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(123rd General Assembly)(Substitute House Bill Number 86)
AN ACT
To amend sections 4511.99, 4513.02, 5501.01, and 5525.011 and to enact section
4511.213 of the Revised Code
and to amend Section 16 of
Am. Sub. H.B. 163 of the 123rd General Assembly
to require the driver of a
motor vehicle,
upon approaching a stationary public safety vehicle that is
displaying its red or blue emergency light, to proceed with due
caution and, if possible and with due regard to the road, weather,
and traffic conditions, change lanes into a lane that is not
adjacent to that of the stationary public safety vehicle or, if it
is not possible to change lanes or if to do so would be unsafe,
proceed with due caution, reduce the speed of the motor vehicle,
and maintain a safe speed for the road, weather, and traffic
conditions;
to establish that a
person who owns 15 or more vehicles that are subject to regulation by the
Public Utilities Commission may not administer vehicle inspections of the
person's vehicle;
to specify
that the Department of Transportation road and highway contracts
are not subject to the general public improvements requirement for
separate bids for certain classes of work;
to extend until
August 1, 1999, the deadline for the task force studying the
Bureau of Motor Vehicles' existing method of random selection to
verify financial responsibility to complete its duties; and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 4511.99, 4513.02, 5501.01, and 5525.011 be amended
and section 4511.213 of the Revised
Code be enacted to read as
follows:
Sec. 4511.213. (A) The driver of a motor vehicle, upon
approaching a stationary
public safety vehicle that is displaying a flashing red light, flashing
combination red and white light, oscillating or rotating red light,
oscillating or rotating combination red and white light, flashing
blue light, flashing combination blue and white light, oscillating
or rotating blue light, or oscillating
or rotating combination blue and white light, shall do either of the
following: (1) If the driver of the motor vehicle is traveling on a highway
that consists of at least two lanes that carry traffic in the same
direction of travel as that of the driver's motor vehicle, the driver
shall proceed with due caution and, if possible and with due regard to
the road, weather, and traffic conditions, shall change lanes into a
lane that is not adjacent to that of the stationary public safety
vehicle. (2) If the driver is not traveling on a highway of a type described in
division (A)(1) of this section, or if the driver is traveling on a
highway of that type but it is not possible to change lanes or if to do so
would be
unsafe, the driver shall proceed with due caution, reduce the speed of the
motor vehicle,
and maintain a safe speed for the road, weather, and traffic
conditions. (B) This section does not relieve the driver of a public safety
vehicle from the duty to drive with due regard for the safety of all
persons and property upon the highway. (C) No person shall fail to drive a motor vehicle in compliance
with division (A)(1) or (2) of this section when so required by
division (A) of this section. (D) As used in this section, "public safety vehicle" has the same
meaning as in section 4511.01 of the Revised Code. Sec. 4511.99. (A) Whoever violates division (A) of
section 4511.19 of the Revised Code, in addition to the license
suspension or revocation provided in section 4507.16 of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section. (1) Except as otherwise provided in division (A)(2), (3), or (4) of this
section, the offender is guilty of a misdemeanor of the first degree and
the court shall sentence the offender to a term of imprisonment of
three consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. In addition, the court shall impose upon the
offender a fine of not less than two hundred and not more than
one thousand dollars. The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. The court also may suspend the
execution of any part of the mandatory three consecutive days of
imprisonment that it is required to impose by this division, if
the court places the offender on probation for part of the three
consecutive days; requires the offender to attend, for that part
of the three consecutive days, a drivers' intervention program
that is certified pursuant to section 3793.10 of the Revised
Code; and sentences the offender to a term of imprisonment equal
to the remainder of the three consecutive days that the offender
does not spend attending the drivers' intervention program. The
court may require the offender, as a condition of probation, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the offender's
progress in the programs. The court also may impose any other
conditions of probation on the offender that it considers
necessary. Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing the operation of a
motor vehicle while under the influence of alcohol, the dangers
of operating a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers alcohol
treatment fund or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation pursuant to division (N) of section
4511.191 of the Revised Code. The balance of the fine shall be
disbursed as otherwise provided by law. (2)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to one violation of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the first degree and,
except as provided in this division, the court shall sentence the
offender to a term of imprisonment of ten consecutive days and
may sentence the offender pursuant to section 2929.21 of the
Revised Code to a longer term of imprisonment. As an alternative
to the term of imprisonment required to be imposed by this
division, but subject to division (A)(8) of this section, the
court may impose upon the offender a sentence consisting of both
a term of imprisonment of five consecutive days and not less than
eighteen consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The five consecutive days of imprisonment and the
period of electronically monitored house arrest shall not exceed
six months. The five consecutive days of imprisonment do not
have to be served prior to or consecutively with the period of
electronically monitored house arrest. In addition, the court shall impose upon the offender a
fine of not less than three hundred and not more than one
thousand five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender. Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Sixty-five dollars of the fine imposed pursuant to
this division shall be paid to the political subdivision
responsible for housing the offender during the offender's
term of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate section 4511.19 of the Revised Code
or a substantially similar municipal ordinance and to pay for
ignition interlock devices and electronic house arrest equipment
for persons who violate that section, and shall be paid to the
credit of the fund that pays the cost of the incarceration.
Fifty dollars of the fine imposed pursuant to this division shall
be deposited into the county indigent drivers alcohol treatment
fund or municipal indigent drivers alcohol treatment fund under
the control of that court, as created by the county or municipal
corporation pursuant to division (N) of section 4511.191 of the
Revised Code. The balance of the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
penalties imposed under division (A)(2)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
ninety days of the vehicle the offender was operating at the time
of the offense and the impoundment for ninety days of the
identification license plates of that vehicle. The order for the
immobilization and impoundment shall be issued and enforced in
accordance with section 4503.233 of the Revised Code. (3)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse,
or a statute of the United States or of any other
state or a municipal ordinance of a municipal corporation located in any other
state that is substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, except as provided in this division, the court shall
sentence the offender to a term of imprisonment of thirty consecutive days and
may sentence the offender to a longer definite term of
imprisonment of not more than one year. As an alternative to the
term of imprisonment required to be imposed by this division, but
subject to division (A)(8) of this section, the court may impose
upon the offender a sentence consisting of both a term of
imprisonment of fifteen consecutive days and not less than
fifty-five consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The fifteen consecutive days of imprisonment and
the period of electronically monitored house arrest shall not
exceed one year. The fifteen consecutive days of imprisonment do
not have to be served prior to or consecutively with the period
of electronically monitored house arrest. In addition, the court shall impose upon the offender a
fine of not less than five hundred and not more than two thousand
five hundred dollars. In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable to pay the cost of attendance at the treatment
program, the court may order that payment of the cost of the
offender's attendance at the treatment program be made from that
court's indigent drivers alcohol treatment fund. Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education fund established by the legislative authority of the
law enforcement agency in this state that primarily was
responsible for the arrest of the offender, as determined by the
court that imposes the fine. This share shall be used by the
agency to pay only those costs it incurs in enforcing section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Two hundred twenty-seven dollars of the fine imposed
pursuant to this division shall be paid to the political
subdivision responsible for housing the offender during the
offender's term
of incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate division (A) of section 4511.19 of
the Revised Code or a substantially similar municipal ordinance
and to pay for ignition interlock devices and electronic house
arrest equipment for persons who violate that section and shall
be paid to the credit of the fund that pays the cost of
incarceration. The balance of the fine shall be disbursed as
otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
penalties imposed under division (A)(3)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
one hundred eighty days of the vehicle the offender was operating
at the time of the offense and the impoundment for one hundred
eighty days of the identification license plates of that vehicle.
The order for the immobilization and impoundment shall be issued
and enforced in accordance with section 4503.233 of the Revised
Code. (4)(a) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised Code
in a case in which the offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, or if the offender previously has
been convicted of or pleaded guilty to a violation of division (A) of section
4511.19 of the Revised Code under circumstances in which the violation was a
felony and regardless of when the violation and the conviction
or guilty plea occurred, the offender is guilty of a felony of
the fourth degree. The court shall sentence the offender in accordance
with sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration of sixty
consecutive days of imprisonment in accordance with division (G)(1)
of section 2929.13 of the Revised Code or a mandatory prison
term of sixty consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If the offender is
required to serve a mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 2929.17 of the
Revised Code, may impose upon the
offender a sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house arrest shall
not commence until after the offender has served the mandatory term of local
incarceration. In addition to all other sanctions imposed, the court shall impose upon
the offender, pursuant to section 2929.18 of the Revised Code, a
fine of not less than seven hundred fifty nor more than ten
thousand dollars. In addition to any other sanction that it imposes upon
the
offender, the court shall require the offender to attend
an alcohol
and drug addiction program authorized by section 3793.02 of the
Revised Code. The cost of the treatment shall be paid by the
offender. If the court determines that the offender is unable to
pay the cost of attendance at the treatment program, the
court may order that payment of the cost of the offender's
attendance at the treatment program be made from the court's
indigent drivers alcohol treatment fund. Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing operation of a motor
vehicle while under the influence of alcohol, the dangers of
operation of a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages. Three
hundred ninety dollars of the fine imposed pursuant to this
division shall be paid to the political subdivision responsible
for housing the offender during the offender's term of
incarceration. This
share shall be used by the political subdivision to pay or
reimburse incarceration costs it incurs in housing persons who
violate division (A) of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance and to pay for ignition
interlock devices and electronic house arrest equipment for
persons who violate that section, and shall be paid to the credit
of the fund that pays the cost of incarceration. The balance of
the fine shall be disbursed as otherwise provided by law. (b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal forfeiture
to the state of the vehicle the offender was operating at the
time of the offense. The order of criminal forfeiture shall be
issued and enforced in accordance with section 4503.234 of the
Revised Code. (c) As used in division (A)(4)(a) of
this section, "mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the Revised Code. If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division (C)(2)
or (3) of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may fine the
offender the value of the vehicle as determined by publications of the
national auto dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division (D)(4) of
section 4503.234 of the Revised Code. (5)(a) Except as provided in division (A)(5)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), or (4) of this section to continue the offender's
employment, the
court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, ten,
or thirty consecutive days of imprisonment or the
mandatory term of local incarceration of sixty consecutive days that the
court
is required by division (A)(1), (2), (3), or (4) of this section
to impose. No court shall authorize work release from
imprisonment during the three, ten, or thirty consecutive
days of imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty consecutive
days that the court is required by division
(A)(1), (2), (3), or (4) of this section to impose. The duration
of the work release shall not exceed the time necessary each day
for the offender to commute to and from the place of employment
and the place of imprisonment and the time actually spent under
employment. (b) An offender who is sentenced pursuant to division
(A)(2) or (3) of this section to a term of imprisonment followed
by a period of electronically monitored house arrest is not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. The duration of the work
release shall not exceed the time necessary each day for the
offender to commute to and from the place of employment and the
offender's home or other place specified by the sentencing court and the
time actually spent under employment. (6) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in lieu of imprisonment, or the use of a community control sanction for an
offender convicted of a felony, no court shall suspend the
ten or thirty consecutive days of imprisonment required to be imposed on an
offender by division (A)(2) or (3) of this section, no court shall place an
offender who is sentenced pursuant to division (A)(2), (3), or
(4) of this section in any treatment program in lieu of
imprisonment until after the offender has served the ten or thirty consecutive
days of imprisonment or the mandatory term of
local incarceration or mandatory prison term
of sixty consecutive days required to be imposed
pursuant to division (A)(2), (3), or (4) of this section, no court that
sentences an offender under division (A)(4) of this section shall
impose any sanction other than a mandatory term of local incarceration or
mandatory prison term to apply to the
offender until after the offender has served the mandatory term of local
incarceration or mandatory prison term of
sixty consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2) or (3) of this section shall suspend any portion
of the sentence or place the offender in any treatment program in
lieu of imprisonment or electronically monitored house arrest.
Notwithstanding any section of the Revised Code that authorizes
the suspension of the imposition or execution of a sentence or
the placement of an offender in any treatment program in lieu of
imprisonment, no court, except as specifically authorized by
division (A)(1) of this section, shall suspend the three
consecutive days of imprisonment required to be imposed by
division (A)(1) of this section or place an offender who is
sentenced pursuant to division (A)(1) of this section in any
treatment program in lieu of imprisonment until after the
offender has served the three consecutive days of imprisonment
required to be imposed pursuant to division (A)(1) of this
section. (7) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), or (4)
of this section unless the treatment program complies with the
minimum standards adopted pursuant to Chapter 3793. of the
Revised Code by the director of alcohol and drug addiction
services. (8) No court shall impose the alternative sentence of a
term of imprisonment of five consecutive days plus not less than
eighteen consecutive days of electronically monitored house
arrest permitted to be imposed by division (A)(2) of this
section, or the alternative sentence of a term of imprisonment of
fifteen consecutive days plus not less than fifty-five
consecutive days of electronically monitored house arrest
permitted to be imposed pursuant to division (A)(3) of this
section, unless within sixty days of the date of sentencing, the
court issues a written finding, entered into the record, that due
to the unavailability of space at the incarceration facility
where the offender is required to serve the term of imprisonment
imposed upon the offender, the offender will not be able to
commence
serving the term of imprisonment within the sixty-day period
following the date of sentencing. If the court issues such a
finding, the court may impose the alternative sentence comprised
of a term of imprisonment and a term of electronically monitored
house arrest permitted to be imposed by division (A)(2) or (3) of
this section. (B) Whoever violates section 4511.192, 4511.251, or
4511.85 of the Revised Code is guilty of a misdemeanor of the
first degree. The court, in addition to or independent of all
other penalties provided by law, may suspend for a period not to
exceed one year the driver's or commercial driver's license or
permit or nonresident operating privilege of any person who
pleads guilty to or is convicted of a violation of section
4511.192 of the Revised Code. (C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following: (1) Except as otherwise provided in division (C)(2) of
this section, a minor misdemeanor. (2) If the offender previously has been convicted of
or pleaded guilty to one or more violations of
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to
any of those sections, a
misdemeanor
of the fourth degree. (D)(1) Whoever violates any provision of sections 4511.01
to 4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following: (a) Except as otherwise provided in division
(D)(1)(b), (1)(c), (2), or (3), or (4) of this
section,
a minor misdemeanor; (b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one violation of any provision of
sections
4511.01 to 4511.76 or section 4511.84 of the Revised Code for
which no penalty otherwise is provided in this section or
a
municipal ordinance that is substantially similar to any
provision of sections 4511.01 to 4511.76 or section 4511.84 of
the Revised Code for which no penalty otherwise is provided in
this section, a
misdemeanor of the fourth
degree; (c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree. (2) When any person is found guilty of a first offense for
a violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five miles an
hour in a business district of a municipal corporation, or faster
than fifty miles an hour in other portions, or faster than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree. (3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all other penalties provided by law, shall impose a fine of two
times the usual amount imposed for the violation. No court shall
impose a fine of two times the usual amount imposed for the
violation upon an offender who alleges, in an affidavit filed
with the court prior to the offender's sentencing, that the offender is
indigent and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine. (4) Notwithstanding section 2929.21 of the Revised
Code, upon a
finding that a person operated a motor vehicle in violation of division
(C) of section
4511.213 of the Revised Code, the court, in
addition to all other penalties provided by law, shall impose a fine of
two times the usual amount imposed for the violation. (E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period
of time not exceeding three years, or revoke the license of any
person, partnership, association, or corporation, issued under
section 4511.763 of the Revised Code. (F) Whoever violates division (E) or (F) of section
4511.51, division (A), (D), or (E) of section 4511.521, section
4511.681, division (A), (C), or (F) of section 4511.69, section
4511.772, or division (A) or (B) of section 4511.82 of the
Revised Code is guilty of a minor misdemeanor. (G) Whoever violates division (A) of section 4511.75 of
the Revised Code may be fined an amount not to exceed five
hundred dollars. A person who is issued a citation for a
violation of division (A) of section 4511.75 of the Revised Code
is not permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge. (H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows: (a) Except as otherwise provided in division (H)(1)(b) of this section, the
offender is guilty of a
minor misdemeanor. (b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section 4511.81 of the
Revised Code or of a municipal
ordinance that is substantially similar to either of those
divisions, the offender is guilty of a misdemeanor of the fourth
degree. (2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in accordance
with the law
of the state of which the offender is a resident is guilty of
a minor
misdemeanor on a first offense; on a second or subsequent
offense, that person is guilty of a misdemeanor of the fourth
degree. (3) Sixty-five per cent of every fine imposed pursuant to
division (H)(1) or (2) of this section shall be forwarded to the
treasurer of state for deposit in the "child highway safety fund"
created by division (G) of section 4511.81 of the Revised Code.
The balance of the fine shall be disbursed as otherwise provided
by law. (I) Whoever violates section 4511.202 of the Revised Code
is guilty of operating a motor vehicle without being in control
of it, a minor misdemeanor. (J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree. (K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree. (L) Whoever violates division (H) of section 4511.69 of
the Revised Code shall be punished as follows: (1) Except as otherwise provided in
division (L)(2) of this section, the offender shall be
issued a warning. (2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be issued a
warning but shall be fined twenty-five dollars for each parking location
that is not
properly marked or whose markings are not properly maintained. (M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a misdemeanor of the second degree. (N)(1) Whoever violates division (B) of section 4511.19
of the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: (a) Except as otherwise provided in division
(N)(1)(b) of this section, the offender is guilty of
a
misdemeanor of the fourth degree. (b) If, within one year of the offense, the offender has
been convicted of or pleaded guilty to any violation of division
(A) or (B) of section 4511.19 of the Revised Code, a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, a municipal ordinance relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
offender was subject to the sanctions described in division (D)
of that section, section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the third degree. (2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified in, division (E) of section 4507.16 of the Revised
Code. (O) Whoever violates section 4511.62 of the Revised
Code is guilty of a misdemeanor of the fourth degree. Sec. 4513.02. (A) No person shall drive or move, or cause
or knowingly permit to be driven or moved, on any highway any
vehicle or combination of vehicles which is in such unsafe
condition as to endanger any person. (B) When directed by any state highway patrol trooper, the
operator of any motor vehicle shall stop and submit such motor
vehicle to an inspection under division (B)(1) or (2) of this
section, as appropriate, and such tests as are necessary. (1) Any motor vehicle not subject to inspection by the
public utilities commission shall be inspected and tested to
determine whether it is unsafe or not equipped as required by
law, or that its equipment is not in proper adjustment or repair,
or in violation of the equipment provisions of Chapter 4513. of
the Revised Code. Such inspection shall be made with respect to the brakes,
lights, turn signals, steering, horns and warning devices, glass,
mirrors, exhaust system, windshield wipers, tires, and such other
items of equipment as designated by the superintendent of the
state highway patrol by rule or regulation adopted pursuant to
sections 119.01 to 119.13 of the Revised Code. Upon determining that a motor vehicle is in safe operating
condition and its equipment in conformity with Chapter 4513. of
the Revised Code, the inspecting officer shall issue to the
operator an official inspection sticker, which shall be in such
form as the superintendent prescribes except that its color shall
vary from year to year. (2) Any motor vehicle subject to inspection by the public
utilities commission shall be inspected and tested in accordance
with rules adopted by the commission. Upon determining that the
vehicle and operator are in compliance with rules adopted by the
commission, the inspecting officer shall issue to the operator an
appropriate official inspection sticker. (C) The superintendent of the state highway patrol,
pursuant to sections 119.01 to 119.13 of the Revised Code, shall
determine and promulgate standards for any inspection program
conducted by a political subdivision of this state. These
standards shall exempt licensed collector's vehicles and
historical motor vehicles from inspection. Any motor vehicle
bearing a valid certificate of inspection issued by another state
or a political subdivision of this state whose inspection program
conforms to the superintendent's standards, and any licensed
collector's vehicle or historical motor vehicle which is not in a
condition which endangers the safety of persons or property,
shall be exempt from the tests provided in division (B) of this
section. (D) Every person, firm, association, or corporation which that,
in the conduct of its business, owns and operates not less than
fifteen motor vehicles in this state that are not subject to regulation by
the public utilities commission and which that, for the
purpose
of storing, repairing, maintaining, and servicing such motor
vehicles, equips and operates one or more service departments
within this state, may file with the superintendent of the state
highway patrol applications for permits for such service
departments as official inspection stations for its own motor
vehicles. Upon receiving an application for each such service
department, and after determining that it is properly equipped
and has competent personnel to perform the inspections referred
to in this section, the superintendent shall issue the necessary
inspection stickers and permit to operate as an official
inspection station. Any such person who has had one or more
service departments so designated as official inspection stations
may have his motor vehicles that are owned and operated by the
person and that are not subject to regulation by the public utilities
commission, excepting private
passenger cars owned by him the person or his the
person's employees, inspected at such service
department; and any motor vehicle bearing a valid certificate of
inspection issued by such service department shall be exempt from
the tests provided in division (B) of this section. No permit for an official inspection station shall be
assigned or transferred or used at any location other than
therein designated, and every such permit shall be posted in a
conspicuous place at the location designated. If a person, firm, association, or corporation owns and operates fifteen or
more motor vehicles in the conduct of business and is subject to regulation by
the public utilities commission, that person, firm, association, or
corporation is not eligible to apply to the superintendent for permits to
enable any of its service departments to serve as official inspection stations
for its own motor vehicles. (E) When any motor vehicle is found to be unsafe for
operation, the inspecting officer may order it removed from the
highway and not operated, except for purposes of removal and
repair, until it has been repaired pursuant to a repair order as
provided in division (F) of this section. (F) When any motor vehicle is found to be defective or in
violation of Chapter 4513. of the Revised Code, the inspecting
officer may issue a repair order, in such form and containing
such information as the superintendent shall prescribe, to the
owner or operator of the motor vehicle. The owner or operator
shall thereupon obtain such repairs as are required and shall, as
directed by the inspecting officer, return the repair order
together with proof of compliance with its provisions. When any
motor vehicle or operator subject to rules of the public
utilities commission fails the inspection, the inspecting officer
shall issue an appropriate order to obtain compliance with such
rules. (G) Sections 4513.01 to 4513.37 of the Revised Code, with
respect to equipment on vehicles, do not apply to implements of
husbandry, road machinery, road rollers, or agricultural tractors
except as made applicable to such articles of machinery. Sec. 5501.01. As used in Chapters 5501., 5503., 5511.,
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527.,
5528., 5529., 5531., 5533., and 5535. of the Revised Code: (A) "Transportation facilities" means all publicly owned
modes and means of transporting people and goods, including the
physical facilities, garages, district offices, and
other related buildings therefor, and including, but not limited to,
highways, rights-of-way, roads and bridges, parking facilities,
aviation
facilities, port facilities, rail facilities, public
transportation facilities, rest areas, and roadside parks. (B) "Public transportation" means publicly owned or
operated transportation by bus, rail, or other conveyance, which
provides to the public transit or paratransit service on a
regular and continuing basis within the state, and may include
demand-responsive transportation, subscription bus service,
shared-ride taxi service, car pools, van pools, or jitney
service. "Public transportation" does not include school bus
transportation or charter or sightseeing services. (C) "Road" or "highway" includes all appurtenances to the road or highway,
including but not limited to, bridges, viaducts, grade
separations, appurtenances culverts, lighting, signalization,
and approaches on or to such road or
highway. (D) "Right-of-way" has the same meaning as in division
(UU)(2) of section 4511.01 of the Revised Code. (E) "Telecommunications service provider"
means an entity that, for a fee, provides telecommunications services,
including, but not limited to, voice, data, interactive or two-way
telecommunications services, without regard to the way such services are
delivered. (F) "Telecommunications facility" means a facility for the
provision of telecommunications services. The facility may include, but is
not limited to, a tower, monopole, antenna or other ancillary equipment, or
buildings used to deliver telecommunications services. Sec. 5525.011. (A) The director of transportation shall award
contracts pursuant
to this chapter in conformity to the requirements of subsection (f) of section
105 of the federal "Surface Transportation Assistance Act of 1982," 96 Stat.
2099, 23 U.S.C.A. 105. (B) Notwithstanding sections 153.50 to 153.52 of the Revised Code, neither the
director nor any political subdivision or other public authority is required
to solicit separate bids or
award separate contracts for any branch
of work in a
contract for the construction or improvement of a road or highway
funded in whole or in part by or through the department of transportation. (C) When the director estimates that more than fifty-one per cent
of the dollar amount of work to be performed in a contract is to be performed
by one branch of work, the director shall designate the prime contractor for
the contract from that one branch of work. This division does not apply if the
director does not receive any bids from a prequalified prime contractor from
that branch of work. (D) As used in this section: (1) "Road" or "highway" does not include physical facilities, garages,
district offices, or other buildings funded in whole or in part by or through
the department of transportation. (2) "Branch of work" means any of the following: (a) Plumbing and gas-fitting; (b) Steam and hot-water heating, ventilating apparatus, and
steam-powered plant; (c) Electrical equipment. SECTION 2 . That existing sections 4511.99, 4513.02, 5501.01, and 5525.011 of
the Revised Code are
hereby repealed.
SECTION 3 . That Section 16 of Am. Sub. H.B. 163 of the 123rd General Assembly
be amended to read as follows:
"Sec. 16. A task force to study the Bureau of Motor Vehicles'
existing method of random selection to verify financial
responsibility is hereby established. The task force shall study
the method and make recommendations on changes to the General
Assembly on or before June August 1, 1999. The task
force shall consist
of twelve members, including the Director of Public Safety, or the Director's
designee and
the Superintendent of Insurance. The Speaker of the House of
Representatives shall appoint five members of the House of
Representatives to the task force, no more than three of whom
shall be from the same political party as the Speaker. The
President of the Senate shall appoint five members of the Senate
to the task force, no more than three of whom shall be from the
same political party as the President. The Speaker and President
shall make their appointments within two weeks after the effective
date of this section, and shall jointly select the chairperson of
the task force. The Director of Public Safety, or the
Director's designee, and the legislative members of the task force shall be
voting members. The Superintendent of Insurance shall be a nonvoting member.
After making its recommendations to the General
Assembly, the task force shall cease to exist. This section is not subject to the referendum. Therefore, under
Ohio Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, this section goes into immediate effect when this
act Am. Sub. H.B. No. 163
of the 123rd General Assembly becomes
law." SECTION 4 . That existing Section 16 of Am. Sub. H.B. 163 of
the 123rd General Assembly is hereby repealed.
SECTION 5 . Sections 4511.213 and 4511.99 of the Revised Code, as enacted and
amended by this act, shall take effect on the ninety-first day after this act
becomes law.
SECTION 6 . 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
specifying that the requirement to solicit separate bids for
certain classes of work does not apply to Department of
Transportation contracts for road and highway will enable imminent
road and highway projects to proceed as scheduled
and also that the
task force created in Am. Sub. H.B. No. 163 of the 123rd General
Assembly to study the Bureau of Motor Vehicles' existing method of
random selection to verify financial responsibility requires
additional time to complete its study and make recommendations.
Therefore, this act shall go into immediate effect.
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