Bill Text: OH HB448 | 2011-2012 | 129th General Assembly | Introduced

---

Bill Title: To require the Director of Transportation to establish the business logo sign program and its fees by rule.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-14 - To Transportation, Public Safety & Homeland Security [HB448 Detail]

Download: Ohio-2011-HB448-Introduced.html

---

As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 448

Representative Grossman 

---

A BILL

To amend section 4511.101 of the Revised Code to

1

require the Director of Transportation to

2

establish the business logo sign program and its

3

fees by rule.

4

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

Section 1. That section 4511.101 of the Revised Code be	5
amended to read as follows:	6

Sec. 4511.101.  (A) The director of transportation, in	7
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,	8
and by rule adopted pursuant to Chapter 119. of the Revised Code,	9
shall establish a program for the placement of business logos for	10
identification purposes on state directional signs within the	11
rights-of-way of divided, multi-lane, limited access highways in	12
both rural and urban areas.	13

(B)(1) The director, by rule adopted pursuant to Chapter 119.	14
of the Revised Code, shall establish, and may revise at any time,	15
a fee for participation in the business logo sign program. All	16
direct and indirect costs of the business logo sign program	17
established pursuant to this section shall be fully paid by the	18
businesses applying for participation in the program. The direct	19
and indirect costs of the program shall include, but not be	20
limited to, the cost of capital, directional signs, blanks, posts,	21
logos, installation, repair, engineering, design, insurance,	22
removal, replacement, and administration.	23

(2) Money generated from participating businesses in excess	24
of the direct and indirect costs and any reasonable profit earned	25
by a person awarded a contract under division (C) of this section	26
shall be remitted to the department.	27

(3) Nothing in this chapter shall be construed to prohibit	28
the director from establishing such a program. If the department	29
operates such a program and does not contract with a private	30
person to operate it, all money collected from participating	31
businesses shall be deposited and credited as prescribed in	32
division (B)(2) of this section.	33

(C) The director, in accordance with rules adopted pursuant	34
to Chapter 119. of the Revised Code, may contract with any private	35
person to operate, maintain, or market the business logo sign	36
program. The contract may allow for a reasonable profit to be	37
earned by the successful applicant. In awarding the contract, the	38
director shall consider the skill, expertise, prior experience,	39
and other qualifications of each applicant.	40

(D) As used in this section, "urban area" means an area	41
having a population of fifty thousand or more according to the	42
most recent federal census and designated as such on urban maps	43
prepared by the department.	44

(E) In implementing this section, neither the department nor	45
the director shall do either of the following:	46

(1) Limit the right of any person to erect, maintain, repair,	47
remove, or utilize any off-premises or on-premises advertising	48
device;	49

(2) Make participation in the business logo sign program	50
conditional upon a business agreeing to limit, discontinue,	51
withdraw, modify, alter, or change any advertising or sign.	52

(F) The program shall permit the business logo signs of a	53
seller of motor vehicle fuel to include on the seller's signs a	54
marking or symbol indicating that the seller sells one or more	55
types of alternative fuel so long as the seller in fact sells that	56
fuel.	57

As used in this division, "alternative fuel" has the same	58
meaning as in section 125.831 of the Revised Code.	59

Section 2. That existing section 4511.101 of the Revised Code	60
is hereby repealed.	61