HB 54: Transportation Budget – As Enacted

Overview:

Amended Substitute House Bill Number 54 (Am. Sub. H.B. No. 54) is a comprehensive piece of legislation that amends numerous sections of the Ohio Revised Code and enacts several new sections. Its primary purpose, as stated in the title, is to make appropriations for programs related to transportation for the biennium beginning July 1, 2025, and ending June 30, 2027, and to provide authorization and conditions for the operation of those programs. Beyond appropriations, the bill also addresses a wide range of topics related to transportation, state agencies, local governments, and law enforcement, often through amendments to existing definitions, powers, and procedures.

Main Themes and Important Ideas:

1. Transportation Funding and Authorization:

• The central theme is the allocation of funds for transportation-related programs for the upcoming biennium (2025-2027). While specific appropriation amounts for each program within the Department of Transportation are not detailed in the provided excerpts, the bill explicitly states its intent to make these appropriations.
• The bill also provides the legal framework and conditions under which these transportation programs will operate. This includes amendments and enactments related to the powers and duties of various state and local entities involved in transportation.
• Quote: “…to make appropriations for programs related to transportation for the biennium beginning July 1, 2025, and ending June 30, 2027, and to provide authorization and conditions for the operation of those programs.”

1. Regional Transit Authorities (RTAs):

• The bill significantly amends Section 306.30 and 306.35 of the Revised Code, detailing and expanding the powers and responsibilities of RTAs.
• RTAs are granted broad authority, including the ability to sue and be sued, enter into contracts, adopt bylaws and rules for transit facilities, issue various types of bonds (general credit and revenue), acquire and dispose of property (including through condemnation), apply for and accept grants and loans, and establish security operations, including transit police departments.
• Quote: “(Y) May provide for and maintain security operations, including a transit police department, subject to section 306.352 of the Revised Code. Regional transit authority police officers shall have the power and duty to act as peace officers within transit facilities owned, operated, or leased by the transit authority…”
• The bill also clarifies the jurisdictional authority of RTA police officers, allowing them to act as peace officers within RTA facilities and, under certain emergency circumstances, to provide assistance to other peace officers outside their primary jurisdiction.
• Furthermore, RTAs are given flexibility in contracting, including the ability to accept letters of credit in lieu of performance bonds and to enter into agreements with municipalities allowing RTA police officers to exercise full arrest powers within agreed-upon areas.
• The bill also outlines procedures for RTA procurement, including bidding processes and exceptions for purchases from other governmental entities or public utilities.

1. Law Enforcement Powers and Jurisdiction:

• The bill amends Section 2935.03 of the Revised Code, which outlines the arrest powers of various law enforcement officers in Ohio.
• It explicitly includes “member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code” in the list of officers with arrest authority within their specific jurisdictional limits (RTA facilities and agreed-upon areas within municipalities).
• The amendment also details the circumstances under which these officers can pursue, arrest, and detain individuals outside their primary jurisdiction.
• Quote: “(D) If a sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code…” (listing officers with defined arrest powers)

1. Vehicle Definitions and Regulations:

• The bill amends numerous definitions in Section 4501.01 of the Revised Code, which provides definitions for terms used in motor vehicle-related chapters of the law. These amendments refine the classifications of various types of vehicles, including:
• Bicycle: Updates the definition by referencing Section 4511.01.
• Trailer: Clarifies what constitutes a trailer and what is excluded (e.g., manufactured homes, travel trailers, and certain boat trailers under specific conditions).
• Noncommercial Trailer: Defines this type of trailer based on weight and usage.
• Low-speed Vehicle: Updates the definition regarding attainable speed.
• Under-speed Vehicle: Updates the definition regarding attainable speed and explicitly includes “golf cart.”
• Motor-driven cycle or motor scooter: Modifies the engine size and power specifications.
• Motorcycle: Refines the description regarding occupant compartment tops.
• Mini-truck: Provides a detailed definition based on features, power, weight, and original manufacturing standards.
• These updated definitions likely have implications for vehicle registration, licensing, and traffic regulations.

1. Driver Licensing and Commercial Driver’s Licenses (CDLs):

• The bill amends Section 4506.01, which defines terms related to CDLs, adding definitions for “downgrade,” “drive,” “driver,” “state” (including D.C.), “tank vehicle” (with specific capacity thresholds and exclusions), “tester,” “texting” (with specific exclusions), “United States” (including D.C.), and “upgrade.”
• These new definitions are crucial for the consistent application and enforcement of CDL regulations.
• Section 4507.01, concerning driver’s licenses, is also amended, addressing aspects like license material, distinguishing features for underage drivers, and the process for handling applications when an applicant’s license has been previously canceled or suspended.

1. Traffic Laws and Regulations (Chapter 4511):

• A significant portion of the bill amends various sections within Chapter 4511 of the Revised Code, which governs traffic rules. These amendments cover a wide array of topics, including:
• Traffic Control Signals: Modifies the meaning and interpretation of steady yellow and steady red arrow signal indications.
• Lane-Use Control Signals: Updates the definitions and meanings of steady downward green arrows, steady yellow “X,” and steady white two-way left-turn arrows.
• Unauthorized Traffic Control Devices: Clarifies exceptions to the prohibition of possessing such devices (e.g., purchase from the state or local authority, purchase for private property with proof of sale).
• Speed Limits: Amends provisions related to prima facie speed limits and the procedure for charging violations involving both prima facie and absolute speed limits.
• Operation on Sidewalks: Modifies regulations concerning the operation of certain types of vehicles (motor-driven cycles with smaller engines, low-speed micromobility devices, bicycles, electric bicycles) on sidewalks, provided they do not impede pedestrian traffic.
• Improper Backing: Updates the penalties for improper backing.
• Driving in Marked Lanes: Updates the penalties for failing to drive within marked lanes.
• Following Too Closely: Updates the penalties for following too closely.
• Turning at Intersections: Updates the penalties for improper turning.
• Starting and Backing: Updates the penalties.
• Signals When Turning, Stopping, or Starting: Updates the penalties.
• Driving on Divided Highways: Clarifies the definition of intersections involving divided highways.
• Right-of-Way: Refines the definition of right-of-way.
• Pedestrians’ Rights and Duties: Updates regulations and penalties related to pedestrian right-of-way and crossing at intersections.
• Stopping, Standing, or Parking: Updates regulations and penalties.
• Opening Vehicle Doors: Updates the penalties.
• Hazardous Operation: Updates the penalties.
• Child Restraint Systems: Updates the penalties.
• Use of Electronic Wireless Communications Devices: Clarifies exceptions for accessing devices and outlines restrictions on warrantless access and confiscation.
• Many of these amendments involve changes to the penalties associated with specific traffic violations, often establishing a tiered system based on prior similar convictions within a one-year period.

1. Motor Vehicle Sales and Leasing:

• Section 4517.02 is amended to update the prohibitions related to engaging in the business of motor vehicle sales, leasing, auctioning, or distributing without the proper license. It also sets a limit on the number of casual sales allowed without a dealer’s license.

1. State Highway System:

• Amendments to Chapter 5515 and the enactment of Section 5517.012 relate to the management and maintenance of the state highway system.
• These provisions address permits for using or occupying portions of state highways and introduce the concept of “indefinite delivery indefinite quantity contracts” for highway maintenance, outlining their characteristics and procurement process.
• Quote: “(A) As used in this section, ‘indefinite delivery indefinite quantity contract’ means a contract for an unspecified quantity, within stated limits, of supplies or services that will be delivered by the awarded bidder over a defined period.”

1. Repeal of Existing Sections:

• The bill explicitly repeals several existing sections of the Revised Code, including sections related to commercial driver’s licenses, operating a vehicle after underage alcohol consumption, temporary instruction permits, and a section concerning the state highway system. This indicates a restructuring and updating of the legal framework in these areas.

1. Appropriations for Roadwork Development:

• The bill includes a specific appropriation item within the Department of Development for “Roadwork Development.” These funds are to be used for road improvements associated with economic development opportunities that will retain or attract businesses to Ohio, including access to public airports.
• Quote: “The foregoing appropriation item 195629, Roadwork Development, shall be used for road improvements associated with economic development opportunities that will retain or attract businesses for Ohio, including the construction, reconstruction, maintenance, or repair of public roads that provide access to a public airport or are located within a public airport.”

Conclusion:

Am. Sub. H.B. No. 54 is a significant piece of legislation that will have a broad impact on transportation in Ohio. It not only allocates funding for the next biennium but also updates and clarifies numerous aspects of transportation law, including the powers of regional transit authorities, the jurisdiction of law enforcement officers, definitions of various vehicle types, driver licensing regulations, traffic rules, and the management of the state highway system. The amendments and enactments reflect an ongoing effort to modernize and improve the state’s transportation infrastructure and regulatory framework. The detailed nature of the amendments across numerous sections highlights the bill’s comprehensive approach to transportation-related issues.