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H. B. No. 353 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Huffman, Letson
Cosponsors:
Representatives Boose, Morgan, Derickson, Uecker, Adams, J., Stebelton
A BILL
To amend sections 4511.76 and 4511.761 and to enact
section 3327.20 of the Revised Code to authorize
school districts to sell commercial advertising
space on school buses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.76 and 4511.761 be amended and
section 3327.20 of the Revised Code be enacted to read as follows:
Sec. 3327.20. The board of education of any school district
that owns and operates a school bus, or that privately contracts
for the operation of a board-owned school bus, may adopt a
resolution establishing procedures for soliciting bids and
awarding contracts for the sale of commercial advertising space on
the outside surface of either side of the bus. Advertisements
displayed on a school bus under this section shall be in the form
of a sign attached to the surface of the bus. No advertisement
shall be painted on the surface of the bus.
The board's procedures adopted under this section shall do at
least all of the following:
(A) Limit the sale of advertising space only to for-profit
entities;
(B) Prohibit the sale of advertising space for alcohol,
tobacco, gambling, or anything of a sexual nature or for the
support or opposition of a candidate for public office, a public
office or public official, or the passage of a levy, bond issue,
or other election issue;
(C) Provide for the establishment of a district committee
made up of district administrators and attorneys to approve all
school bus advertisements sold by the district.
If the board leases a school bus that it operates, or
contracts for student transportation services on a privately owned
school bus, the board may negotiate a provision of the lease or
contract under which the board may sell commercial advertising
space on either side of the bus in accordance with this section.
If a school district board donates the use of advertising
space on the side of a school bus or if the board itself uses that
space for advertising, that use shall not be for any of the same
purposes for which sale to a for-profit entity is prohibited under
division (B) of this section.
Sec. 4511.76. (A) The department of public
safety, by and
with
the advice of the superintendent of
public instruction, shall
adopt and enforce rules relating to the
construction,
design, and
equipment, including lighting equipment required by
section
4511.771 of the Revised Code, of all school
buses both publicly
and privately
owned and operated in
this state.
(B) The department of education, by and with the
advice of
the director of public safety, shall adopt and
enforce rules
relating to the
operation of
all
vehicles used for pupil
transportation.
No regulation adopted under division (A) or (B) of this
section shall restrict the ability of a board of education to
display commercial advertising on the outside surface of either
side of a school bus pursuant to section 3327.20 of the Revised
Code.
(C) No person shall operate a
vehicle used for
pupil
transportation within this
state
in violation of the rules
of the
department of
education or the department of public safety.
No
person, being the owner
thereof or having the
supervisory
responsibility therefor, shall permit the operation
of a
vehicle
used for pupil transportation within this state in
violation of
the
rules of the department of education or the
department of
public safety.
(D) The department of public safety shall adopt and
enforce
rules relating to the
issuance of a license under section 4511.763
of the Revised Code. The
rules may relate to the moral character
of the
applicant; the condition of
the equipment to be operated;
the liability and property damage
insurance carried by the
applicant; the posting of satisfactory
and sufficient bond; and
such other rules as the
director of public safety determines
reasonably necessary
for the
safety of the pupils to be
transported.
(E) As used in this section, "vehicle used for pupil
transportation" means any vehicle that is identified as such by
the department of education by rule and that is subject to Chapter
3301-83 of the Administrative Code.
(F)
Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or pleaded guilty to one
or more violations
of this section or section 4511.63, 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, whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4511.761.
(A) The state highway patrol shall inspect
every school bus to ascertain whether its construction, design,
and equipment comply with the regulations adopted pursuant to
section 4511.76 of the Revised Code and all other provisions of
law. No school bus shall fail an inspection under this section
solely because advertising is displayed on the outside surface of
either side of the bus in accordance with section 3327.20 of the
Revised Code.
The superintendent of the state highway patrol shall adopt
a
distinctive inspection decal not less than twelve inches in
size,
and bearing the date of the inspection, which shall be
affixed to
the outside surface of each side of each school bus
which upon
such inspection is found to comply with the
regulations adopted
pursuant to section 4511.76 of the Revised
Code. The appearance
of
said decal shall be changed from year to
year as to shape and
color in order to provide easy visual
inspection.
No person shall operate, nor shall any person being the
owner
thereof or having supervisory responsibility therefor
permit the
operation of, a school bus within this state unless
there are
displayed thereon the decals issued by the state highway
patrol
bearing the proper date of inspection
for the calendar year for
which the inspection decals were issued.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or
pleaded guilty to one
or more violations of this section or
section 4511.63, 4511.76,
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, whoever violates this section is guilty
of a misdemeanor
of the fourth degree.
(C) Whenever a person is found guilty in a court of record
of
a
violation of this section, 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 cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Section 2. That existing sections 4511.76 and 4511.761 of the
Revised Code are hereby repealed.
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