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H. B. No. 448 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend section 4511.101 of the Revised Code to
require the Director of Transportation to
establish the business logo sign program and its
fees by rule.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.101 of the Revised Code be
amended to read as follows:
Sec. 4511.101. (A) The director of transportation, in
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,
and by rule adopted pursuant to Chapter 119. of the Revised Code,
shall establish a program for the placement of business logos for
identification purposes on state directional signs within the
rights-of-way of divided, multi-lane, limited access highways in
both rural and urban areas.
(B)(1) The director, by rule adopted pursuant to Chapter 119.
of the Revised Code, shall establish, and may revise at any time,
a fee for participation in the business logo sign program. All
direct and indirect costs of the business logo sign program
established pursuant to this section shall be fully paid by the
businesses applying for participation in the program. The direct
and indirect costs of the program shall include, but not be
limited to, the cost of capital, directional signs, blanks, posts,
logos, installation, repair, engineering, design, insurance,
removal, replacement, and administration.
(2) Money generated from participating businesses in excess
of the direct and indirect costs and any reasonable profit earned
by a person awarded a contract under division (C) of this section
shall be remitted to the department.
(3) Nothing in this chapter shall be construed to prohibit
the director from establishing such a program. If the department
operates such a program and does not contract with a private
person to operate it, all money collected from participating
businesses shall be deposited and credited as prescribed in
division (B)(2) of this section.
(C) The director, in accordance with rules adopted pursuant
to Chapter 119. of the Revised Code, may contract with any private
person to operate, maintain, or market the business logo sign
program. The contract may allow for a reasonable profit to be
earned by the successful applicant. In awarding the contract, the
director shall consider the skill, expertise, prior experience,
and other qualifications of each applicant.
(D) As used in this section, "urban area" means an area
having a population of fifty thousand or more according to the
most recent federal census and designated as such on urban maps
prepared by the department.
(E) In implementing this section, neither the department nor
the director shall do either of the following:
(1) Limit the right of any person to erect, maintain, repair,
remove, or utilize any off-premises or on-premises advertising
device;
(2) Make participation in the business logo sign program
conditional upon a business agreeing to limit, discontinue,
withdraw, modify, alter, or change any advertising or sign.
(F) The program shall permit the business logo signs of a
seller of motor vehicle fuel to include on the seller's signs a
marking or symbol indicating that the seller sells one or more
types of alternative fuel so long as the seller in fact sells that
fuel.
As used in this division, "alternative fuel" has the same
meaning as in section 125.831 of the Revised Code.
Section 2. That existing section 4511.101 of the Revised Code
is hereby repealed.
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