As Reported by the Senate Highways and Transportation Committee

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 179

Senator Wilson 

Cosponsors: Senators Sawyer, Tavares, Kearney, Schaffer 

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A BILL

To amend sections 1505.11 and 4519.03 and to enact

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sections 1505.12, 1505.13, and 4503.515 of the

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Revised Code to create the "Ohio Geology" license

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plate, to require the Ohio Geology Advisory

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Council to establish and administer a grant

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program utilizing the contributions that are paid

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by persons who obtain the license plate, and to

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eliminate the provision in the Special Vehicle Law

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that permits owners of certain off-highway

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motorcycles and all-purpose vehicles to register

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the motorcycles and vehicles by presenting

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affidavits of ownership rather than certificates

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of title.

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

Section 1.  That sections 1505.11 and 4519.03 be amended and	14
sections 1505.12, 1505.13, and 4503.515 of the Revised Code be	15
enacted to read as follows:	16

Sec. 1505.11. (A) There is hereby created in the department	17
of natural resources the Ohio geology advisory council consisting	18
of seven members to be appointed by the governor with the advice	19
and consent of the senate. No more than four of the members shall	20
be of the same political party. Members shall be persons who have	21
a demonstrated interest in the geology and mineral resources of	22
this state and whose expertise reflects the various	23
responsibilities of the division of geological survey. The council	24
shall include at least one representative from each of the	25
following: the oil and gas industry, the industrial minerals	26
industry, the coal industry, hydrogeology interests, environmental	27
geology interests, and an institution of higher education in this	28
state. The chief of the division of geological survey may	29
participate in the deliberations of the council, but shall not	30
vote.	31

Within ninety days after May 3, 1990, the governor shall make	32
initial appointments to the council. Of the initial appointments,	33
three shall be for a term ending one year after May 3, 1990, three	34
shall be for a term ending two years after May 3, 1990, and one	35
shall be for a term ending three years after May 3, 1990.	36
Thereafter, terms of office shall be for three years, with each	37
term ending on the same day of the same month as did the term that	38
it succeeds. Members may be reappointed. The governor may remove	39
any member at any time for inefficiency, neglect of duty, or	40
malfeasance in office. Vacancies shall be filled in the manner	41
provided for original appointments. Any member appointed to fill a	42
vacancy prior to the expiration date of the term for which the	43
member's predecessor was appointed shall hold office as a member	44
for the remainder of that term. A member shall continue in office	45
subsequent to the expiration date of the member's term until the	46
member's successor takes office or until a period of sixty days	47
has elapsed, whichever occurs first.	48

Serving as an appointed member on the council does not	49
constitute holding a public office or position of employment under	50
the laws of this state and does not constitute grounds for removal	51
of public officers or employees from their offices or positions of	52
employment.	53

Members shall serve without compensation, but shall be	54
reimbursed for their actual and necessary expenses incurred in the	55
performance of their official duties from moneys appropriated to	56
the division.	57

The council annually shall select from its members a	58
chairperson and a vice-chairperson. The council shall hold at	59
least one meeting each calendar quarter and shall keep a record of	60
its proceedings, which shall be open to public inspection. Special	61
meetings may be called by the chairperson and shall be called upon	62
the written request of two or more members. A majority of the	63
members constitutes a quorum. The division shall furnish clerical,	64
technical, legal, and other services required by the council in	65
the performance of its duties.	66

(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	68
division under this chapter;	69

(B)(2) Recommend policy and legislation with respect to	70
geology, resource analysis, and management that will promote the	71
economic and industrial development of the state while minimizing	72
threats to the natural environment of the state;	73

(C)(3) Review and make recommendations on the development of	74
plans and programs for long-term, comprehensive geologic mapping	75
and analysis throughout the state;	76

(D)(4) Recommend ways to enhance cooperation among	77
governmental agencies having an interest in the geology of the	78
state to encourage wise use and management of the geology and	79
mineral resources of the state. To this end, the council shall	80
request nonvoting representation from appropriate governmental	81
agencies.	82

(E)(5) Review and make recommendations with respect to	83
changes in the fee schedules established in rules adopted under	84
section 1505.05 of the Revised Code.	85

(6) Establish and administer the grant program as described	86
in section 1505.12 of the Revised Code.	87

Sec. 1505.12.  The Ohio geology advisory council shall	88
establish a grant program utilizing the contributions that are	89
paid to the bureau of motor vehicles by persons who obtain "Ohio	90
geology" license plates pursuant to section 4503.515 of the	91
Revised Code and are deposited into the "Ohio geology" license	92
plate fund created by section 1505.13 of the Revised Code. The	93
primary purpose of the program shall be the awarding of grants by	94
the council to geology departments of colleges and universities	95
located in this state for graduate level research conducted at	96
locations of geological interest in this state. Subject to the	97
amount of money in the fund, the secondary purpose of the program	98
shall be to provide materials such as rock and mineral kits to	99
elementary and secondary schools in this state to assist students	100
at those schools in the study of geology.	101

The council shall award grants at least annually and, in its	102
discretion, may award grants on a more frequent basis.	103

Sec. 1505.13.  There is hereby created in the state treasury	104
the "Ohio geology" license plate fund. The fund shall consist of	105
the contributions that are paid to the bureau of motor vehicles by	106
applicants who choose to obtain "Ohio geology" license plates	107
pursuant to section 4503.515 of the Revised Code.	108

The contributions deposited into the fund shall be used by	109
the Ohio geology advisory council in the manner described in	110
section 1505.12 of the Revised Code.	111

Sec. 4503.515.  (A) The owner or lessee of any passenger car,	112
noncommercial motor vehicle, recreational vehicle, or other	113
vehicle of a class approved by the registrar of motor vehicles may	114
apply to the registrar for the registration of the vehicle and	115
issuance of "Ohio geology" license plates. The application may be	116
combined with a request for a special reserved license plate under	117
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	118
the completed application and compliance by the applicant with	119
divisions (B) and (C) of this section, the registrar shall issue	120
to the applicant the appropriate vehicle registration and a set of	121
"Ohio geology" license plates and a validation sticker, or a	122
validation sticker alone when required by section 4503.191 of the	123
Revised Code.	124

In addition to the letters and numbers ordinarily inscribed	125
on the license plates, "Ohio geology" license plates shall bear an	126
appropriate logo and words selected by the Ohio geology advisory	127
council and approved by the registrar. "Ohio geology" license	128
plates shall display county identification stickers that identify	129
the county of registration by name or number.	130

(B) "Ohio geology" license plates and a validation sticker,	131
or validation sticker alone, shall be issued upon receipt of an	132
application for registration of a motor vehicle under this	133
section; payment of the regular license tax as prescribed under	134
section 4503.04 of the Revised Code, any applicable motor vehicle	135
license tax levied under Chapter 4504. of the Revised Code, any	136
applicable additional fee prescribed by section 4503.40 or 4503.42	137
of the Revised Code, an additional fee of fifteen dollars, and a	138
contribution as provided in division (C) of this section; and	139
compliance with all other applicable laws relating to the	140
registration of motor vehicles.	141

(C) For each application for registration and registration	142
renewal notice the registrar receives under this section, the	143
registrar shall collect a contribution of fifteen dollars. The	144
registrar shall transmit this contribution to the treasurer of	145
state for deposit into the state treasury to the credit of the	146
"Ohio geology" license plate fund created by section 1505.13 of	147
the Revised Code.	148

The registrar shall transmit the additional fee of ten	149
dollars, the purpose of which is to compensate the bureau of motor	150
vehicles for the additional services required in the issuing of	151
"Ohio geology" license plates, to the treasurer of state for	152
deposit into the state treasury to the credit of the state bureau	153
of motor vehicles fund created by section 4501.25 of the Revised	154
Code.	155

Sec. 4519.03.  (A) The owner of every snowmobile, off-highway	156
motorcycle, and all-purpose vehicle required to be registered	157
under section 4519.02 of the Revised Code shall file an	158
application for registration with the registrar of motor vehicles	159
or a deputy registrar, on blanks furnished by the registrar for	160
that purpose and containing all of the following information:	161

(1) A brief description of the snowmobile, off-highway	162
motorcycle, or all-purpose vehicle, including the year, make,	163
model, and the vehicle identification number;	164

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

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(3) A statement that the snowmobile, off-highway motorcycle,	166
or all-purpose vehicle is equipped as required by section 4519.20	167
of the Revised Code and any rule adopted under that section. The	168
statement shall include a check list of the required equipment	169
items in the form the registrar shall prescribe.	170

The application shall be signed by the owner of the	171
snowmobile, off-highway motorcycle, or all-purpose vehicle and	172
shall be accompanied by a fee as provided in division (C) of	173
section 4519.04 of the Revised Code.	174

If the application is not in proper form, or if the vehicle	175
for which registration is sought does not appear to be equipped as	176
required by section 4519.20 of the Revised Code or any rule	177
adopted under that section, the registration shall be refused, and	178
no registration sticker, license plate, or validation sticker	179
shall be issued.	180

(B) Except as provided in this division, noNo certificate of	181
registration or renewal of a certificate of registration shall be	182
issued for an off-highway motorcycle or all-purpose vehicle	183
required to be registered under section 4519.02 of the Revised	184
Code, and no certificate of registration issued under this chapter	185
for an off-highway motorcycle or all-purpose vehicle that is sold	186
or otherwise transferred shall be transferred to the new owner of	187
the off-highway motorcycle or all-purpose vehicle as permitted by	188
division (B) of section 4519.05 of the Revised Code, unless a	189
certificate of title has been issued under this chapter for the	190
motorcycle or vehicle, and the owner or new owner, as the case may	191
be, presents a physical certificate of title or memorandum	192
certificate of title for inspection at the time the owner or new	193
owner first submits a registration application, registration	194
renewal application, or registration transfer application for the	195
motorcycle or vehicle if a physical certificate of title or	196
memorandum certificate has been issued by a clerk of a court of	197
common pleas. If, under sections 4519.512 and 4519.58 of the	198
Revised Code, a clerk instead has issued an electronic certificate	199
of title for the applicant's off-highway motorcycle or all-purpose	200
vehicle, that certificate may be presented for inspection at the	201
time of first registration in a manner prescribed by rules adopted	202
by the registrar. In the case of an off-highway motorcycle or	203
all-purpose vehicle that was purchased prior to October 1, 2005,	204
and for which a certificate of title has not been issued, the	205
owner shall not be required to present a physical certificate of	206
title or memorandum certificate of title or an electronic	207
certificate of title for the motorcycle or vehicle but instead may	208
present a signed affidavit of ownership in a form prescribed by	209
the registrar. The affidavit shall include, at a minimum, the date	210
of purchase, make, model, and vehicle identification number of the	211
motorcycle or vehicle. If no vehicle identification number has	212
been assigned to the off-highway motorcycle or all-purpose	213
vehicle, then the serial number of the motorcycle or vehicle shall	214
be presented at the time of application.	215

(C) When the owner of an off-highway motorcycle or	216
all-purpose vehicle first registers it in the owner's name, and a	217
certificate of title has been issued for the motorcycle or	218
vehicle, the owner shall present for inspection a physical	219
certificate of title or memorandum certificate of title showing	220
title to the off-highway motorcycle or all-purpose vehicle in the	221
name of the owner if a physical certificate of title or memorandum	222
certificate has been issued by a clerk of a court of common pleas.	223
If, under sections 4519.512 and 4519.58 of the Revised Code, a	224
clerk instead has issued an electronic certificate of title for	225
the applicant's off-highway motorcycle or all-purpose vehicle,	226
that certificate may be presented for inspection at the time of	227
first registration in a manner prescribed by rules adopted by the	228
registrar. In the case of an off-highway motorcycle or all-purpose	229
vehicle that was purchased prior to October 1, 2005, and for which	230
a certificate of title has not been issued, the owner shall not be	231
required to present a physical certificate of title or memorandum	232
certificate of title or an electronic certificate of title for the	233
motorcycle or vehicle but instead may present a signed affidavit	234
of ownership in a form prescribed by the registrar. The affidavit	235
shall include, at a minimum, the date of purchase, make, model,	236
and vehicle identification number of the motorcycle or vehicle. If	237
no vehicle identification number has been assigned to the	238
off-highway motorcycle or all-purpose vehicle, then the serial	239
number of the motorcycle or vehicle shall be presented at the time	240
of application. If, when the owner of such an off-highway	241
motorcycle or all-purpose vehicle first makes application to	242
register it in the owner's name, the application is not in proper	243
form or the certificate of title or memorandum certificate of	244
title does not accompany the registration or, in the case of an	245
electronic certificate of title or ownership affidavit, it is not	246
presented in a manner prescribed by the registrar, the	247
registration shall be refused, and neither a certificate of	248
registration nor a registration sticker, license plate, or	249
validation sticker shall be issued. When a certificate of	250
registration and registration sticker, license plate, or	251
validation sticker are issued upon the first registration of an	252
off-highway motorcycle or all-purpose vehicle by or on behalf of	253
the owner, the official issuing them shall indicate the issuance	254
with a stamp on the certificate of title,or memorandum	255
certificate of title, or affidavit, or, in the case of an	256
electronic certificate of title, an electronic stamp or other	257
notation as specified in rules adopted by the registrar.	258

(D) Each deputy registrar shall be allowed a fee of three	259
dollars and fifty cents for each application or renewal	260
application received by the deputy registrar, which shall be for	261
the purpose of compensating the deputy registrar for services, and	262
office and rental expense, as may be necessary for the proper	263
discharge of the deputy registrar's duties in the receiving of	264
applications and the issuing of certificates of registration.	265

Each deputy registrar, upon receipt of any application for	266
registration, together with the registration fee, shall transmit	267
the fee, together with the original and duplicate copy of the	268
application, to the registrar in the manner and at the times the	269
registrar, subject to the approval of the director of public	270
safety and the treasurer of state, shall prescribe by rule.	271

Section 2.  That existing sections 1505.11 and 4519.03 of the	272
Revised Code are hereby repealed.	273