As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 179

Senator Wilson 

Cosponsors: Senators Sawyer, Tavares, Kearney, Schaffer, Coley, Eklund, Faber, Gentile, Hite, Hughes, Manning, Obhof, Patton, Seitz, Turner, Wagoner 

Representatives Anielski, Barnes, Buchy, Combs, Damschroder, Dovilla, Gerberry, Grossman, Hagan, C., Hall, Hill, Letson, Lundy, Maag, Mallory, Matheney, Milkovich, Rose, Ruhl, Slaby, Stebelton, Uecker, Wachtmann, Yuko Speaker Batchelder 

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A BILL

To amend sections 1505.11, 4511.101, 4519.03, and

1

5533.941 and to enact sections 1505.12, 1505.13,

2

and 4503.515 of the Revised Code to create the

3

"Ohio Geology" license plate, to require the Ohio

4

Geology Advisory Council to establish and

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administer a grant program utilizing the

6

contributions that are paid by persons who obtain

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the license plate, to eliminate the provision in

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the Special Vehicle Law that permits owners of

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certain off-highway motorcycles and all-purpose

10

vehicles to register the motorcycles and vehicles

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by presenting affidavits of ownership rather than

12

certificates of title, to relocate the portion of

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State Route 170 designated as the "Cpl. Kenneth

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Tyler Butler Memorial Highway," and to require the

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Director of Transportation to establish the

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business logo sign program and its fees by rule.

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

Section 1.  That sections 1505.11, 4511.101, 4519.03, and	18
5533.941 be amended and sections 1505.12, 1505.13, and 4503.515 of	19
the Revised Code be enacted to read as follows:	20

Sec. 1505.11. (A) There is hereby created in the department	21
of natural resources the Ohio geology advisory council consisting	22
of seven members to be appointed by the governor with the advice	23
and consent of the senate. No more than four of the members shall	24
be of the same political party. Members shall be persons who have	25
a demonstrated interest in the geology and mineral resources of	26
this state and whose expertise reflects the various	27
responsibilities of the division of geological survey. The council	28
shall include at least one representative from each of the	29
following: the oil and gas industry, the industrial minerals	30
industry, the coal industry, hydrogeology interests, environmental	31
geology interests, and an institution of higher education in this	32
state. The chief of the division of geological survey may	33
participate in the deliberations of the council, but shall not	34
vote.	35

Within ninety days after May 3, 1990, the governor shall make	36
initial appointments to the council. Of the initial appointments,	37
three shall be for a term ending one year after May 3, 1990, three	38
shall be for a term ending two years after May 3, 1990, and one	39
shall be for a term ending three years after May 3, 1990.	40
Thereafter, terms of office shall be for three years, with each	41
term ending on the same day of the same month as did the term that	42
it succeeds. Members may be reappointed. The governor may remove	43
any member at any time for inefficiency, neglect of duty, or	44
malfeasance in office. Vacancies shall be filled in the manner	45
provided for original appointments. Any member appointed to fill a	46
vacancy prior to the expiration date of the term for which the	47
member's predecessor was appointed shall hold office as a member	48
for the remainder of that term. A member shall continue in office	49
subsequent to the expiration date of the member's term until the	50
member's successor takes office or until a period of sixty days	51
has elapsed, whichever occurs first.	52

Serving as an appointed member on the council does not	53
constitute holding a public office or position of employment under	54
the laws of this state and does not constitute grounds for removal	55
of public officers or employees from their offices or positions of	56
employment.	57

Members shall serve without compensation, but shall be	58
reimbursed for their actual and necessary expenses incurred in the	59
performance of their official duties from moneys appropriated to	60
the division.	61

The council annually shall select from its members a	62
chairperson and a vice-chairperson. The council shall hold at	63
least one meeting each calendar quarter and shall keep a record of	64
its proceedings, which shall be open to public inspection. Special	65
meetings may be called by the chairperson and shall be called upon	66
the written request of two or more members. A majority of the	67
members constitutes a quorum. The division shall furnish clerical,	68
technical, legal, and other services required by the council in	69
the performance of its duties.	70

(B) The council shall do all of the following:

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(A)(1) Advise the chief in carrying out the duties of the	72
division under this chapter;	73

(B)(2) Recommend policy and legislation with respect to	74
geology, resource analysis, and management that will promote the	75
economic and industrial development of the state while minimizing	76
threats to the natural environment of the state;	77

(C)(3) Review and make recommendations on the development of	78
plans and programs for long-term, comprehensive geologic mapping	79
and analysis throughout the state;	80

(D)(4) Recommend ways to enhance cooperation among	81
governmental agencies having an interest in the geology of the	82
state to encourage wise use and management of the geology and	83
mineral resources of the state. To this end, the council shall	84
request nonvoting representation from appropriate governmental	85
agencies.	86

(E)(5) Review and make recommendations with respect to	87
changes in the fee schedules established in rules adopted under	88
section 1505.05 of the Revised Code.	89

(6) Establish and administer the grant program as described	90
in section 1505.12 of the Revised Code.	91

Sec. 1505.12.  The Ohio geology advisory council shall	92
establish a grant program utilizing the contributions that are	93
paid to the bureau of motor vehicles by persons who obtain "Ohio	94
geology" license plates pursuant to section 4503.515 of the	95
Revised Code and are deposited into the "Ohio geology" license	96
plate fund created by section 1505.13 of the Revised Code. The	97
primary purpose of the program shall be the awarding of grants by	98
the council to geology departments of colleges and universities	99
located in this state for graduate level research conducted at	100
locations of geological interest in this state. Subject to the	101
amount of money in the fund, the secondary purpose of the program	102
shall be to provide materials such as rock and mineral kits to	103
elementary and secondary schools in this state to assist students	104
at those schools in the study of geology.	105

The council shall award grants at least annually and, in its	106
discretion, may award grants on a more frequent basis.	107

Sec. 1505.13.  There is hereby created in the state treasury	108
the "Ohio geology" license plate fund. The fund shall consist of	109
the contributions that are paid to the bureau of motor vehicles by	110
applicants who choose to obtain "Ohio geology" license plates	111
pursuant to section 4503.515 of the Revised Code.	112

The contributions deposited into the fund shall be used by	113
the Ohio geology advisory council in the manner described in	114
section 1505.12 of the Revised Code.	115

Sec. 4503.515.  (A) The owner or lessee of any passenger car,	116
noncommercial motor vehicle, recreational vehicle, or other	117
vehicle of a class approved by the registrar of motor vehicles may	118
apply to the registrar for the registration of the vehicle and	119
issuance of "Ohio geology" license plates. The application may be	120
combined with a request for a special reserved license plate under	121
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	122
the completed application and compliance by the applicant with	123
divisions (B) and (C) of this section, the registrar shall issue	124
to the applicant the appropriate vehicle registration and a set of	125
"Ohio geology" license plates and a validation sticker, or a	126
validation sticker alone when required by section 4503.191 of the	127
Revised Code.	128

In addition to the letters and numbers ordinarily inscribed	129
on the license plates, "Ohio geology" license plates shall bear an	130
appropriate logo and words selected by the Ohio geology advisory	131
council and approved by the registrar. "Ohio geology" license	132
plates shall display county identification stickers that identify	133
the county of registration by name or number.	134

(B) "Ohio geology" license plates and a validation sticker,	135
or validation sticker alone, shall be issued upon receipt of an	136
application for registration of a motor vehicle under this	137
section; payment of the regular license tax as prescribed under	138
section 4503.04 of the Revised Code, any applicable motor vehicle	139
license tax levied under Chapter 4504. of the Revised Code, any	140
applicable additional fee prescribed by section 4503.40 or 4503.42	141
of the Revised Code, an additional fee of ten dollars, and a	142
contribution as provided in division (C) of this section; and	143
compliance with all other applicable laws relating to the	144
registration of motor vehicles.	145

(C) For each application for registration and registration	146
renewal notice the registrar receives under this section, the	147
registrar shall collect a contribution of fifteen dollars. The	148
registrar shall transmit this contribution to the treasurer of	149
state for deposit into the state treasury to the credit of the	150
"Ohio geology" license plate fund created by section 1505.13 of	151
the Revised Code.	152

The registrar shall transmit the additional fee of ten	153
dollars, the purpose of which is to compensate the bureau of motor	154
vehicles for the additional services required in the issuing of	155
"Ohio geology" license plates, to the treasurer of state for	156
deposit into the state treasury to the credit of the state bureau	157
of motor vehicles fund created by section 4501.25 of the Revised	158
Code.	159

Sec. 4511.101.  (A) The director of transportation, in	160
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,	161
and by rule adopted pursuant to Chapter 119. of the Revised Code,	162
shall establish a program for the placement of business logos for	163
identification purposes on state directional signs within the	164
rights-of-way of divided, multi-lane, limited access highways in	165
both rural and urban areas.	166

(B)(1) The director, by rule adopted pursuant to Chapter 119.	167
of the Revised Code, shall establish, and may revise at any time,	168
a fee for participation in the business logo sign program. All	169
direct and indirect costs of the business logo sign program	170
established pursuant to this section shall be fully paid by the	171
businesses applying for participation in the program. The direct	172
and indirect costs of the program shall include, but not be	173
limited to, the cost of capital, directional signs, blanks, posts,	174
logos, installation, repair, engineering, design, insurance,	175
removal, replacement, and administration.	176

(2) Money generated from participating businesses in excess	177
of the direct and indirect costs and any reasonable profit earned	178
by a person awarded a contract under division (C) of this section	179
shall be remitted to the department.	180

(3) Nothing in this chapter shall be construed to prohibit	181
the director from establishing such a program. If the department	182
operates such a program and does not contract with a private	183
person to operate it, all money collected from participating	184
businesses shall be deposited and credited as prescribed in	185
division (B)(2) of this section.	186

(C) The director, in accordance with rules adopted pursuant	187
to Chapter 119. of the Revised Code, may contract with any private	188
person to operate, maintain, or market the business logo sign	189
program. The contract may allow for a reasonable profit to be	190
earned by the successful applicant. In awarding the contract, the	191
director shall consider the skill, expertise, prior experience,	192
and other qualifications of each applicant.	193

(D) As used in this section, "urban area" means an area	194
having a population of fifty thousand or more according to the	195
most recent federal census and designated as such on urban maps	196
prepared by the department.	197

(E) In implementing this section, neither the department nor	198
the director shall do either of the following:	199

(1) Limit the right of any person to erect, maintain, repair,	200
remove, or utilize any off-premises or on-premises advertising	201
device;	202

(2) Make participation in the business logo sign program	203
conditional upon a business agreeing to limit, discontinue,	204
withdraw, modify, alter, or change any advertising or sign.	205

(F) The program shall permit the business logo signs of a	206
seller of motor vehicle fuel to include on the seller's signs a	207
marking or symbol indicating that the seller sells one or more	208
types of alternative fuel so long as the seller in fact sells that	209
fuel.	210

As used in this division, "alternative fuel" has the same	211
meaning as in section 125.831 of the Revised Code.	212

Sec. 4519.03.  (A) The owner of every snowmobile, off-highway	213
motorcycle, and all-purpose vehicle required to be registered	214
under section 4519.02 of the Revised Code shall file an	215
application for registration with the registrar of motor vehicles	216
or a deputy registrar, on blanks furnished by the registrar for	217
that purpose and containing all of the following information:	218

(1) A brief description of the snowmobile, off-highway	219
motorcycle, or all-purpose vehicle, including the year, make,	220
model, and the vehicle identification number;	221

(2) The name, residence, and business address of the owner;

222

(3) A statement that the snowmobile, off-highway motorcycle,	223
or all-purpose vehicle is equipped as required by section 4519.20	224
of the Revised Code and any rule adopted under that section. The	225
statement shall include a check list of the required equipment	226
items in the form the registrar shall prescribe.	227

The application shall be signed by the owner of the	228
snowmobile, off-highway motorcycle, or all-purpose vehicle and	229
shall be accompanied by a fee as provided in division (C) of	230
section 4519.04 of the Revised Code.	231

If the application is not in proper form, or if the vehicle	232
for which registration is sought does not appear to be equipped as	233
required by section 4519.20 of the Revised Code or any rule	234
adopted under that section, the registration shall be refused, and	235
no registration sticker, license plate, or validation sticker	236
shall be issued.	237

(B) Except as provided in this division, noNo certificate of	238
registration or renewal of a certificate of registration shall be	239
issued for an off-highway motorcycle or all-purpose vehicle	240
required to be registered under section 4519.02 of the Revised	241
Code, and no certificate of registration issued under this chapter	242
for an off-highway motorcycle or all-purpose vehicle that is sold	243
or otherwise transferred shall be transferred to the new owner of	244
the off-highway motorcycle or all-purpose vehicle as permitted by	245
division (B) of section 4519.05 of the Revised Code, unless a	246
certificate of title has been issued under this chapter for the	247
motorcycle or vehicle, and the owner or new owner, as the case may	248
be, presents a physical certificate of title or memorandum	249
certificate of title for inspection at the time the owner or new	250
owner first submits a registration application, registration	251
renewal application, or registration transfer application for the	252
motorcycle or vehicle if a physical certificate of title or	253
memorandum certificate has been issued by a clerk of a court of	254
common pleas. If, under sections 4519.512 and 4519.58 of the	255
Revised Code, a clerk instead has issued an electronic certificate	256
of title for the applicant's off-highway motorcycle or all-purpose	257
vehicle, that certificate may be presented for inspection at the	258
time of first registration in a manner prescribed by rules adopted	259
by the registrar. In the case of an off-highway motorcycle or	260
all-purpose vehicle that was purchased prior to October 1, 2005,	261
and for which a certificate of title has not been issued, the	262
owner shall not be required to present a physical certificate of	263
title or memorandum certificate of title or an electronic	264
certificate of title for the motorcycle or vehicle but instead may	265
present a signed affidavit of ownership in a form prescribed by	266
the registrar. The affidavit shall include, at a minimum, the date	267
of purchase, make, model, and vehicle identification number of the	268
motorcycle or vehicle. If no vehicle identification number has	269
been assigned to the off-highway motorcycle or all-purpose	270
vehicle, then the serial number of the motorcycle or vehicle shall	271
be presented at the time of application.	272

(C) When the owner of an off-highway motorcycle or	273
all-purpose vehicle first registers it in the owner's name, and a	274
certificate of title has been issued for the motorcycle or	275
vehicle, the owner shall present for inspection a physical	276
certificate of title or memorandum certificate of title showing	277
title to the off-highway motorcycle or all-purpose vehicle in the	278
name of the owner if a physical certificate of title or memorandum	279
certificate has been issued by a clerk of a court of common pleas.	280
If, under sections 4519.512 and 4519.58 of the Revised Code, a	281
clerk instead has issued an electronic certificate of title for	282
the applicant's off-highway motorcycle or all-purpose vehicle,	283
that certificate may be presented for inspection at the time of	284
first registration in a manner prescribed by rules adopted by the	285
registrar. In the case of an off-highway motorcycle or all-purpose	286
vehicle that was purchased prior to October 1, 2005, and for which	287
a certificate of title has not been issued, the owner shall not be	288
required to present a physical certificate of title or memorandum	289
certificate of title or an electronic certificate of title for the	290
motorcycle or vehicle but instead may present a signed affidavit	291
of ownership in a form prescribed by the registrar. The affidavit	292
shall include, at a minimum, the date of purchase, make, model,	293
and vehicle identification number of the motorcycle or vehicle. If	294
no vehicle identification number has been assigned to the	295
off-highway motorcycle or all-purpose vehicle, then the serial	296
number of the motorcycle or vehicle shall be presented at the time	297
of application. If, when the owner of such an off-highway	298
motorcycle or all-purpose vehicle first makes application to	299
register it in the owner's name, the application is not in proper	300
form or the certificate of title or memorandum certificate of	301
title does not accompany the registration or, in the case of an	302
electronic certificate of title or ownership affidavit, it is not	303
presented in a manner prescribed by the registrar, the	304
registration shall be refused, and neither a certificate of	305
registration nor a registration sticker, license plate, or	306
validation sticker shall be issued. When a certificate of	307
registration and registration sticker, license plate, or	308
validation sticker are issued upon the first registration of an	309
off-highway motorcycle or all-purpose vehicle by or on behalf of	310
the owner, the official issuing them shall indicate the issuance	311
with a stamp on the certificate of title,or memorandum	312
certificate of title, or affidavit, or, in the case of an	313
electronic certificate of title, an electronic stamp or other	314
notation as specified in rules adopted by the registrar.	315

(D) Each deputy registrar shall be allowed a fee of three	316
dollars and fifty cents for each application or renewal	317
application received by the deputy registrar, which shall be for	318
the purpose of compensating the deputy registrar for services, and	319
office and rental expense, as may be necessary for the proper	320
discharge of the deputy registrar's duties in the receiving of	321
applications and the issuing of certificates of registration.	322

Each deputy registrar, upon receipt of any application for	323
registration, together with the registration fee, shall transmit	324
the fee, together with the original and duplicate copy of the	325
application, to the registrar in the manner and at the times the	326
registrar, subject to the approval of the director of public	327
safety and the treasurer of state, shall prescribe by rule.	328

Sec. 5533.941. That part of the road known as state route	329
number one hundred seventy, fromwithin the municipal corporation	330
of Calcutta in Columbiana county and extending in a northeasterly	331
direction to the intersection of that state route and the road	332
known as Duke Vodrey roadonly, shall be known as the "Cpl.	333
Kenneth Tyler Butler Memorial Highway."	334

The director of transportation may erect suitable markers	335
along the highway indicating its name.	336

Section 2.  That existing sections 1505.11, 4511.101,	337
4519.03, and 5533.941 of the Revised Code are hereby repealed.	338