Bill Text: OH HB353 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To authorize school districts to sell commercial advertising space on school buses.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2009-11-05 - To Education [HB353 Detail]
Download: Ohio-2009-HB353-Introduced.html
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Representatives Huffman, Letson
Cosponsors:
Representatives Boose, Morgan, Derickson, Uecker, Adams, J., Stebelton
| To amend sections 4511.76 and 4511.761 and to enact | 1 |
| section 3327.20 of the Revised Code to authorize | 2 |
| school districts to sell commercial advertising | 3 |
| space on school buses. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4511.76 and 4511.761 be amended and | 5 |
| section 3327.20 of the Revised Code be enacted to read as follows: | 6 |
| Sec. 3327.20. The board of education of any school district | 7 |
| that owns and operates a school bus, or that privately contracts | 8 |
| for the operation of a board-owned school bus, may adopt a | 9 |
| resolution establishing procedures for soliciting bids and | 10 |
| awarding contracts for the sale of commercial advertising space on | 11 |
| the outside surface of either side of the bus. Advertisements | 12 |
| displayed on a school bus under this section shall be in the form | 13 |
| of a sign attached to the surface of the bus. No advertisement | 14 |
| shall be painted on the surface of the bus. | 15 |
| The board's procedures adopted under this section shall do at | 16 |
| least all of the following: | 17 |
| (A) Limit the sale of advertising space only to for-profit | 18 |
| entities; | 19 |
| (B) Prohibit the sale of advertising space for alcohol, | 20 |
| tobacco, gambling, or anything of a sexual nature or for the | 21 |
| support or opposition of a candidate for public office, a public | 22 |
| office or public official, or the passage of a levy, bond issue, | 23 |
| or other election issue; | 24 |
| (C) Provide for the establishment of a district committee | 25 |
| made up of district administrators and attorneys to approve all | 26 |
| school bus advertisements sold by the district. | 27 |
| If the board leases a school bus that it operates, or | 28 |
| contracts for student transportation services on a privately owned | 29 |
| school bus, the board may negotiate a provision of the lease or | 30 |
| contract under which the board may sell commercial advertising | 31 |
| space on either side of the bus in accordance with this section. | 32 |
| If a school district board donates the use of advertising | 33 |
| space on the side of a school bus or if the board itself uses that | 34 |
| space for advertising, that use shall not be for any of the same | 35 |
| purposes for which sale to a for-profit entity is prohibited under | 36 |
| division (B) of this section. | 37 |
| Sec. 4511.76. (A) The department of public safety, by and | 38 |
| with the advice of the superintendent of public instruction, shall | 39 |
| adopt and enforce rules relating to the construction, design, and | 40 |
| equipment, including lighting equipment required by section | 41 |
| 4511.771 of the Revised Code, of all school buses both publicly | 42 |
| and privately owned and operated in this state. | 43 |
| (B) The department of education, by and with the advice of | 44 |
| the director of public safety, shall adopt and enforce rules | 45 |
| relating to the operation of all vehicles used for pupil | 46 |
| transportation. | 47 |
| No regulation adopted under division (A) or (B) of this | 48 |
| section shall restrict the ability of a board of education to | 49 |
| display commercial advertising on the outside surface of either | 50 |
| side of a school bus pursuant to section 3327.20 of the Revised | 51 |
| Code. | 52 |
| (C) No person shall operate a vehicle used for pupil | 53 |
| transportation within this state in violation of the rules of the | 54 |
| department of education or the department of public safety. No | 55 |
| person, being the owner thereof or having the supervisory | 56 |
| responsibility therefor, shall permit the operation of a vehicle | 57 |
| used for pupil transportation within this state in violation of | 58 |
| the rules of the department of education or the department of | 59 |
| public safety. | 60 |
| (D) The department of public safety shall adopt and enforce | 61 |
| rules relating to the issuance of a license under section 4511.763 | 62 |
| of the Revised Code. The rules may relate to the moral character | 63 |
| of the applicant; the condition of the equipment to be operated; | 64 |
| the liability and property damage insurance carried by the | 65 |
| applicant; the posting of satisfactory and sufficient bond; and | 66 |
| such other rules as the director of public safety determines | 67 |
| reasonably necessary for the safety of the pupils to be | 68 |
| transported. | 69 |
| (E) As used in this section, "vehicle used for pupil | 70 |
| transportation" means any vehicle that is identified as such by | 71 |
| the department of education by rule and that is subject to Chapter | 72 |
| 3301-83 of the Administrative Code. | 73 |
| (F) Except as otherwise provided in this division, whoever | 74 |
| violates this section is guilty of a minor misdemeanor. If the | 75 |
| offender previously has been convicted of or pleaded guilty to one | 76 |
| or more violations of this section or section 4511.63, 4511.761, | 77 |
| 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a | 78 |
| municipal ordinance that is substantially similar to any of those | 79 |
| sections, whoever violates this section is guilty of a misdemeanor | 80 |
| of the fourth degree. | 81 |
| Sec. 4511.761. (A) The state highway patrol shall inspect | 82 |
| every school bus to ascertain whether its construction, design, | 83 |
| and equipment comply with the regulations adopted pursuant to | 84 |
| section 4511.76 of the Revised Code and all other provisions of | 85 |
| law. No school bus shall fail an inspection under this section | 86 |
| solely because advertising is displayed on the outside surface of | 87 |
| either side of the bus in accordance with section 3327.20 of the | 88 |
| Revised Code. | 89 |
| The superintendent of the state highway patrol shall adopt a | 90 |
| distinctive inspection decal not less than twelve inches in size, | 91 |
| and bearing the date of the inspection, which shall be affixed to | 92 |
| the outside surface of each side of each school bus which upon | 93 |
| such inspection is found to comply with the regulations adopted | 94 |
| pursuant to section 4511.76 of the Revised Code. The appearance of | 95 |
| said decal shall be changed from year to year as to shape and | 96 |
| color in order to provide easy visual inspection. | 97 |
| No person shall operate, nor shall any person being the owner | 98 |
| thereof or having supervisory responsibility therefor permit the | 99 |
| operation of, a school bus within this state unless there are | 100 |
| displayed thereon the decals issued by the state highway patrol | 101 |
| bearing the proper date of inspection for the calendar year for | 102 |
| which the inspection decals were issued. | 103 |
| (B) Except as otherwise provided in this division, whoever | 104 |
| violates this section is guilty of a minor misdemeanor. If the | 105 |
| offender previously has been convicted of or pleaded guilty to one | 106 |
| or more violations of this section or section 4511.63, 4511.76, | 107 |
| 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a | 108 |
| municipal ordinance that is substantially similar to any of those | 109 |
| sections, whoever violates this section is guilty of a misdemeanor | 110 |
| of the fourth degree. | 111 |
| (C) Whenever a person is found guilty in a court of record of | 112 |
| a violation of this section, the trial judge, in addition to or | 113 |
| independent of all other penalties provided by law, may suspend | 114 |
| for any period of time not exceeding three years, or cancel the | 115 |
| license of any person, partnership, association, or corporation, | 116 |
| issued under section 4511.763 of the Revised Code. | 117 |
| Section 2. That existing sections 4511.76 and 4511.761 of the | 118 |
| Revised Code are hereby repealed. | 119 |
