As Reported by the Senate Agriculture Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 293


Representative Goodwin 

Cosponsors: Representatives McGregor, J., Wachtmann, Yuko, Evans, Reinhard, Latta, Huffman, Peterson, Chandler, Dodd, Seitz, Stebelton, Fende, Sayre, Hughes, Aslanides, Combs, Domenick, Otterman, Bacon, Barrett, Batchelder, Beatty, Bolon, Celeste, Daniels, Dolan, Dyer, Flowers, Gardner, Gibbs, Goyal, Hagan, J., Harwood, Heard, Hite, Hottinger, Letson, Oelslager, Okey, Patton, Schindel, Schlichter, Setzer, Strahorn, Uecker, Wagner, Webster, Widener, Yates, Zehringer 

Senators Mumper, Padgett, Faber, Grendell, Schuring, Roberts 

A BILL
To amend sections 901.04, 4503.77, and 4503.78 and to 1
enact sections 901.90, 4503.503, and 4503.504 of 2
the Revised Code to establish a threshold of 500 3
annual special license plate registrations for all 4
special license plates, to create "Ohio 5
Agriculture" license plates and to create the 6
Ohio Agriculture License Plate Scholarship 7
Program, and to create "Ohio Sustainable 8
Agriculture" license plates.9


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 901.04, 4503.77, and 4503.78 be 10
amended and sections 901.90, 4503.503, and 4503.504 of the 11
Revised Code be enacted to read as follows:12

       Sec. 901.04.  (A) The department of agriculture may solicit13
or accept from any public or private source and shall deposit in14
the state treasury to the credit of the agro Ohio fund any grant,15
gift, devise, or bequest of money made to or for the use of the16
department in fulfilling its statutory duties or for promoting any17
part of the public welfare that is under the supervision and18
control of the department. The department may also accept and hold 19
on behalf of this state any grant, gift, devise, or bequest of20
other property made to or for the use of the department or for21
promoting any part of the public welfare that is under the22
supervision and control of the department. The department may23
contract for and carry out the terms and conditions of any devise,24
grant, gift, or donation that may be so made.25

       (B) There is hereby created in the state treasury the agro26
Ohio fund, to which shall be credited all sums received under27
division (A) of this section and, divisions (A)(2) and (C) of28
section 2105.09 of the Revised Code, and section 4503.504 of the 29
Revised Code. All money received under divisions (A)(2) and (C) of 30
section 2105.09 of the Revised Code shall be used for the benefit 31
of agriculture. All money received under section 4503.504 of the 32
Revised Code shall be used for the benefit of sustainable 33
agriculture markets in the state as determined by the director of 34
agriculture.35

       (C) The director may use all or any portion of the moneys in36
the agro Ohio fund to award grants for the purpose of promoting37
agriculture in this state. With respect to such grants that38
consist of moneys other than federal moneys, the director shall39
adopt rules in accordance with Chapter 119. of the Revised Code40
establishing all of the following:41

       (1) Specific purposes for which grants may be awarded;42

       (2) Procedures for soliciting grant applications, applying43
for grants, awarding grants, and otherwise administering grants;44

       (3) Eligibility criteria for receiving grants that must be45
satisfied by applicants for the grants;46

       (4) Any other procedures and requirements that are necessary47
to administer a grant program.48

       (D) Federal moneys deposited into the agro Ohio fund shall be 49
used in accordance with any terms that federal law prescribes for 50
their use.51

       Sec. 901.90. (A) There is hereby created in the state 52
treasury the Ohio agriculture license plate scholarship fund 53
consisting of the contributions the registrar of motor vehicles 54
receives pursuant to section 4503.503 of the Revised Code. Money 55
shall be expended from the fund only as provided in division (C) 56
of this section.57

       (B)(1) There is hereby created the Ohio agriculture license 58
plate scholarship fund board, consisting of the director of 59
agriculture or the director's designee and one representative 60
appointed by each of the following organizations:61

       (a) The Ohio agriculture council;62

       (b) The Ohio corngrowers association;63

       (c) The Ohio farm bureau federation;64

       (d) The Ohio soy association;65

       (e) The Ohio state university college of food, agricultural, 66
and environmental sciences;67

       (f) The Ohio young farmers association.68

       (2) All original appointments to the board shall be made not 69
later than ninety days after the effective date of this section, 70
and all vacancies shall be filled in the same manner as the 71
original appointment. Members of the board shall serve without 72
compensation but shall be reimbursed for the actual expenses they 73
incur in performing their duties. The director of agriculture or 74
the director's designee shall serve as chairperson. The board 75
shall adopt rules governing their meetings and proceedings.76

       (C) There is hereby established the Ohio agriculture license 77
plate scholarship program to benefit students who attend an 78
institution of higher learning located in this state and are 79
enrolled in a program that is related to agriculture. The board 80
shall adopt rules governing all aspects of the program, 81
including any additional eligibility requirements, the 82
application process, scholarship amounts, and any requirements a 83
student must meet in order to retain a scholarship.84

       All decisions of the board relating to the scholarship 85
program, including the decision to award, renew, not renew, or 86
revoke a scholarship, are final.87

       Sec. 4503.503. (A) The owner or lessee of any passenger car, 88
noncommercial motor vehicle, recreational vehicle, or other 89
vehicle of a class approved by the registrar of motor vehicles may 90
apply to the registrar for the registration of the vehicle and 91
issuance of "Ohio agriculture" license plates. The application for 92
"Ohio agriculture" license plates may be combined with a request 93
for a special reserved license plate under section 4503.40 or 94
4503.42 of the Revised Code. Upon receipt of the completed 95
application and compliance with division (B) of this section, the 96
registrar shall issue to the applicant the appropriate vehicle 97
registration and a set of "Ohio agriculture" license plates with a 98
validation sticker or a validation sticker alone when required by 99
section 4503.191 of the Revised Code.100

       In addition to the letters and numbers ordinarily inscribed 101
thereon, "Ohio agriculture" license plates shall be inscribed with 102
words and markings selected and designed by the Ohio farm bureau 103
federation, in consultation with representatives of agricultural 104
commodity organizations of this state. The registrar shall approve 105
the final design. "Ohio agriculture" license plates shall bear 106
county identification stickers that identify the county of 107
registration by name or number.108

       (B) "Ohio agriculture" license plates and validation stickers 109
shall be issued upon payment of the regular license tax as 110
prescribed under section 4503.04 of the Revised Code, any 111
applicable motor vehicle tax levied under Chapter 4504. of the 112
Revised Code, any applicable fee prescribed by section 4503.40 or 113
4503.42 of the Revised Code, a bureau of motor vehicles 114
administrative fee of ten dollars, the contribution specified 115
under division (C) of this section, and compliance with all other 116
applicable laws relating to the registration of motor vehicles.117

       (C) For each application for registration and registration 118
renewal received under this section, the registrar shall collect a 119
contribution of twenty dollars. The registrar shall transmit this 120
contribution to the treasurer of state for deposit in the Ohio 121
agriculture license plate scholarship fund created in section 122
901.90 of the Revised Code.123

       (D) The registrar shall deposit the bureau administrative fee 124
of ten dollars specified in division (B) of this section, the 125
purpose of which is to compensate the bureau for the additional 126
services required in the issuing of the applicant's "Ohio 127
agriculture" license plates, into the state bureau of motor 128
vehicles fund created in section 4501.25 of the Revised Code.129

       Sec. 4503.504.  (A) The owner or lessee of any passenger 130
car, noncommercial motor vehicle, recreational vehicle, or other 131
vehicle of a class approved by the registrar of motor vehicles may 132
apply to the registrar for the registration of the vehicle and 133
issuance of "Ohio sustainable agriculture" license plates. The 134
application for "Ohio sustainable agriculture" license plates may 135
be combined with a request for a special reserved license plate 136
under section 4503.40 or 4503.42 of the Revised Code. Upon receipt 137
of the completed application and compliance with division (B) of 138
this section, the registrar shall issue to the applicant the 139
appropriate vehicle registration and a set of "Ohio sustainable 140
agriculture" license plates with a validation sticker or a 141
validation sticker alone when required by section 4503.191 of the 142
Revised Code.143

       In addition to the letters and numbers ordinarily inscribed 144
thereon, "Ohio sustainable agriculture" license plates shall be 145
inscribed with words and markings selected and designed by the 146
department of agriculture. The registrar shall approve the final 147
design. "Ohio sustainable agriculture" license plates shall bear 148
county identification stickers that identify the county of 149
registration by name or number.150

       (B) "Ohio sustainable agriculture" license plates and 151
validation stickers shall be issued upon payment of the regular 152
license tax as prescribed under section 4503.04 of the Revised 153
Code, any applicable motor vehicle tax levied under Chapter 4504. 154
of the Revised Code, any applicable fee prescribed by section 155
4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles 156
administrative fee of ten dollars, the contribution specified 157
under division (C) of this section, and compliance with all other 158
applicable laws relating to the registration of motor vehicles.159

       (C) For each application for registration and registration 160
renewal received under this section, the registrar shall collect a 161
contribution of twenty dollars. The registrar shall transmit this 162
contribution to the treasurer of state for deposit in the agro 163
Ohio fund created in section 901.04 of the Revised Code.164

       (D) The registrar shall deposit the bureau administrative fee 165
of ten dollars specified in division (B) of this section, the 166
purpose of which is to compensate the bureau for the additional 167
services required in the issuing of the applicant's "Ohio 168
sustainable agriculture" license plates, into the state bureau of 169
motor vehicles fund created in section 4501.25 of the Revised 170
Code.171

       Sec. 4503.77.  (A) As used in this section, "nonstandard:172

       (1) "Nonstandard license plate" means all of the following:173

       (1)(a) A license plate issued under sections 4503.52, 174
4503.55, 4503.56, 4503.57, 4503.70, 4503.71, 4503.72, and 4503.75 175
of the Revised Code;176

       (2)(b) A license plate issued under a program that is 177
reestablished under division (D) of this section and that meets 178
the requirements contained in division (B) of section 4503.78 of 179
the Revised Code;180

       (3)(c) Except as may otherwise be specifically provided by 181
law, any license plate created after the effective date of this 182
sectionAugust 21, 1997.183

       (2) For purposes of license plates issued under sections 184
4503.503 and 4503.504 of the Revised Code, "sponsor" includes the 185
Ohio agriculture license plate scholarship fund board created in 186
section 901.90 of the Revised Code and the director of 187
agriculture.188

       (B)(1) If, during any calendar year commencing with 1998, the189
total number of motor vehicle registrations involving a particular 190
type of nonstandard license plate is less than one thousandfive 191
hundred, including both new registrations and registration 192
renewals, the registrar of motor vehicles, on or after the first 193
day of January, but not later than the fifteenth day of January 194
of the following year, shall send a written notice to the sponsor 195
of that type of nonstandard license plate, if a sponsor exists, 196
informing the sponsor of this fact. The registrar also shall197
inform the sponsor that if, during the calendar year in which the 198
written notice is sent, the total number of motor vehicle 199
registrations involving the sponsor's nonstandard license plate 200
again is less than one thousandfive hundred, the program 201
involving that type of nonstandard license plate will be 202
terminated on the thirty-first day of December of the calendar 203
year in which the written notice is sent and, except as provided 204
in division (C) of this section, no motor vehicle registration 205
application involving either the actual issuance of that type of206
nonstandard license plate or the registration renewal of a motor 207
vehicle displaying that type of nonstandard license plate will be 208
accepted by the registrar or a deputy registrar beginning the209
first day of January of the next calendar year. The registrar also 210
shall inform the sponsor that if the program involving the211
sponsor's nonstandard license plate is terminated under this 212
section, it may be reestablished pursuant to division (D) of this 213
section.214

       (2) If, during any calendar year commencing with 1998, the 215
total number of motor vehicle registrations involving a particular 216
type of nonstandard license plate is less than one thousandfive 217
hundred, including both new registrations and registration 218
renewals, and no sponsor exists for that license plate, the219
registrar shall issue a public notice on or after the first day 220
of January, but not later than the fifteenth day of January of 221
the following year, stating that fact. The notice also shall 222
inform the public that if, during the calendar year in which the 223
registrar issues the public notice, the total number of motor 224
vehicle registrations for that type of nonstandard license plate,225
including both new registrations and registration renewals, again 226
is less than one thousandfive hundred, the program involving 227
that type of nonstandard license plate will be terminated on the 228
thirty-first day of December of the calendar year in which the 229
registrar issues the public notice and, except as provided in230
division (C) of this section, no motor vehicle registration 231
application involving either the actual issuance of that type of 232
nonstandard license plate or the registration renewal of a motor 233
vehicle displaying that type of nonstandard license plate will be 234
accepted by the registrar or a deputy registrar beginning on the 235
first day of January of the next calendar year.236

       (C) If the program involving a type of nonstandard license 237
plate is terminated under division (B) of this section, the 238
registration of any motor vehicle displaying that type of 239
nonstandard license plate at the time of termination may be 240
renewed so long as the nonstandard license plates remain241
serviceable. If the nonstandard license plates of such a motor 242
vehicle become unfit for service, the owner of the motor vehicle 243
may apply for the issuance of nonstandard license plates of that 244
same type, but the registrar or deputy registrar shall issue such 245
nonstandard license plates only if at the time of application the 246
stock of the bureau contains license plates of that type of247
nonstandard license plate. If, at the time of such application, 248
the stock of the bureau does not contain license plates of that 249
type of nonstandard license plate, the registrar or deputy 250
registrar shall inform the owner of that fact, and the application 251
shall be refused.252

       If the program involving a type of nonstandard license plate 253
is terminated under division (B) of this section and the 254
registration of motor vehicles displaying such license plates 255
continues as permitted by this division, the registrar, for as 256
long as such registrations continue to be issued, shall continue 257
to collect and distribute any contribution that was required to be 258
collected and distributed prior to the termination of that 259
program.260

       (D) If the program involving a nonstandard license plate is 261
terminated under division (B)(1) of this section, the sponsor of 262
that license plate may apply to the registrar for the 263
reestablishment of the program. If the program involving that 264
nonstandard license plate is reestablished, the reestablishment is 265
subject to division (B) of section 4503.78 of the Revised Code.266

       Sec. 4503.78.  (A) Except as may otherwise be specifically267
provided by law, after the effective date of this section, the 268
registrar of motor vehicles shall not be required to implement any 269
legislation that creates a license plate and provides for its 270
issuance until the registrar receives written statements from not 271
less than one thousandfive hundred persons, indicating that they 272
intend to apply for and obtain such license plates for their 273
motor vehicles. The registrar may require such statements to be 274
made on a form the registrar provides.275

       (B) If a program involving a nonstandard license plate is 276
terminated under division (B)(1) of section 4503.77 of the 277
Revised Code, the sponsor of that license plate may apply to the 278
registrar for the reestablishment of that program, as permitted by 279
division (D) of that section. The registrar shall not reestablish 280
the program involving that nonstandard license plate until the281
registrar receives written statements from not less than one 282
thousandfive hundred persons, indicating that they intend to 283
apply for and obtain such license plates for their motor 284
vehicles. The registrar may require such statements to be made on 285
a form approved by the registrar.286

       In determining whether one thousandfive hundred persons have 287
so indicated their intentions, the registrar shall include in the 288
total the number of motor vehicles that continue to display the 289
nonstandard license plate of the terminated program, as permitted 290
by division (C) of section 4503.77 of the Revised Code.291

       Section 2. That existing sections 901.04, 4503.77, and 292
4503.78 of the Revised Code are hereby repealed.293