The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. S. B. No. 179 As Enrolled
(129th General Assembly)
(Substitute Senate Bill Number 179)
AN ACT
To amend sections 1505.11, 4511.101, 4519.03, and
5533.941 and to enact sections 1505.12, 1505.13,
and 4503.515 of the Revised Code to create the
"Ohio Geology" license plate, to require the Ohio
Geology Advisory Council to establish and
administer a grant program utilizing the
contributions that are paid by persons who obtain
the license plate, to eliminate the provision in
the Special Vehicle Law that permits owners of
certain off-highway motorcycles and all-purpose
vehicles to register the motorcycles and vehicles
by presenting affidavits of ownership rather than
certificates of title, to relocate the portion of
State Route 170 designated as the "Cpl. Kenneth
Tyler Butler Memorial Highway," and 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 sections 1505.11, 4511.101, 4519.03, and
5533.941 be amended and sections 1505.12, 1505.13, and 4503.515 of
the Revised Code be enacted to read as follows:
Sec. 1505.11. (A) There is hereby created in the department
of natural resources the Ohio geology advisory council consisting
of seven members to be appointed by the governor with the advice
and consent of the senate. No more than four of the members shall
be of the same political party. Members shall be persons who have
a demonstrated interest in the geology and mineral resources of
this state and whose expertise reflects the various
responsibilities of the division of geological survey. The council
shall include at least one representative from each of the
following: the oil and gas industry, the industrial minerals
industry, the coal industry, hydrogeology interests, environmental
geology interests, and an institution of higher education in this
state. The chief of the division of geological survey may
participate in the deliberations of the council, but shall not
vote.
Within ninety days after May 3, 1990, the governor shall make
initial appointments to the council. Of the initial appointments,
three shall be for a term ending one year after May 3, 1990, three
shall be for a term ending two years after May 3, 1990, and one
shall be for a term ending three years after May 3, 1990.
Thereafter, terms of office shall be for three years, with each
term ending on the same day of the same month as did the term that
it succeeds. Members may be reappointed. The governor may remove
any member at any time for inefficiency, neglect of duty, or
malfeasance in office. Vacancies shall be filled in the manner
provided for original appointments. Any member appointed to fill a
vacancy prior to the expiration date of the term for which the
member's predecessor was appointed shall hold office as a member
for the remainder of that term. A member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office or until a period of sixty days
has elapsed, whichever occurs first.
Serving as an appointed member on the council does not
constitute holding a public office or position of employment under
the laws of this state and does not constitute grounds for removal
of public officers or employees from their offices or positions of
employment.
Members shall serve without compensation, but shall be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties from moneys appropriated to
the division.
The council annually shall select from its members a
chairperson and a vice-chairperson. The council shall hold at
least one meeting each calendar quarter and shall keep a record of
its proceedings, which shall be open to public inspection. Special
meetings may be called by the chairperson and shall be called upon
the written request of two or more members. A majority of the
members constitutes a quorum. The division shall furnish clerical,
technical, legal, and other services required by the council in
the performance of its duties.
(B) The council shall do all of the following:
(A)(1) Advise the chief in carrying out the duties of the
division under this chapter;
(B)(2) Recommend policy and legislation with respect to
geology, resource analysis, and management that will promote the
economic and industrial development of the state while minimizing
threats to the natural environment of the state;
(C)(3) Review and make recommendations on the development of
plans and programs for long-term, comprehensive geologic mapping
and analysis throughout the state;
(D)(4) Recommend ways to enhance cooperation among
governmental agencies having an interest in the geology of the
state to encourage wise use and management of the geology and
mineral resources of the state. To this end, the council shall
request nonvoting representation from appropriate governmental
agencies.
(E)(5) Review and make recommendations with respect to
changes in the fee schedules established in rules adopted under
section 1505.05 of the Revised Code.
(6) Establish and administer the grant program as described
in section 1505.12 of the Revised Code.
Sec. 1505.12. The Ohio geology advisory council shall
establish a grant program utilizing the contributions that are
paid to the bureau of motor vehicles by persons who obtain "Ohio
geology" license plates pursuant to section 4503.515 of the
Revised Code and are deposited into the "Ohio geology" license
plate fund created by section 1505.13 of the Revised Code. The
primary purpose of the program shall be the awarding of grants by
the council to geology departments of colleges and universities
located in this state for graduate level research conducted at
locations of geological interest in this state. Subject to the
amount of money in the fund, the secondary purpose of the program
shall be to provide materials such as rock and mineral kits to
elementary and secondary schools in this state to assist students
at those schools in the study of geology.
The council shall award grants at least annually and, in its
discretion, may award grants on a more frequent basis.
Sec. 1505.13. There is hereby created in the state treasury
the "Ohio geology" license plate fund. The fund shall consist of
the contributions that are paid to the bureau of motor vehicles by
applicants who choose to obtain "Ohio geology" license plates
pursuant to section 4503.515 of the Revised Code.
The contributions deposited into the fund shall be used by
the Ohio geology advisory council in the manner described in
section 1505.12 of the Revised Code.
Sec. 4503.515. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other
vehicle of a class approved by the registrar of motor vehicles may
apply to the registrar for the registration of the vehicle and
issuance of "Ohio geology" license plates. The application may be
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of
the completed application and compliance by the applicant with
divisions (B) and (C) of this section, the registrar shall issue
to the applicant the appropriate vehicle registration and a set of
"Ohio geology" license plates and a validation sticker, or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, "Ohio geology" license plates shall bear an
appropriate logo and words selected by the Ohio geology advisory
council and approved by the registrar. "Ohio geology" license
plates shall display county identification stickers that identify
the county of registration by name or number.
(B) "Ohio geology" license plates and a validation sticker,
or validation sticker alone, shall be issued upon receipt of an
application for registration of a motor vehicle under this
section; payment of the regular license tax as prescribed under
section 4503.04 of the Revised Code, any applicable motor vehicle
license tax levied under Chapter 4504. of the Revised Code, any
applicable additional fee prescribed by section 4503.40 or 4503.42
of the Revised Code, an additional fee of ten dollars, and a
contribution as provided in division (C) of this section; and
compliance with all other applicable laws relating to the
registration of motor vehicles.
(C) For each application for registration and registration
renewal notice the registrar receives under this section, the
registrar shall collect a contribution of fifteen dollars. The
registrar shall transmit this contribution to the treasurer of
state for deposit into the state treasury to the credit of the
"Ohio geology" license plate fund created by section 1505.13 of
the Revised Code.
The registrar shall transmit the additional fee of ten
dollars, the purpose of which is to compensate the bureau of motor
vehicles for the additional services required in the issuing of
"Ohio geology" license plates, to the treasurer of state for
deposit into the state treasury to the credit of the state bureau
of motor vehicles fund created by section 4501.25 of the Revised
Code.
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.
Sec. 4519.03. (A) The owner of every snowmobile, off-highway
motorcycle, and all-purpose vehicle required to be registered
under section 4519.02 of the Revised Code shall file an
application for registration with the registrar of motor vehicles
or a deputy registrar, on blanks furnished by the registrar for
that purpose and containing all of the following information:
(1) A brief description of the snowmobile, off-highway
motorcycle, or all-purpose vehicle, including the year, make,
model, and the vehicle identification number;
(2) The name, residence, and business address of the owner;
(3) A statement that the snowmobile, off-highway motorcycle,
or all-purpose vehicle is equipped as required by section 4519.20
of the Revised Code and any rule adopted under that section. The
statement shall include a check list of the required equipment
items in the form the registrar shall prescribe.
The application shall be signed by the owner of the
snowmobile, off-highway motorcycle, or all-purpose vehicle and
shall be accompanied by a fee as provided in division (C) of
section 4519.04 of the Revised Code.
If the application is not in proper form, or if the vehicle
for which registration is sought does not appear to be equipped as
required by section 4519.20 of the Revised Code or any rule
adopted under that section, the registration shall be refused, and
no registration sticker, license plate, or validation sticker
shall be issued.
(B) Except as provided in this division, no
No certificate of
registration or renewal of a certificate of registration shall be
issued for an off-highway motorcycle or all-purpose vehicle
required to be registered under section 4519.02 of the Revised
Code, and no certificate of registration issued under this chapter
for an off-highway motorcycle or all-purpose vehicle that is sold
or otherwise transferred shall be transferred to the new owner of
the off-highway motorcycle or all-purpose vehicle as permitted by
division (B) of section 4519.05 of the Revised Code, unless a
certificate of title has been issued under this chapter for the
motorcycle or vehicle, and the owner or new owner, as the case may
be, presents a physical certificate of title or memorandum
certificate of title for inspection at the time the owner or new
owner first submits a registration application, registration
renewal application, or registration transfer application for the
motorcycle or vehicle if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4519.512 and 4519.58 of the
Revised Code, a clerk instead has issued an electronic certificate
of title for the applicant's off-highway motorcycle or all-purpose
vehicle, that certificate may be presented for inspection at the
time of first registration in a manner prescribed by rules adopted
by the registrar.
In the case of an off-highway motorcycle or
all-purpose vehicle that was purchased prior to October 1, 2005,
and for which a certificate of title has not been issued, the
owner shall not be required to present a physical certificate of
title or memorandum certificate of title or an electronic
certificate of title for the motorcycle or vehicle but instead may
present a signed affidavit of ownership in a form prescribed by
the registrar. The affidavit shall include, at a minimum, the date
of purchase, make, model, and vehicle identification number of the
motorcycle or vehicle. If no vehicle identification number has
been assigned to the off-highway motorcycle or all-purpose
vehicle, then the serial number of the motorcycle or vehicle shall
be presented at the time of application.
(C) When the owner of an off-highway motorcycle or
all-purpose vehicle first registers it in the owner's name, and a
certificate of title has been issued for the motorcycle or
vehicle, the owner shall present for inspection a physical
certificate of title or memorandum certificate of title showing
title to the off-highway motorcycle or all-purpose vehicle in the
name of the owner if a physical certificate of title or memorandum
certificate has been issued by a clerk of a court of common pleas.
If, under sections 4519.512 and 4519.58 of the Revised Code, a
clerk instead has issued an electronic certificate of title for
the applicant's off-highway motorcycle or all-purpose vehicle,
that certificate may be presented for inspection at the time of
first registration in a manner prescribed by rules adopted by the
registrar. In the case of an off-highway motorcycle or all-purpose
vehicle that was purchased prior to October 1, 2005, and for which
a certificate of title has not been issued, the owner shall not be
required to present a physical certificate of title or memorandum
certificate of title or an electronic certificate of title for the
motorcycle or vehicle but instead may present a signed affidavit
of ownership in a form prescribed by the registrar. The affidavit
shall include, at a minimum, the date of purchase, make, model,
and vehicle identification number of the motorcycle or vehicle. If
no vehicle identification number has been assigned to the
off-highway motorcycle or all-purpose vehicle, then the serial
number of the motorcycle or vehicle shall be presented at the time
of application. If, when the owner of such an off-highway
motorcycle or all-purpose vehicle first makes application to
register it in the owner's name, the application is not in proper
form or the certificate of title or memorandum certificate of
title does not accompany the registration or, in the case of an
electronic certificate of title or ownership affidavit, it is not
presented in a manner prescribed by the registrar, the
registration shall be refused, and neither a certificate of
registration nor a registration sticker, license plate, or
validation sticker shall be issued. When a certificate of
registration and registration sticker, license plate, or
validation sticker are issued upon the first registration of an
off-highway motorcycle or all-purpose vehicle by or on behalf of
the owner, the official issuing them shall indicate the issuance
with a stamp on the certificate of title, or memorandum
certificate of title, or affidavit, or, in the case of an
electronic certificate of title, an electronic stamp or other
notation as specified in rules adopted by the registrar.
(D) Each deputy registrar shall be allowed a fee of three
dollars and fifty cents for each application or renewal
application received by the deputy registrar, which shall be for
the purpose of compensating the deputy registrar for services, and
office and rental expense, as may be necessary for the proper
discharge of the deputy registrar's duties in the receiving of
applications and the issuing of certificates of registration.
Each deputy registrar, upon receipt of any application for
registration, together with the registration fee, shall transmit
the fee, together with the original and duplicate copy of the
application, to the registrar in the manner and at the times the
registrar, subject to the approval of the director of public
safety and the treasurer of state, shall prescribe by rule.
Sec. 5533.941. That part of the road known as state route
number one hundred seventy, from within the municipal corporation
of Calcutta in Columbiana county and extending in a northeasterly
direction to the intersection of that state route and the road
known as Duke Vodrey road only, shall be known as the "Cpl.
Kenneth Tyler Butler Memorial Highway."
The director of transportation may erect suitable markers
along the highway indicating its name.
SECTION 2. That existing sections 1505.11, 4511.101,
4519.03, and 5533.941 of the Revised Code are hereby repealed.
|