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Am. Sub. S. B. No. 181 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Jones, LaRose, Patton, Sawyer, Tavares, Turner, Bacon, Balderson, Beagle, Coley, Daniels, Hite, Hughes, Lehner, Manning, Obhof, Oelslager, Widener
A BILL
To amend sections 127.16, 149.54, 317.08, 1506.30,
and 3714.03, to enact sections 149.307 and
4503.95, and to repeal sections 149.51 and 149.55
of the Revised Code to implement recommendations
of the Ohio Legislative Commission on the
Education and Preservation of State History.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 127.16, 149.54, 317.08, 1506.30,
and 3714.03 be amended and that sections 149.307 and 4503.95 of
the Revised Code be enacted to read as follows:
Sec. 127.16. (A) Upon the request of either a state agency
or the director of budget and management and after the controlling
board determines that an emergency or a sufficient economic reason
exists, the controlling board may approve the making of a purchase
without competitive selection as provided in division (B) of this
section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that would
amount to fifty thousand dollars or more when combined with both
the amount of all disbursements to the supplier during the fiscal
year for purchases made by the agency and the amount of all
outstanding encumbrances for purchases made by the agency from the
supplier, unless the purchase is made by competitive selection or
with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the supplier
during the fiscal year for real estate leases made by the agency
and the amount of all outstanding encumbrances for real estate
leases made by the agency from the supplier, unless the lease is
made by competitive selection or with the approval of the
controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized records
of the amounts of money spent under each contract and annually
files those records with the clerk of the house of representatives
and the clerk of the senate following the close of the fair;
(5) Limiting the authority of the chief of the division of
mineral resources management to contract for reclamation work with
an operator mining adjacent land as provided in section 1513.27 of
the Revised Code;
(6) Applying to investment transactions and procedures of any
state agency, except that the agency shall file with the board the
name of any person with whom the agency contracts to make, broker,
service, or otherwise manage its investments, as well as the
commission, rate, or schedule of charges of such person with
respect to any investment transactions to be undertaken on behalf
of the agency. The filing shall be in a form and at such times as
the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation services
commission of services, or supplies, that are provided to persons
with disabilities, or to purchases made by the commission in
connection with the eligibility determinations it makes for
applicants of programs administered by the social security
administration;
(9) Applying to payments by the department of job and family
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of the
state government;
(11) Applying to agreements or contracts entered into under
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the
Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals, pamphlets,
newspapers, maintenance subscriptions, and other published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education or the
Ohio historical society;
(24) Limiting the authority of the director of environmental
protection to enter into contracts under division (D) of section
3745.14 of the Revised Code to conduct compliance reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit agency
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of
the Revised Code;
(26) Applying to payments by the department of job and family
services to the United States department of health and human
services for printing and mailing notices pertaining to the tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department of
developmental disabilities under section 5123.18 of the Revised
Code;
(28) Applying to payments made by the department of mental
health under a physician recruitment program authorized by section
5119.101 of the Revised Code;
(29) Applying to contracts entered into with persons by the
director of commerce for unclaimed funds collection and remittance
efforts as provided in division (F) of section 169.03 of the
Revised Code. The director shall keep an itemized accounting of
unclaimed funds collected by those persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher education in accordance with the terms of a contract
between the vendor and an inter-university purchasing group
comprised of purchasing officers of state institutions of higher
education;
(31) Applying to the department of job and family services'
purchases of health assistance services under the children's
health insurance program part I provided for under section 5101.50
of the Revised Code, the children's health insurance program part
II provided for under section 5101.51 of the Revised Code, or the
children's health insurance program part III provided for under
section 5101.52 of the Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code;
(33) Applying to contracts with a contracting authority or
administrative receiver under division (B) of section 5126.056 of
the Revised Code;
(34) Applying to purchases of goods and services by the
department of veterans services in accordance with the terms of
contracts entered into by the United States department of veterans
affairs;
(35) Applying to payments by the superintendent of the bureau
of criminal identification and investigation to the federal bureau
of investigation for criminal records checks pursuant to section
109.572 of the Revised Code;
(36) Applying to contracts entered into by the department of
job and family services under section 5111.054 of the Revised
Code;
(37) Applying to payments to the Ohio historical society from
other state agencies.
(E) When determining whether a state agency has reached the
cumulative purchase thresholds established in divisions (B)(1) and
(2) of this section, all of the following purchases by such agency
shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the threshold of division (B)(1) of
this section only, leases of real estate.
(F) As used in this section, "competitive selection,"
"purchase," "supplies," and "services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 149.307. There is hereby created in the state treasury
the "Ohio history" license plate fund. The fund shall consist of
the contributions that are paid to the registrar of motor vehicles
by applicants who choose to obtain "Ohio history" license plates
pursuant to section 4503.95 of the Revised Code.
The contributions deposited in the fund shall be used by the
Ohio historical society to provide grants to historical
organizations located in this state. An organization that receives
a grant under this section shall use the grant only to host
exhibits and increase access to its collection by the public.
The society shall establish and administer all aspects of the
grant program, including eligibility requirements for receiving a
grant under the program. During the four years immediately
following the effective date of this section, the primary focus of
the grant program shall be the commemoration of the
sesquicentennial of the civil war between the United States of
America and the Confederate States of America.
Not later than the last business day of January of each year,
the society shall prepare and submit to the general assembly a
written report, detailing all aspects of the grant program during
the immediately preceding calendar year.
Sec. 149.54. In order to ensure that archaeological survey
and salvage work on public lands, dedicated archaeological
preserves, and registered state archaeological landmarks is
conducted in a scientific manner, the director of the Ohio
historical society shall, in consultation with the Ohio
archaeological council and the archaeological society of Ohio,
adopt and may amend or rescind rules, in accordance with Chapter
119. of the Revised Code, prescribing minimum education, training,
and experience requirements for personnel in charge of or
otherwise engaging in archaeological survey and salvage work, and
prescribing scientific methods for undertaking such activities.
No person shall engage in archaeological survey or salvage
work on any land that is owned, controlled, or administered by the
state or any political subdivision of the state, or at any
archaeological preserve, dedicated under section 149.52 of the
Revised Code, or at any state archaeological landmark registered
under section 149.51 of the Revised Code, without first obtaining
the written permission of the director. To obtain permission, the
applicant shall submit written application to the director, which
application shall indicate the proposed location, the
qualifications of personnel who will be engaged in the
archaeological survey or salvage work, the proposed methods of
survey or salvage, and such other information as the director
requires by rule.
The director shall deny the applicant permission to engage in
archaeological survey or salvage work at the proposed location if
the applicant's proposed undertaking will not comply with the
rules adopted under this section. The director shall by written
order approve or deny permission to disturb the site. If the
director decides to deny permission, the order shall state the
reasons for denial, and the director shall afford the applicant an
adjudication hearing under Chapter 119. of the Revised Code. The
requirements of this section and of any rule adopted pursuant to
this section shall not apply to any department, agency, unit,
instrumentality, or political subdivision of the state.
Whoever violates this section is guilty of a misdemeanor of
the second degree. Whoever violates or threatens to violate this
section may be enjoined from violation.
Sec. 317.08. (A) Except as provided in divisions (C) and (D)
of this section, the county recorder shall keep six separate sets
of records as follows:
(1) A record of deeds, in which shall be recorded all deeds
and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws, and all amendments to declarations and
bylaws, as provided in Chapter 5311. of the Revised Code;
affidavits as provided in sections 5301.252 and 5301.56 of the
Revised Code; all certificates as provided in section 5311.17 of
the Revised Code; all articles dedicating archaeological preserves
accepted by the director of the Ohio historical society under
section 149.52 of the Revised Code; all articles dedicating nature
preserves accepted by the director of natural resources under
section 1517.05 of the Revised Code; all agreements for the
registration of lands as archaeological or historic landmarks
under section 149.51 or 149.55 of the Revised Code; all
conveyances of conservation easements and agricultural easements
under section 5301.68 of the Revised Code; all instruments
extinguishing agricultural easements under section 901.21 or
5301.691 of the Revised Code or pursuant to terms of such an
easement granted to a charitable organization under section
5301.68 of the Revised Code; all instruments or orders described
in division (B)(2)(b) of section 5301.56 of the Revised Code; all
no further action letters issued under section 122.654 or 3746.11
of the Revised Code; all covenants not to sue issued under section
3746.12 of the Revised Code, including all covenants not to sue
issued pursuant to section 122.654 of the Revised Code; any
restrictions on the use of property contained in a no further
action letter issued under section 122.654 of the Revised Code,
any restrictions on the use of property identified pursuant to
division (C)(3)(a) of section 3746.10 of the Revised Code, and any
restrictions on the use of property contained in a deed or other
instrument as provided in division (E) or (F) of section 3737.882
of the Revised Code; any easement executed or granted under
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;
any environmental covenant entered into in accordance with
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of
trust, as described in division (A) of section 5301.255 of the
Revised Code, that describe specific real property; and all
agreements entered into under division (A) of section 1506.44 of
the Revised Code;
(2) A record of mortgages, in which shall be recorded all of
the following:
(a) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered;
(b) All executory installment contracts for the sale of land
executed after September 29, 1961, that by their terms are not
required to be fully performed by one or more of the parties to
them within one year of the date of the contracts;
(c) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity;
(d) Any tax certificate sold under section 5721.33 of the
Revised Code, or memorandum of it, that is presented for filing of
record.
(3) A record of powers of attorney, including all memoranda
of trust, as described in division (A) of section 5301.255 of the
Revised Code, that do not describe specific real property;
(4) A record of plats, in which shall be recorded all plats
and maps of town lots, of the subdivision of town lots, and of
other divisions or surveys of lands, any center line survey of a
highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings and amendments to drawings, as provided in
Chapter 5311. of the Revised Code;
(5) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases;
(6) A record of declarations executed pursuant to section
2133.02 of the Revised Code and durable powers of attorney for
health care executed pursuant to section 1337.12 of the Revised
Code.
(B) All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index, keep,
and record in one volume unemployment compensation liens, internal
revenue tax liens and other liens in favor of the United States as
described in division (A) of section 317.09 of the Revised Code,
personal tax liens, mechanic's liens, agricultural product liens,
notices of liens, certificates of satisfaction or partial release
of estate tax liens, discharges of recognizances, excise and
franchise tax liens on corporations, broker's liens, and liens
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and
5311.18 of the Revised Code.
The recording of an option to purchase real estate, including
any supplement, modification, and amendment of the option, under
this section shall serve as notice to any purchaser of an interest
in the real estate covered by the option only during the period of
the validity of the option as stated in the option.
(C) In lieu of keeping the six separate sets of records
required in divisions (A)(1) to (6) of this section and the
records required in division (D) of this section, a county
recorder may record all the instruments required to be recorded by
this section in two separate sets of record books. One set shall
be called the "official records" and shall contain the instruments
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this
section. The second set of records shall contain the instruments
listed in division (A)(4) of this section.
(D) Except as provided in division (C) of this section, the
county recorder shall keep a separate set of records containing
all corrupt activity lien notices filed with the recorder pursuant
to section 2923.36 of the Revised Code and a separate set of
records containing all medicaid fraud lien notices filed with the
recorder pursuant to section 2933.75 of the Revised Code.
Sec. 1506.30. As used in sections 1506.30 to 1506.36 of the
Revised Code:
(A) "Abandoned property" means a submerged aircraft; a
submerged watercraft, including a ship, boat, canoe, skiff, raft,
or barge; the rigging, gear, fittings, trappings, and equipment of
a submerged aircraft or watercraft; the personal property of the
officers, crew, and passengers of a submerged aircraft or
watercraft; the cargo of a submerged aircraft or watercraft that
has been deserted, relinquished, cast away, or left behind and for
which attempts at reclamation have been abandoned by the owners
and insurers; and submerged materials resulting from activities of
prehistoric and historic native Americans.
(B) "Lake Erie" means that portion of the waters and lands of
Lake Erie belonging to the state as provided in section 1506.10 of
the Revised Code.
(C) "Historical value" means the quality of significance
exemplified by an object, structure, site, or district that is
included in or eligible for inclusion in the state registry of
archaeological landmarks authorized under section 149.51 of the
Revised Code, the state registry of historic landmarks authorized
under section 149.55 of the Revised Code, or the national register
of historic places.
(D) "Marine surveyor" means a person engaged in the business
of mapping or surveying submerged lands and abandoned property.
(E) "Mechanical or other assistance" means all artificial
devices used to raise or remove artifacts from abandoned property,
including pry bars, wrenches and other hand or power tools,
cutting torches, explosives, winches, flotation bags, lines to
surface, extra divers buoyancy devices, and other buoyancy
devices.
(F) "Recreational value" means value relating to an activity
in which the public engages or may engage for recreation or sport,
including scuba diving and fishing, as determined by the director
of natural resources.
Sec. 3714.03. (A) As used in this section:
(1) "Aquifer system" means one or more geologic units or
formations that are wholly or partially saturated with water and
are capable of storing, transmitting, and yielding significant
amounts of water to wells or springs.
(2) "Category 3 wetland" means a wetland that supports
superior habitat or hydrological or recreational functions as
determined by an appropriate wetland evaluation methodology
acceptable to the director of environmental protection. "Category
3 wetland" includes a wetland with high levels of diversity, a
high proportion of native species, and high functional values and
includes, but is not limited to, a wetland that contains or
provides habitat for threatened or endangered species. "Category 3
wetland" may include high quality forested wetlands, including old
growth forested wetlands, mature forested riparian wetlands,
vernal pools, bogs, fens, and wetlands that are scarce regionally.
(3) "Natural area" means either of the following:
(a) An area designated by the director of natural resources
as a wild, scenic, or recreational river under section 1547.81 of
the Revised Code;
(b) An area designated by the United States department of the
interior as a national wild, scenic, or recreational river.
(4) "Occupied dwelling" means a residential dwelling and also
includes a place of worship as defined in section 5104.01 of the
Revised Code, a child day-care center as defined in that section,
a hospital as defined in section 3727.01 of the Revised Code, a
nursing home as defined in that section, a school, and a
restaurant or other eating establishment. "Occupied dwelling" does
not include a dwelling owned or controlled by the owner or
operator of a construction and demolition debris facility to which
the siting criteria established under this section are being
applied.
(5) "Residential dwelling" means a building used or intended
to be used in whole or in part as a personal residence by the
owner, part-time owner, or lessee of the building or any person
authorized by the owner, part-time owner, or lessee to use the
building as a personal residence.
(B) Neither the director of environmental protection nor any
board of health shall issue a permit to install under section
3714.051 of the Revised Code to establish a new construction and
demolition debris facility when any portion of the facility is
proposed to be located in either of the following locations:
(1) Within the boundaries of a one-hundred-year flood plain,
as those boundaries are shown on the applicable maps prepared
under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42
U.S.C.A. 4001, as amended, unless the owner or operator has
obtained an exemption from division (B)(1) of this section in
accordance with section 3714.04 of the Revised Code. If no such
maps have been prepared, the boundaries of a one-hundred-year
flood plain shall be determined by the applicant for a permit
based upon standard methodologies set forth in "urban hydrology
for small watersheds" (soil conservation service technical release
number 55) and section 4 of the "national engineering hydrology
handbook" of the soil conservation service of the United States
department of agriculture.
(2) Within the boundaries of a sole source aquifer designated
by the administrator of the United States environmental protection
agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974),
42 U.S.C.A. 300f, as amended.
(C) Neither the director nor any board shall issue a permit
to install under section 3714.051 of the Revised Code to establish
a new construction and demolition debris facility when the
horizontal limits of construction and demolition debris placement
at the new facility are proposed to be located in any of the
following locations:
(1) Within one hundred feet of a perennial stream as defined
by the United States geological survey seven and one-half minute
quadrangle map or a category 3 wetland;
(2) Within one hundred feet of the facility's property line;
(3)(a) Except as provided in division (C)(3)(b) of this
section, within five hundred feet of a residential or public water
supply well.
(b) Division (C)(3)(a) of this section does not apply to a
residential well under any of the circumstances specified in
divisions (C)(3)(b)(i) to (iii) of this section as follows:
(i) The well is controlled by the owner or operator of the
construction and demolition debris facility.
(ii) The well is hydrologically separated from the horizontal
limits of construction and demolition debris placement.
(iii) The well is at least three hundred feet upgradient from
the horizontal limits of construction and demolition debris
placement and division (D) of this section does not prohibit the
issuance of the permit to install.
(4) Within five hundred feet of a park created or operated
pursuant to section 301.26, 511.18, 755.08, 1545.04, or 1545.041
of the Revised Code, a state park established or dedicated under
Chapter 1541. of the Revised Code, a state park purchase area
established under section 1541.02 of the Revised Code, a national
recreation area, any unit of the national park system, or any
property that lies within the boundaries of a national park or
recreation area, but that has not been acquired or is not
administered by the secretary of the United States department of
the interior, located in this state, or any area located in this
state that is recommended by the secretary for study for potential
inclusion in the national park system in accordance with "The Act
of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;
(5) Within five hundred feet of a natural area, any area
established by the department of natural resources as a state
wildlife area under Chapter 1531. of the Revised Code and rules
adopted under it, any area that is formally dedicated as a nature
preserve under section 1517.05 of the Revised Code, or any area
designated by the United States department of the interior as a
national wildlife refuge;
(6) Within five hundred feet of a lake or reservoir of one
acre or more that is hydrogeologically connected to ground water.
For purposes of division (C)(6) of this section, a lake or
reservoir does not include a body of water constructed and used
for purposes of surface water drainage or sediment control.
(7) Within five hundred feet of a state forest purchased or
otherwise acquired under Chapter 1503. of the Revised Code;
(8) Within five hundred feet of land that is placed on the
state registry of historic landmarks under section 149.55 of the
Revised Code;
(9) Within five hundred feet of an occupied dwelling unless
written permission is given by the owner of the dwelling.
(D) Neither the director nor any board shall issue a permit
to install under section 3714.051 of the Revised Code to establish
a new construction and demolition debris facility when the limits
of construction and demolition debris placement at the new
facility are proposed to have an isolation distance of less than
five feet from the uppermost aquifer system that consists of
material that has a maximum hydraulic conductivity of 1 x 10-5
cm/sec and all of the geologic material comprising the isolation
distance has a hydraulic conductivity equivalent to or less than 1
x 10-6 cm/sec.
(E) Neither the director nor any board shall issue a permit
to install under section 3714.051 of the Revised Code to establish
a new construction and demolition debris facility when the road
that is designated by the owner or operator as the main hauling
road at the facility to and from the limits of construction and
demolition debris placement is proposed to be located within five
hundred feet of an occupied dwelling unless written permission is
given by the owner of the occupied dwelling.
(F) Neither the director nor any board shall issue a permit
to install under section 3714.051 of the Revised Code to establish
a new construction and demolition debris facility unless the new
facility will have all of the following:
(1) Access roads that shall be constructed in a manner that
allows use in all weather conditions and will withstand the
anticipated degree of use and minimize erosion and generation of
dust;
(2) Surface water drainage and sediment controls that are
required by the director;
(3) If the facility is proposed to be located in an area in
which an applicable zoning resolution allows residential
construction, vegetated earthen berms or an equivalent barrier
with a minimum height of six feet separating the facility from
adjoining property.
(G)(1) The siting criteria established in this section shall
be applied to an application for a permit to install at the time
that the application is submitted to the director or a board of
health, as applicable. Circumstances related to the siting
criteria that change after the application is submitted shall not
be considered in approving or disapproving the application.
(2) The siting criteria established in this section by this
amendment do not apply to an expansion of a construction and
demolition debris facility that was in operation prior to December
22, 2005, onto property within the property boundaries identified
in the application for the initial license for that facility or
any subsequent license issued for that facility up to and
including the license issued for that facility for calendar year
2005. The siting criteria established in this section prior to
December 22, 2005, apply to such an expansion.
Sec. 4503.95. (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 history" license plates. The application for
"Ohio history" license plates 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 with division (B) of this section, the registrar shall
issue to the applicant the appropriate vehicle registration and a
set of "Ohio history" license plates with 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 thereon, "Ohio history" license plates shall
be inscribed with words and markings selected and designed by the
Ohio historical society and approved by the registrar. "Ohio
history" license plates shall bear county identification stickers
that identify the county of registration by name or number.
(B) "Ohio history" license plates and validation stickers
shall be issued upon payment of the regular license tax as
prescribed under section 4503.04 of the Revised Code, any
applicable motor vehicle tax levied under Chapter 4504. of the
Revised Code, a bureau of motor vehicles administrative fee of ten
dollars, the contribution specified in division (C) of this
section, and compliance with all other applicable laws relating to
the registration of motor vehicles. If the application for "Ohio
history" license plates is combined with a request for a special
reserved license plate under section 4503.40 or 4503.42 of the
Revised Code, the license plates and validation sticker shall be
issued upon payment of the contribution, fees, and taxes contained
in this division and the additional fee prescribed under section
4503.40 or 4503.42 of the Revised Code.
(C) For each application for registration and registration
renewal submitted under this section, the registrar shall collect
a contribution of twenty dollars. The registrar shall transmit
this contribution to the treasurer of state for deposit in the
Ohio history license plate contribution fund created in section
149.307 of the Revised Code.
The registrar shall deposit the ten-dollar bureau
administrative fee, the purpose of which is to compensate the
bureau for additional services required in issuing "Ohio history"
license plates, in the state bureau of motor vehicles fund created
in section 4501.25 of the Revised Code.
Section 2. That existing sections 127.16, 149.54, 317.08,
1506.30, and 3714.03 and sections 149.51 and 149.55 of the Revised
Code are hereby repealed.
Section 3. (A) The Ohio Cemetery Law Task Force shall
develop recommendations on modifications of the laws of this state
relating to cemeteries.
(B) The Ohio Cemetery Law Task Force is established. The Task
Force shall consist of the following eleven members: a
representative of local government, other than townships,
appointed by the President of the Senate; a representative of the
Ohio Township Association appointed by the President of the
Senate; a representative of Native Americans appointed by the
President of the Senate; a representative of private cemeteries
appointed by the Speaker of the House of Representatives; a
representative of the Ohio Historical Society appointed by the
Speaker of the House of Representatives; a representative of
archeologists appointed by the Speaker of the House of
Representatives; a representative of the Ohio Genealogical Society
appointed by the Governor; a representative of the Ohio Cemetery
Dispute Resolution Commission appointed by the Governor; a
representative of the Division of Real Estate and Professional
Licensing in the Department of Commerce appointed by the Governor;
a representative of the Department of Transportation appointed by
the Governor; and a representative of the Department of Natural
Resources appointed by the Governor.
The initial appointments shall be made not later than thirty
days after the effective date of this section. Vacancies shall be
filled in the manner provided for original appointments.
The Task Force shall elect two of its members to serve as
co-chairpersons of the Task Force.
The Task Force shall meet as often as necessary to carry out
its duties and responsibilities. Members of the Task Force shall
serve without compensation.
(C) The Task Force shall issue a report of its
recommendations to the President of the Senate, the Speaker of the
House of Representatives, and the Governor not later than one year
after the effective date of this section. The Task Force ceases to
exist upon submitting its report.
Section 4. The county recorder shall continue to keep six
separate sets of records of all agreements for the registration of
lands as archaeological or historic landmarks recorded before the
effective date of this section.
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