130th Ohio General Assembly
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S. B. No. 174  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 174


Senator Schiavoni 

Cosponsors: Senators Seitz, Kearney 



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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