTION 5733.06 OF THE
REVISED CODE AFTER DEDUCTING ANY OTHER CREDITS THAT PRECEDE
THE CREDIT CLAIMED UNDER THIS SECTION IN THAT ORDER.
IF THE TAXPAYER IS A DIRECT OR INDIRECT INVESTOR IN A
PASS-THROUGH ENTITY THAT HAS PURCHASED LIGHTS AND REFLECTORS TO COMPLY
WITH SECTION 4513.111 OF THE REVISED CODE, THE INVESTOR MAY
CLAIM
THE INVESTOR'S PROPORTIONATE OR DISTRIBUTIVE SHARE OF THE CREDIT ALLOWED
UNDER THIS SECTION.
Sec. 5733.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5733.06 of the Revised Code
that is due under this chapter, a taxpayer
shall claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised Code:
(1) The credit for taxes paid by a qualifying pass-through entity allowed
under section 5733.0611 of the Revised Code;
(2) The credit for qualifying affiliated groups under
section 5733.068 of the Revised Code;
(3) The subsidiary corporation credit under section
5733.067 of the Revised Code;
(4) The savings and loan assessment credit under section
5733.063 of the Revised Code;
(5) The credit for recycling and litter prevention
donations under section
5733.064 of the Revised Code;
(6) The credit for employers that enter into
agreements with child day-care centers under section 5733.36 of the
Revised Code;
(7) The credit for employers that reimburse employee child day-care
expenses under section 5733.38 of the Revised
Code;
(8) The credit for maintaining railroad active grade crossing warning
devices under section 5733.43 of the Revised Code;
(9) THE CREDIT FOR PURCHASES OF LIGHTS AND REFLECTORS UNDER SECTION
5733.44 OF THE REVISED CODE;
(10) The credit for manufacturing investments under section
5733.061 of the Revised Code;
(10)(11) The credit for purchases of new manufacturing
machinery and equipment under section 5733.31 or section 5733.311 of the
Revised Code;
(11)(12) The second credit for purchases of new
manufacturing machinery and equipment under
section 5733.33 of the Revised Code;
(12)(13) The job training credit under section 5733.42 of
the Revised
Code;
(13)(14) The credit for qualified research expenses under
section 5733.351 of
the Revised Code;
(14)(15) The enterprise zone credit under section 5709.66 of
the Revised Code;
(15)(16) The credit for the eligible costs associated with a
voluntary action under section 5733.34
of the Revised Code;
(16)(17) The credit for employers that establish on-site
child day-care under section 5733.37 of the Revised
Code;
(17)(18) The credit for purchases of qualifying grape
production property under section 5733.32 of the Revised Code;
(18)(19) The export sales credit under section 5733.069 of
the Revised Code;
(19)(20) The credit for research and development and
technology transfer investors under section 5733.35 of the Revised Code;
(20)(21) The enterprise zone credits under section 5709.65
of the Revised Code;
(21)(22) The credit for using Ohio coal under section 5733.39
of the
Revised Code;
(19)(23) The refundable jobs creation credit under section
5733.0610 of the Revised Code.
(B) For any credit except the refundable jobs creation
credit, the amount of the credit for a tax year shall not exceed
the tax due after allowing for any other credit that precedes it
in the order required under this section. Any excess amount of a
particular credit may be carried forward if authorized under the
section creating that credit.
Sec. 5747.38. THERE IS HEREBY ALLOWED A NONREFUNDABLE
CREDIT AGAINST THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED
CODE FOR A TAXPAYER THAT PURCHASES LIGHTS AND REFLECTORS FOR
INSTALLATION ON AGRICULTURAL TRACTORS
TO COMPLY WITH THE LIGHTING AND REFLECTOR REQUIREMENTS CONTAINED IN
SECTION 4513.111 OF THE REVISED CODE. THE CREDIT SHALL
EQUAL THE LESSER OF ONE THOUSAND DOLLARS OR FIFTY PER CENT OF THE SUM OF THE
EXPENDITURES FOR THE LIGHTS AND REFLECTORS THAT ARE MADE
BY THE TAXPAYER DURING THE
PERIOD BEGINNING ON THE EFFECTIVE
DATE OF THIS SECTION AND ENDING ON THE DATE THAT IS ONE YEAR AFTER THE
EFFECTIVE DATE
OF THIS SECTION, AND SHALL BE CLAIMED FOR THE TAXABLE YEAR DURING WHICH THE
EXPENDITURES ARE MADE. THE CREDIT SHALL
BE CLAIMED IN THE ORDER PRESCRIBED BY SECTION 5747.98 OF THE
REVISED CODE. THE CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX
OTHERWISE DUE UNDER SECTION 5747.02 OF THE REVISED CODE
AFTER
DEDUCTING ANY OTHER CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER THIS
SECTION IN THAT ORDER.
IF THE TAXPAYER IS A DIRECT OR INDIRECT INVESTOR IN A
PASS-THROUGH ENTITY THAT HAS PURCHASED LIGHTS AND REFLECTORS TO COMPLY
WITH SECTION 4513.111 OF THE REVISED CODE, THE INVESTOR MAY
CLAIM
THE INVESTOR'S PROPORTIONATE OR DISTRIBUTIVE SHARE OF THE CREDIT ALLOWED
UNDER THIS SECTION.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is
entitled in the following order:
(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of
section 5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of
the Revised Code;
(5) The lump sum retirement income credit under division
(C) of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division
(D) of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division
(E) of section 5747.055 of the Revised Code;
(8) The credit for displaced workers who pay for job
training under section 5747.27 of the Revised Code;
(9) The campaign contribution credit under section
5747.29
of
the Revised Code;
(10) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code;
(11) The joint filing credit under division (G) of
section 5747.05 of the Revised Code;
(12) The nonresident credit under division (A) of
section 5747.05 of the Revised Code;
(13) The credit for a resident's out-of-state income
under division (B) of section 5747.05 of the Revised Code;
(14) The credit for employers that enter
into agreements with child day-care centers under section 5747.34 of the
Revised Code;
(15) The credit for employers that reimburse employee
child day-care
expenses under section 5747.36 of the Revised Code;
(16) The credit for adoption of a minor child under section
5747.37 of the Revised Code;
(17) THE CREDIT FOR PURCHASES OF LIGHTS AND REFLECTORS UNDER SECTION
5747.38 OF THE REVISED CODE;
(18) The credit for manufacturing investments under
section 5747.051 of the Revised Code;
(18)(19) The credit for purchases of new manufacturing
machinery and equipment
under section 5747.26 or section 5747.261 of the Revised Code;
(19)(20) The second credit for purchases of new manufacturing
machinery and
equipment and the credit for using Ohio coal under section 5747.31 of the
Revised Code;
(20)(21) The enterprise zone credit under section 5709.66 of
the Revised Code;
(21)(22) The credit for the eligible costs associated with a
voluntary action
under section 5747.32 of the Revised Code;
(22)(23) The credit
for employers that establish on-site child day-care centers under section
5747.35 of the Revised Code;
(23)(24) The credit for purchases of qualifying grape
production property under section 5747.28 of the Revised Code;
(24)(25) The export sales credit under section 5747.057 of
the Revised Code;
(25)(26) The credit for research and development and
technology transfer investors under section 5747.33 of the Revised Code;
(26)(27) The enterprise zone credits under
section 5709.65 of the Revised Code;
(27)(28) The refundable jobs creation credit
under section 5747.058 of the Revised Code;
(28)(29) The refundable credit for taxes paid by a qualifying
entity granted under section 5747.059 of the Revised Code;
(29)(30) The refundable credits for taxes paid by a
qualifying
pass-through
entity granted under division (J) of section 5747.08 of the Revised Code.
(B) For any credit, except the refundable credits enumerated in
divisions
(A)(27), (28), and (29), AND (30) of this
section and the credit granted under division
(I) of section
5747.08 of the Revised Code, the amount of the credit
for a taxable year shall not
exceed the tax due after allowing for any other credit that
precedes it in the order required under this section. Any excess
amount of a particular credit may be carried forward if
authorized under the section creating that credit. Nothing in this chapter
shall be construed to allow a taxpayer to claim, directly or indirectly, a
credit more than once for a taxable year.
Section 2. That existing sections 4511.01, 4513.03, 4513.27, 4519.40, 5733.98,
and 5747.98 of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect
on the earliest date
permitted by law. However, the provisions of division (D) of
section 4513.111 of the Revised Code, as enacted by this act, first apply
one year after the effective date of this act.
Section 4. Section 5733.98 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 123rd General Assembly,
with the new language of neither of the acts shown in capital letters.
Section 5747.98 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 3 and Am. S.B. 4 of the 123rd General Assembly,
with the new language of neither of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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