As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 132  5            

      1997-1998                                                    6            


   SENATORS BLESSING-GAETH-NEIN-SCHAFRATH-SHOEMAKER-SUHADOLNIK     8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 303.211, 519.211, 1345.01, and      12           

                4921.99 and to enact sections 4921.35 to 4921.40   13           

                and 4923.25 of the Revised Code to provide a new   14           

                state certification system for household goods     15           

                moving companies in Ohio which generally                        

                eliminates restrictions as to area of service and  16           

                eliminates price regulation except as to joint     17           

                rates; to subject to that certification system     18           

                existing certificate holders and also previously   19           

                exempt household goods moving companies serving                 

                solely within municipalities or immediately        20           

                contiguous municipalities; to subject motor        21           

                transportation companies to the Consumer Sales     22           

                Practices Law; and to authorize county and                      

                township zoning of public utilities engaged in     23           

                the business of transporting persons or property,  24           

                with an exception for persons engaged in           25           

                specified transportation related to farm                        

                operations.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 303.211, 519.211, 1345.01, and     29           

4921.99 be amended and sections 4921.35, 4921.36, 4921.37,         30           

4921.38, 4921.39, 4921.40, and 4923.25 of the Revised Code be      31           

enacted to read as follows:                                        32           

      Sec. 303.211.  (A)  Except as otherwise provided in          42           

division (B) OR (C) of this section, sections 303.01 to 303.25 of  43           

                                                          2      

                                                                 
the Revised Code do not confer any power on any board of county                 

commissioners or board of zoning appeals in respect to the         45           

location, erection, construction, reconstruction, change,          46           

alteration, maintenance, removal, use, or enlargement of any       47           

buildings or structures of any public utility or railroad,         48           

whether publicly or privately owned, or the use of land by any     49           

public utility or railroad for the operation of its business.      50           

      (B)(1)  As used in this division, "telecommunications        52           

tower" means any free-standing structure, or any structure to be   53           

attached to a building or other structure, that meets all of the   55           

following criteria:                                                             

      (a)  The free-standing or attached structure is proposed to  57           

be constructed on or after the effective date of this amendment    59           

OCTOBER 31, 1996.                                                               

      (b)  The free-standing or attached structure is proposed to  61           

be owned or principally used by a public utility engaged in the    62           

provision of telecommunications services.                          63           

      (c)  The free-standing or attached structure is proposed to  65           

be located in an unincorporated area of a township, in an area     66           

zoned for residential use.                                         67           

      (d)(i)  The free-standing structure is proposed to top at a  70           

height that is greater than either the maximum allowable height                 

of residential structures within the zoned area as set forth in    72           

the applicable zoning regulations, or the maximum allowable        73           

height of such a free-standing structure as set forth in any       74           

applicable zoning regulations in effect immediately prior to the   75           

effective date of this amendment OCTOBER 31, 1996, or as those     76           

regulations subsequently are amended.                                           

      (ii)  The attached structure is proposed to top at a height  79           

that is greater than either the height of the building or other                 

structure to which it is to be attached, or the maximum allowable  80           

height of such an attached structure as set forth in any           81           

applicable zoning regulations in effect immediately prior to the   82           

effective date of this amendment OCTOBER 31, 1996, or as those     83           

                                                          3      

                                                                 
regulations subsequently are amended.                              84           

      (e)  The free-standing or attached structure is proposed to  86           

have attached to it radio frequency transmission or reception      87           

equipment.                                                                      

      (2)  Sections 303.01 to 303.25 of the Revised Code confer    89           

power on a board of county commissioners or board of zoning        91           

appeals with respect to the location, erection, construction,      92           

reconstruction, change, alteration, removal, or enlargement of a   93           

telecommunications tower, but not with respect to the maintenance  94           

or use of such a tower or any change or alteration that would not  95           

substantially increase the tower's height.  However, the power so  96           

conferred shall apply to a particular telecommunications tower     97           

only upon the provision of a notice, in accordance with division   98           

(B)(4)(a) of this section, to the person proposing to construct    99           

the tower.                                                                      

      (3)  Any person who plans to construct a telecommunications  101          

tower to which county zoning regulations apply under section       102          

303.22 of the Revised Code shall provide both of the following by  103          

certified mail:                                                                 

      (a)  Written notice to the board of township trustees of     105          

the township in which the tower is proposed to be constructed and  106          

to each owner of property, as shown on the county auditor's        107          

current tax list, whose land is contiguous to or directly across   108          

a street or roadway from the property on which the tower is        109          

proposed to be constructed, stating all of the following in clear  110          

and concise language:                                                           

      (i)  The person's intent to construct the tower;             112          

      (ii)  A description of the property sufficient to identify   114          

the proposed location;                                             115          

      (iii)  That, no later than fifteen days after the date of    117          

mailing of the notice, such board of township trustees or any      118          

such property owner may give written notice to the board of        119          

county commissioners requesting that sections 303.01 to 303.25 of  120          

the Revised Code apply to the proposed location of the tower as    121          

                                                          4      

                                                                 
provided under division (B)(4)(a) of this section.                 122          

      If the notice to the board of township trustees or to a      124          

property owner is returned unclaimed or refused, the person shall  125          

mail the notice by regular mail.  The failure of delivery of the   126          

notice does not invalidate the notice.                                          

      (b)  Written notice to the board of county commissioners of  128          

the information specified in divisions (B)(3)(a)(i) and (ii) of    130          

this section.  The notice to the board also shall include          131          

verification that the person has complied with division (B)(3)(a)  132          

of this section.                                                                

      (4)(a)  If the board of county commissioners receives        134          

notice from the board of township trustees or a property owner     135          

under division (B)(3)(a)(iii) of this section within the time      136          

specified in that division or if a member of the board of county   137          

commissioners makes an objection to the proposed location of the   138          

telecommunications tower within fifteen days after the date of     139          

mailing of the notice sent under division (B)(3)(b) of this        140          

section, the board of county commissioners shall send the person   141          

proposing to construct the tower written notice that the tower is  142          

subject to the power conferred by and in accordance with division  143          

(B)(2) of this section.  The notice shall be sent no later than    144          

five days after the earlier of the date the board first receives   145          

such a notice from the board of township trustees or a property    146          

owner or the date upon which a member of the board of county       147          

commissioners makes an objection.  Upon the date of mailing of     148          

the notice to the person, sections 303.01 to 303.25 of the                      

Revised Code shall apply to the tower.                             149          

      (b)  If the board of county commissioners receives no        151          

notice under division (B)(3)(a)(iii) of this section within the    153          

time prescribed by that division or no board member has an                      

objection as provided under division (B)(4)(a) of this section     155          

within the time prescribed by that division, division (A) of this  156          

section shall apply to the tower without exception.                             

      (C)  SECTIONS 303.01 TO 303.25 OF THE REVISED CODE CONFER    159          

                                                          5      

                                                                 
POWER ON A BOARD OF COUNTY COMMISSIONERS OR BOARD OF ZONING        160          

APPEALS WITH RESPECT TO THE LOCATION, ERECTION, CONSTRUCTION,      161          

RECONSTRUCTION, CHANGE, ALTERATION, MAINTENANCE, REMOVAL, USE, OR  162          

ENLARGEMENT OF ANY BUILDINGS OR STRUCTURES OF A PUBLIC UTILITY     163          

ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS OR PROPERTY, OR    164          

BOTH, OR PROVIDING OR FURNISHING SUCH TRANSPORTATION SERVICE,      165          

OVER ANY PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, AND WITH   166          

RESPECT TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY FOR THE      167          

OPERATION OF ITS BUSINESS, TO THE EXTENT THAT ANY EXERCISE OF      168          

SUCH POWER IS REASONABLE AND NOT INCONSISTENT WITH CHAPTERS        169          

4901., 4903., 4905., 4909., 4921., AND 4923. OF THE REVISED CODE.  171          

HOWEVER, THIS DIVISION CONFERS NO POWER ON A BOARD OF COUNTY       172          

COMMISSIONERS OR BOARD OF ZONING APPEALS WITH RESPECT TO A         173          

BUILDING OR STRUCTURE OF, OR THE USE OF LAND BY, A PERSON ENGAGED  174          

IN THE TRANSPORTATION OF FARM SUPPLIES TO THE FARM OR FARM         175          

PRODUCTS FROM FARM TO MARKET OR TO FOOD FABRICATING PLANTS.        176          

      (D)  Sections 303.01 to 303.25 of the Revised Code confer    179          

no power on any county rural zoning commission, board of county    180          

commissioners, or board of zoning appeals to prohibit the sale or  181          

use of alcoholic beverages in areas where the establishment and    182          

operation of any retail business, hotel, lunchroom, or restaurant  183          

is permitted.                                                                   

      (D)(E)  Sections 303.01 to 303.25 of the Revised Code do     185          

not confer any power on any county rural zoning commission, board  187          

of county commissioners, or board of zoning appeals to prohibit    188          

the use of any land owned or leased by an industrial firm for the  189          

conduct of oil or natural gas well drilling or production          190          

activities or the location of associated facilities or equipment   191          

when such oil or natural gas obtained by the industrial firm is    192          

used for the operation of its own plants.                                       

      Sec. 519.211.  (A)  Except as otherwise provided in          201          

division (B) OR (C) of this section, sections 519.02 to 519.25 of  203          

the Revised Code confer no power on any board of township                       

trustees or board of zoning appeals in respect to the location,    204          

                                                          6      

                                                                 
erection, construction, reconstruction, change, alteration,        205          

maintenance, removal, use, or enlargement of any buildings or      206          

structures of any public utility or railroad, whether publicly or  207          

privately owned, or the use of land by any public utility or       208          

railroad, for the operation of its business.                       209          

      (B)(1)  As used in this division, "telecommunications        211          

tower" means any free-standing structure, or any structure to be   212          

attached to a building or other structure, that meets all of the   214          

following criteria:                                                             

      (a)  The free-standing or attached structure is proposed to  216          

be constructed on or after the effective date of this amendment    218          

OCTOBER 31, 1996.                                                               

      (b)  The free-standing or attached structure is proposed to  220          

be owned or principally used by a public utility engaged in the    221          

provision of telecommunications services.                          222          

      (c)  The free-standing or attached structure is proposed to  224          

be located in an unincorporated area of a township, in an area     225          

zoned for residential use.                                         226          

      (d)(i)  The free-standing structure is proposed to top at a  229          

height that is greater than either the maximum allowable height                 

of residential structures within the zoned area as set forth in    231          

the applicable zoning regulations, or the maximum allowable                     

height of such a free-standing structure as set forth in any       232          

applicable zoning regulations in effect immediately prior to the   233          

effective date of this amendment OCTOBER 31, 1996, or as those     234          

regulations subsequently are amended.                              235          

      (ii)  The attached structure is proposed to top at a height  238          

that is greater than either the height of the building or other                 

structure to which it is to be attached, or the maximum allowable  239          

height of such an attached structure as set forth in any           240          

applicable zoning regulations in effect immediately prior to the   241          

effective date of this amendment OCTOBER 31, 1996, or as those     242          

regulations subsequently are amended.                              243          

      (e)  The free-standing or attached structure is proposed to  245          

                                                          7      

                                                                 
have attached to it radio frequency transmission or reception      246          

equipment.                                                                      

      (2)  Sections 519.02 to 519.25 of the Revised Code confer    248          

power on a board of township trustees or board of zoning appeals   251          

with respect to the location, erection, construction,              252          

reconstruction, change, alteration, removal, or enlargement of a                

telecommunications tower, but not with respect to the maintenance  253          

or use of such a tower or any change or alteration that would not  254          

substantially increase the tower's height.  However, the power so  255          

conferred shall apply to a particular telecommunications tower     256          

only upon the provision of a notice, in accordance with division   257          

(B)(4)(a) of this section, to the person proposing to construct    258          

the tower.                                                                      

      (3)  Any person who plans to construct a telecommunications  260          

tower to which township zoning regulations apply under section     261          

303.22 of the Revised Code shall provide both of the following by  262          

certified mail:                                                                 

      (a)  Written notice to each owner of property, as shown on   264          

the county auditor's current tax list, whose land is contiguous    265          

to or directly across a street or roadway from the property on     266          

which the tower is proposed to be constructed, stating all of the  267          

following in clear and concise language:                                        

      (i)  The person's intent to construct the tower;             269          

      (ii)  A description of the property sufficient to identify   271          

the proposed location;                                             272          

      (iii)  That, no later than fifteen days after the date of    274          

mailing of the notice, any such property owner may give written    275          

notice to the board of township trustees requesting that sections  276          

519.02 to 519.25 of the Revised Code apply to the proposed         277          

location of the tower as provided under division (B)(4)(a) of      278          

this section.                                                                   

      If the notice to a property owner is returned unclaimed or   280          

refused, the person shall mail the notice by regular mail.  The    281          

failure of delivery of the notice does not invalidate the notice.  282          

                                                          8      

                                                                 
      (b)  Written notice to the board of township trustees of     284          

the information specified in divisions (B)(3)(a)(i) and (ii) of    286          

this section.  The notice to the board also shall include          287          

verification that the person has complied with division (B)(3)(a)  288          

of this section.                                                                

      (4)(a)  If the board of township trustees receives notice    290          

from a property owner under division (B)(3)(a)(iii) of this        292          

section within the time specified in that division or if a board                

member makes an objection to the proposed location of the          293          

telecommunications tower within fifteen days after the date of     294          

mailing of the notice sent under division (B)(3)(b) of this        295          

section, the board shall request that the clerk of the township    296          

send the person proposing to construct the tower written notice    297          

that the tower is subject to the power conferred by and in         298          

accordance with division (B)(2) of this section.  The notice                    

shall be sent no later than five days after the earlier of the     300          

date the board first receives such a notice from a property owner  301          

or the date upon which a board member makes an objection.  Upon    302          

the date of mailing of the notice to the person, sections 519.02   303          

to 519.25 of the Revised Code shall apply to the tower.                         

      (b)  If the board of township trustees receives no notice    305          

under division (B)(3)(a)(iii) of this section within the time      307          

prescribed by that division or no board member has an objection    308          

as provided under division (B)(4)(a) of this section within the    309          

time prescribed by that division, division (A) of this section     310          

shall apply to the tower without exception.                                     

      (C)  SECTIONS 519.02 TO 519.25 OF THE REVISED CODE CONFER    313          

POWER ON A BOARD OF TOWNSHIP TRUSTEES OR BOARD OF ZONING APPEALS   314          

WITH RESPECT TO THE LOCATION, ERECTION, CONSTRUCTION,              315          

RECONSTRUCTION, CHANGE, ALTERATION, MAINTENANCE, REMOVAL, USE, OR  316          

ENLARGEMENT OF ANY BUILDINGS OR STRUCTURES OF A PUBLIC UTILITY     317          

ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS OR PROPERTY, OR    318          

BOTH, OR PROVIDING OR FURNISHING SUCH TRANSPORTATION SERVICE,      319          

OVER ANY PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, AND WITH   320          

                                                          9      

                                                                 
RESPECT TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY FOR THE      321          

OPERATION OF ITS BUSINESS, TO THE EXTENT THAT ANY EXERCISE OF      322          

SUCH POWER IS REASONABLE AND NOT INCONSISTENT WITH CHAPTERS        323          

4901., 4903., 4905., 4909., 4921., AND 4923. OF THE REVISED CODE.  325          

HOWEVER, THIS DIVISION CONFERS NO POWER ON A BOARD OF COUNTY       326          

COMMISSIONERS OR BOARD OF ZONING APPEALS WITH RESPECT TO A         327          

BUILDING OR STRUCTURE OF, OR THE USE OF LAND BY, A PERSON ENGAGED  328          

IN THE TRANSPORTATION OF FARM SUPPLIES TO THE FARM OR FARM         329          

PRODUCTS FROM FARM TO MARKET OR TO FOOD FABRICATING PLANTS.        330          

      (D)  Sections 519.02 to 519.25 of the Revised Code confer    332          

no power on any township zoning commission, board of township      333          

trustees, or board of zoning appeals to prohibit the sale or use   334          

of alcoholic beverages in areas where the establishment and        335          

operation of any retail business, hotel, lunchroom, or restaurant  336          

is permitted.                                                                   

      (D)(E)  Sections 519.02 to 519.25 of the Revised Code do     338          

not confer any power on any township zoning commission, board of   339          

township trustees, or board of zoning appeals to prohibit the use  341          

of any land owned or leased by an industrial firm for the conduct  342          

of oil or natural gas well drilling or production activities or    343          

the location of associated facilities or equipment when such oil   344          

or natural gas obtained by the industrial firm is used for the     345          

operation of its own plants.                                                    

      Sec. 1345.01.  As used in sections 1345.01 to 1345.13 of     354          

the Revised Code:                                                  355          

      (A)  "Consumer transaction" means a sale, lease,             357          

assignment, award by chance, or other transfer of an item of       358          

goods, a service, a franchise, or an intangible, to an individual  359          

for purposes that are primarily personal, family, or household,    360          

or solicitation to supply any of these things.  "Consumer          361          

transaction" does not include transactions between persons,        362          

defined in sections DIVISIONS (A)(1), (2), AND (4) TO (14) OF      364          

SECTION 4905.03 and IN SECTION 5725.01 of the Revised Code, and                 

their customers; transactions between certified public             365          

                                                          10     

                                                                 
accountants or public accountants and their clients; transactions  366          

between attorneys, physicians, or dentists and their clients or    367          

patients; and transactions between veterinarians and their         368          

patients that pertain to medical treatment but not ancillary       369          

services.                                                          370          

      (B)  "Person" includes an individual, corporation,           372          

government, governmental subdivision or agency, business trust,    373          

estate, trust, partnership, association, cooperative, or other     374          

legal entity.                                                      375          

      (C)  "Supplier" means a seller, lessor, assignor,            377          

franchisor, or other person engaged in the business of effecting   378          

or soliciting consumer transactions, whether or not he THE PERSON  380          

deals directly with the consumer.                                               

      (D)  "Consumer" means a person who engages in a consumer     382          

transaction with a supplier.                                       383          

      (E)  "Knowledge" means actual awareness, but such actual     385          

awareness may be inferred where objective manifestations indicate  386          

that the individual involved acted with such awareness.            387          

      Sec. 4921.35.  AS USED IN SECTIONS 4921.35 TO 4921.40 OF     389          

THE REVISED CODE:                                                  390          

      (A)  "HOUSEHOLD GOODS" MEANS PERSONAL EFFECTS AND PROPERTY   393          

USED OR TO BE USED IN A DWELLING, EXCLUDING PROPERTY MOVING FROM   395          

FACTORY OR STORE EXCEPT SUCH PROPERTY AS THE HOUSEHOLDER HAS       396          

PURCHASED WITH INTENT TO USE IN THE HOUSEHOLDER'S DWELLING AND                  

HAS REQUESTED BE TRANSPORTED AND FOR WHICH THE HOUSEHOLDER HAS     397          

PAID TRANSPORTATION CHARGES TO THE CARRIER.                        398          

      (B)  "MOTOR TRANSPORTATION COMPANY" AND "PRIVATE MOTOR       401          

CARRIER" HAVE THE SAME MEANINGS AS IN SECTIONS 4921.02 AND         402          

4923.02 OF THE REVISED CODE, RESPECTIVELY, EXCEPT THAT THEY        404          

RESPECTIVELY INCLUDE ANY PERSON OTHERWISE EXEMPTED UNDER DIVISION  405          

(A)(2) OF SECTION 4921.02 AND DIVISION (A)(2) OF SECTION 4923.02   407          

OF THE REVISED CODE.                                                            

      (C)  "PERSON" HAS THE SAME MEANING AS IN SECTION 1.59 OF     409          

THE REVISED CODE.                                                  410          

                                                          11     

                                                                 
      Sec. 4921.36.  EXCEPT AS OTHERWISE PROVIDED IN SECTIONS      413          

4921.35 TO 4921.40 OF THE REVISED CODE, A MOTOR TRANSPORTATION     414          

COMPANY ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING         415          

HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE:               416          

      (A)  IS SUBJECT TO SECTIONS 4921.01 TO 4921.32 OF THE        419          

REVISED CODE AND TO ALL OTHER PROVISIONS OF THE REVISED CODE       420          

APPLICABLE TO A MOTOR TRANSPORTATION COMPANY THAT IS SUBJECT TO    421          

SECTIONS 4921.01 TO 4921.32 OF THE REVISED CODE, INCLUDING         422          

SECTIONS 1345.01 TO 1345.13, 4506.22, 4511.78, 5502.01, 5503.02,   423          

AND 5503.34 OF THE REVISED CODE;                                   424          

      (B)  IS NOT A PUBLIC UTILITY AS DEFINED IN SECTION 4905.02   427          

OF THE REVISED CODE EXCEPT FOR PURPOSES OF CHAPTERS 4901. AND      429          

4903. OF THE REVISED CODE;                                                      

      (C)  IS NOT A PUBLIC UTILITY AS DEFINED IN SECTION 4911.02   431          

OF THE REVISED CODE.                                               432          

      Sec. 4921.37.  NOTWITHSTANDING ANY PROVISION OF THIS         435          

CHAPTER OR CHAPTERS 4901. TO 4909. AND 4923. OF THE REVISED CODE   436          

TO THE CONTRARY:                                                                

      (A)  NO LATER THAN THREE MONTHS AFTER THE EFFECTIVE DATE OF  439          

THIS SECTION, THE PUBLIC UTILITIES COMMISSION, IN ACCORDANCE WITH  440          

SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE, SHALL ESTABLISH   441          

BY ORDER A CERTIFICATION SYSTEM FOR MOTOR TRANSPORTATION           442          

COMPANIES AND PRIVATE MOTOR CARRIERS ENGAGED, FOR HIRE, IN THE     443          

BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN  444          

THIS STATE.  ON THE EFFECTIVE DATE OF THIS SECTION, THE            445          

COMMISSION SHALL CEASE APPROVING UNDER SECTIONS 4921.01 TO         446          

4921.32 OR SECTIONS 4923.01 TO 4923.20 OF THE REVISED CODE         447          

APPLICATIONS FOR A CERTIFICATE AS A MOTOR TRANSPORTATION COMPANY   448          

OR PRIVATE MOTOR CARRIER ENGAGED IN SUCH BUSINESS.                 449          

      (B)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS    452          

SECTION, BEGINNING ON THE EFFECTIVE DATE OF THE ORDER OF THE       453          

COMMISSION AS INITIALLY ISSUED UNDER DIVISION (A) OF THIS          454          

SECTION, NO MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER  455          

SHALL ENGAGE, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD  456          

                                                          12     

                                                                 
GOODS OVER A PUBLIC HIGHWAY IN THIS STATE WITHOUT FIRST HOLDING A  457          

VALID CERTIFICATE ISSUED BY THE PUBLIC UTILITIES COMMISSION        458          

PURSUANT TO SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE.       459          

      (C)  A MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR         461          

CARRIER ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING         462          

HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE PURSUANT TO A  463          

CERTIFICATE ISSUED BEFORE THE EFFECTIVE DATE OF THIS SECTION BY    464          

THE COMMISSION UNDER SECTIONS 4921.01 TO 4921.32 OR SECTIONS       465          

4923.01 TO 4923.20 OF THE REVISED CODE, RESPECTIVELY, MAY          466          

CONTINUE TO ENGAGE IN SUCH BUSINESS UNDER THE TERMS AND                         

CONDITIONS OF THE CERTIFICATE AS THEY APPLY TO THE CERTIFICATE     467          

HOLDER, PROVIDED THE COMPANY OR CARRIER FILES AN APPLICATION WITH  469          

THE COMMISSION, NOT LATER THAN ONE MONTH AFTER THE EFFECTIVE DATE  470          

OF THE ORDER INITIALLY ISSUED BY THE COMMISSION UNDER DIVISION     471          

(A) OF THIS SECTION, FOR A CERTIFICATE UNDER SECTIONS 4921.35 TO   472          

4921.40 OF THE REVISED CODE.  HOWEVER, THE COMPANY OR CARRIER MAY  474          

SO CONTINUE TO ENGAGE IN SUCH BUSINESS ONLY UNTIL THE LATER OF     475          

THE DATE OF THE EXPIRATION OF THAT MONTH OR THE EFFECTIVE DATE OF  476          

THE COMMISSION'S APPROVAL OR DISAPPROVAL OF THE COMPANY'S OR       477          

CARRIER'S APPLICATION FILED WITHIN THAT MONTH.  UPON THE           478          

APPLICABLE LATER DATE, THE COMPANY'S OR CARRIER'S EXISTING         479          

CERTIFICATE EXPIRES BY OPERATION OF LAW.  NOTHING IN THIS          480          

DIVISION OR IN THE TERMS OR CONDITIONS OF SUCH AN EXISTING                      

CERTIFICATE AFFECTS THE RIGHT OF ANOTHER PERSON TO APPLY FOR, OR   481          

THE AUTHORITY OF THE COMMISSION TO GRANT TO SUCH PERSON, AS OF     482          

THE EFFECTIVE DATE OF THE INITIAL ORDER, A CERTIFICATE UNDER       483          

SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE.                   484          

      (D)  NO MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR        487          

CARRIER SHALL FAIL TO COMPLY WITH DIVISION (B) OR (C) OF THIS      488          

SECTION OR THE ORDER OF THE COMMISSION ISSUED UNDER DIVISION (A)   489          

OF THIS SECTION.                                                                

      Sec. 4921.38.  (A)  THE PUBLIC UTILITIES COMMISSION SHALL    492          

APPROVE AN APPLICATION FOR A CERTIFICATE UNDER SECTIONS 4921.35    493          

TO 4921.40 OF THE REVISED CODE, AND SHALL ISSUE AN INITIAL         495          

                                                          13     

                                                                 
CERTIFICATE, PROVIDED THE APPLICANT MOTOR TRANSPORTATION COMPANY   496          

OR PRIVATE MOTOR CARRIER PROPOSING TO ENGAGE, FOR HIRE, IN THE     497          

BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN  498          

THIS STATE SUBMITS TO THE COMMISSION A COMPLETED APPLICATION, ON   499          

A FORM PRESCRIBED BY THE COMMISSION, THAT INCLUDES ONE COPY OF     500          

EACH OF THE FOLLOWING DOCUMENTS:                                                

      (1)  THE APPLICANT'S CURRENT PROOF OF WORKERS' COMPENSATION  503          

COVERAGE PURSUANT TO CHAPTER 4123. OF THE REVISED CODE;            504          

      (2)  THE APPLICANT'S CURRENT PROOF OF UNEMPLOYMENT           506          

COMPENSATION COVERAGE PURSUANT TO CHAPTER 4141. OF THE REVISED     508          

CODE;                                                                           

      (3)  PROOF OF THE APPLICANT'S FINANCIAL RESPONSIBILITY       510          

RELATING TO LIABILITY INSURANCE AND BOND REQUIREMENTS UNDER        511          

SECTION 4921.11 OR 4923.08 OF THE REVISED CODE, AS APPLICABLE.     513          

      ONLY IF THE APPLICANT FAILS TO SUBMIT A COMPLETED            515          

APPLICATION WITH THE REQUISITE DOCUMENTS, THE COMMISSION SHALL     516          

DISAPPROVE THE APPLICATION AND DENY THE CERTIFICATE.               517          

      A CERTIFICATE ISSUED UNDER THIS DIVISION IS VALID FOR ONE    519          

YEAR AND IS RENEWABLE ANNUALLY.  THE COMMISSION SHALL ISSUE A      520          

RENEWAL CERTIFICATE ON THE CONDITION THAT THE APPLICANT PROVIDES   521          

PROOF, SATISFACTORY TO THE COMMISSION, THAT THE REQUIREMENTS FOR   522          

THE INITIAL CERTIFICATE, AS PRESCRIBED IN THIS DIVISION, ARE       523          

CURRENT, AND THE COMMISSION SHALL DENY A RENEWAL CERTIFICATE ONLY  525          

IF SUCH CONDITION IS NOT MET.                                                   

      (B)  THE COMMISSION MAY CHARGE SUCH FEE FOR AN INITIAL       528          

CERTIFICATE AS IT DETERMINES REASONABLE, BUT NOT EXCEEDING THE     529          

COMMISSION'S COST OF ADMINISTERING SUCH CERTIFICATION.  THE        530          

COMMISSION MAY CHARGE A REASONABLE FEE TO RENEW A CERTIFICATE,     531          

WHICH FEE SHALL BE LESS THAN THE FEE FOR AN INITIAL CERTIFICATE.   532          

THE COMMISSION MAY PRORATE THE FEE FOR AN INITIAL CERTIFICATE SO   533          

THAT ALL RENEWALS ARE DUE ON THE SAME DATE.  ALL FEES COLLECTED    534          

BY THE COMMISSION UNDER THIS DIVISION SHALL BE CREDITED TO THE     535          

HOUSEHOLD GOODS MOVERS FUND IN THE STATE TREASURY, WHICH IS        536          

HEREBY CREATED, TO BE USED EXCLUSIVELY BY THE COMMISSION FOR THE   537          

                                                          14     

                                                                 
PURPOSE OF ADMINISTERING SECTIONS 4921.35 TO 4921.40 OF THE        539          

REVISED CODE.                                                                   

      (C)  THE COMMISSION MAY REVOKE AN INITIAL OR RENEWAL         542          

CERTIFICATE ISSUED UNDER DIVISION (A) OF THIS SECTION UPON AT      543          

LEAST FIFTEEN DAYS' ADVANCE NOTICE TO THE HOLDER AFTER PROVIDING   545          

THE HOLDER WITH NOTICE AND AN OPPORTUNITY FOR A HEARING AND ONLY                

UPON A FINDING BY THE COMMISSION THAT THE HOLDER HAS FAILED TO     546          

MAINTAIN THE PROOF REQUIRED BY DIVISION (A)(1), (2), OR (3) OF     547          

THIS SECTION.                                                      548          

      Sec. 4921.39.  EACH HOLDER OF AN INITIAL OR RENEWAL          551          

CERTIFICATE ISSUED UNDER SECTIONS 4921.35 TO 4921.40 OF THE        552          

REVISED CODE SHALL DO ALL OF THE FOLLOWING:                        553          

      (A)  MAKE ITS CURRENT CERTIFICATE AVAILABLE FOR PUBLIC       556          

INSPECTION DURING NORMAL BUSINESS HOURS;                           557          

      (B)  PRESENT EACH OF ITS CUSTOMERS WITH INFORMATION,         560          

WRITTEN IN PLAIN AND CLEAR LANGUAGE, OUTLINING A CONSUMER'S        561          

RIGHTS UNDER SECTIONS 1345.01 TO 1345.13 OF THE REVISED CODE;      562          

      (C)  MAINTAIN TARIFFS FOR ALL SERVICES PROVIDED UNDER ITS    565          

CERTIFICATE.  NO SUCH TARIFF IS SUBJECT TO APPROVAL OR             566          

DISAPPROVAL, OR IS OTHERWISE REGULATED, BY THE PUBLIC UTILITIES    567          

COMMISSION EXCEPT AS OTHERWISE PROVIDED IN SECTION 4921.40 OF THE  568          

REVISED CODE, AND NO SUCH TARIFF SHALL BE ADJUSTED MORE THAN ONCE  570          

IN A THIRTY-DAY PERIOD.  A TARIFF SHALL STATE IN CLEAR AND PLAIN   571          

LANGUAGE ALL CHARGES AND ALL METHODS OF COMPUTING THOSE CHARGES.   572          

EACH CERTIFICATE HOLDER SHALL MAKE A COPY OF ITS TARIFFS           573          

AVAILABLE FOR PUBLIC INSPECTION DURING NORMAL BUSINESS HOURS.      574          

      Sec. 4921.40.  (A)  A MOTOR TRANSPORTATION COMPANY THAT IS   577          

A HOLDER OF AN INITIAL OR RENEWAL CERTIFICATE ISSUED UNDER         578          

SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE MAY ENTER WITH     579          

ONE OR MORE OTHER SUCH CERTIFICATE HOLDERS INTO AN AGREEMENT FOR   580          

THE ESTABLISHMENT OF COLLECTIVE ACTIVITIES DESCRIBED IN 49         582          

U.S.C.A. 13703(a)(1)(A) TO (H).  THE PUBLIC UTILITIES COMMISSION   584          

SHALL APPROVE OR DISAPPROVE ANY SUCH AGREEMENT, PRESCRIBE AND      585          

ENFORCE CONDITIONS OF APPROVAL, CONDUCT INVESTIGATIONS, REVIEW,    586          

                                                          15     

                                                                 
RENEW, AND OTHERWISE REGULATE WITH RESPECT TO THE AGREEMENT,       587          

SUBJECT TO THE SAME PUBLIC INTEREST STANDARD AND THE SAME          588          

AUTHORITY AS APPLY TO THE FEDERAL SURFACE TRANSPORTATION BOARD     589          

AND AN AGREEMENT UNDER 49 U.S.C.A. 13703(a) TO (d), WITH THE       592          

FOLLOWING EXCEPTIONS:                                                           

      (1)  ON THE FORTY-FIFTH DAY AFTER THE DATE OF FILING WITH    594          

THE COMMISSION, AN AGREEMENT UNDER THIS DIVISION IS DEEMED         595          

APPROVED BY OPERATION OF LAW UNLESS DISAPPROVED BY THE COMMISSION  597          

BEFORE THAT TIME.                                                               

      (2)  CONDITIONS IMPOSED BY THE COMMISSION, IN THE MANNER OF  600          

REASONABLE CONDITIONS UNDER 49 U.S.C.A. 13703(a)(3), SHALL ASSURE  601          

THAT THE AGREEMENT FURTHERS A STATE TRANSPORTATION POLICY THAT IS  602          

PRESCRIBED BY THE COMMISSION IN ITS ORDER ISSUED UNDER DIVISION    604          

(A) OF SECTION 4921.37 OF THE REVISED CODE AND IS CONSISTENT WITH  605          

THE POLICY CONTAINED IN 49 U.S.C.A. 13101.                         606          

      (3)  AN AGREEMENT AMONG CERTIFICATE HOLDERS THAT HAS BEEN    608          

ENTERED INTO AND APPROVED BY THE COMMISSION PRIOR TO THE           609          

EFFECTIVE DATE OF THIS SECTION IS DEEMED APPROVED UNDER DIVISION   610          

(A) OF THIS SECTION BY OPERATION OF LAW ON THE EFFECTIVE DATE OF   612          

THIS SECTION.                                                                   

      FOR THE PURPOSE OF DIVISION (A) OF THIS SECTION, THE         614          

COMMISSION SHALL ESTABLISH IN ITS ORDER ISSUED UNDER DIVISION (A)  616          

OF SECTION 4921.37 OF THE REVISED CODE THE SAME PROCEDURES AS ARE  617          

PRESCRIBED UNDER 49 U.S.C.A. 13703(a) TO (d).                      619          

      (B)  AN AGREEMENT OR RENEWAL OF AN AGREEMENT APPROVED        622          

PURSUANT TO DIVISION (A) OF THIS SECTION MAY BE MADE AND CARRIED   624          

OUT UNDER ITS TERMS AND UNDER THE CONDITIONS REQUIRED BY THE       625          

COMMISSION, AND CHAPTER 1313. OF THE REVISED CODE DOES NOT APPLY,  626          

TO PARTIES AND OTHER PERSONS WITH RESPECT TO MAKING OR CARRYING    627          

OUT THE AGREEMENT, TO THE SAME EXTENT FEDERAL ANTITRUST LAWS DO    628          

NOT APPLY UNDER 49 U.S.C.A. 13703(a)(6) AND (c) TO AN AGREEMENT    632          

UNDER 49 U.S.C.A. 13703(a) TO (d).                                 633          

      Sec. 4921.99.  (A)(1)  Except for those violations for       643          

which a forfeiture is provided in section 4905.83 of the Revised   644          

                                                          16     

                                                                 
Code, whoever violates a provision of this chapter is liable to    646          

the state for a forfeiture of not more than ten thousand dollars                

for each day of each violation.  The public utilities commission,  647          

after providing reasonable notice and the opportunity for a        648          

hearing in accordance with the procedural rules adopted under      649          

section 4901.13 of the Revised Code, shall assess, by order, a     650          

forfeiture upon a person who the commission determines, by a       651          

preponderance of the evidence, committed the violation.  In        653          

determining the amount of the forfeiture for a violation                        

discovered during a roadside inspection, the commission shall be   654          

consistent with the recommended fine or penalty schedule and       656          

recommended civil penalty procedure adopted by the commercial                   

vehicle safety alliance, but shall not exceed one thousand         657          

dollars.  In determining the amount of the forfeiture for a        659          

violation discovered during a compliance review of fixed           660          

facilities, the commission shall be consistent with the civil                   

penalty guidelines adopted by the United States department of      661          

transportation's federal highway administration, but shall not     662          

exceed ten thousand dollars.  THE FORFEITURE FOR A VIOLATION OF    663          

DIVISION (D) OF SECTION 4921.37 OF THE REVISED CODE SHALL NOT      664          

EXCEED ONE THOUSAND DOLLARS.                                                    

      The attorney general, upon the written request of the        666          

commission, shall bring a civil action in the court of common      667          

pleas of Franklin county to collect a forfeiture assessed under    668          

this section.  The commission shall account for the forfeitures    669          

collected under this section and pay them to the treasurer of      670          

state pursuant to section 4923.12 of the Revised Code.                          

      (2)  The attorney general, upon the written request of the   672          

commission, shall bring an action for injunctive relief in the     674          

court of common pleas of Franklin county against any person who    675          

has violated or is violating any order issued by the commission    676          

to secure compliance with a provision of this chapter.  The court  677          

of common pleas of Franklin county has jurisdiction to and may     678          

grant preliminary and permanent injunctive relief upon a showing   679          

                                                          17     

                                                                 
that the person against whom the action is brought has violated                 

or is violating any order issued by the commission to secure       680          

compliance with this chapter.  The court shall give precedence to  681          

such an action over all other cases.                               682          

      (B)  The amount of any forfeiture may be compromised at any  684          

time prior to collection of the forfeiture.  The commission shall  686          

adopt rules governing the manner in which the amount of a          688          

forfeiture may be established by agreement prior to the hearing                 

on the forfeiture before the commission.                           689          

      (C)  The proceedings of the commission specified in          691          

division (A) of this section are subject to and governed by        692          

Chapter 4903. of the Revised Code, except as otherwise             693          

specifically provided in this section.  The court of appeals of    694          

Franklin county has exclusive, original jurisdiction to review,    695          

modify, or vacate an order of the commission issued to secure      696          

compliance with a provision of this chapter and an order issued                 

under division (A)(1) of this section assessing a forfeiture.      697          

The court of appeals shall hear and determine those appeals in     698          

the same manner, and under the same standards, as the supreme      699          

court hears and determines appeals under Chapter 4903. of the      700          

Revised Code.                                                                   

      The judgment of the court of appeals is final and            702          

conclusive unless reversed, vacated, or modified on appeal.  Such  703          

appeals may be taken either by the commission or the person to     704          

whom the compliance order or forfeiture assessment was issued and  705          

shall proceed as in the case of appeals in civil actions as        706          

provided in the Rules of Appellate Procedure and Chapter 2505. of  707          

the Revised Code.                                                               

      (D)  Section 4903.11 of the Revised Code does not apply to   709          

an appeal of an order issued to secure compliance with this        710          

chapter or an order issued under division (A)(1) of this section   712          

assessing a forfeiture.  Any person to whom any such order is      713          

issued who wishes to contest the compliance order, the fact of                  

the violation, or the amount of the forfeiture shall file a        715          

                                                          18     

                                                                 
notice of appeal, setting forth the order appealed from and the    716          

errors complained of, within sixty days after the entry of the     717          

order upon the journal of the commission.  The notice of appeal    718          

shall be served, unless waived, upon the chairman CHAIRPERSON of   719          

the commission or, in the event of his THE CHAIRPERSON'S absence,  720          

upon any public utilities commissioner, or by leaving a copy at    721          

the office of the commission at Columbus.  An order issued by the  722          

commission to secure compliance with a provision of this chapter   723          

or an order issued under division (A)(1) of this section           724          

assessing a forfeiture shall be reversed, vacated, or modified on  725          

appeal if, upon consideration of the record, the court is of the                

opinion that the order was unlawful or unreasonable.               726          

      Sec. 4923.25.  (A)  AS USED IN THIS SECTION, "HOUSEHOLD      729          

GOODS" AND "PRIVATE MOTOR CARRIER" HAVE THE SAME MEANINGS AS IN    730          

SECTION 4921.35 OF THE REVISED CODE.                                            

      (B)  EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 4921.35 TO     733          

4921.40 OF THE REVISED CODE, A PRIVATE MOTOR CARRIER ENGAGED, FOR  735          

HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A       736          

PUBLIC HIGHWAY IN THIS STATE IS SUBJECT TO SECTIONS 4923.01 TO     737          

4923.20 OF THE REVISED CODE AND TO ALL OTHER PROVISIONS OF THE     739          

REVISED CODE APPLICABLE TO A PRIVATE MOTOR CARRIER THAT IS         741          

SUBJECT TO SECTIONS 4923.01 TO 4923.20 OF THE REVISED CODE,        742          

INCLUDING SECTIONS 1345.01 TO 1345.13, 4506.22, 4511.78, 5502.01,  743          

5503.02, AND 5503.34 OF THE REVISED CODE.                          744          

      Section 2.  That existing sections 303.211, 519.211,         747          

1345.01, and 4921.99 of the Revised Code are hereby repealed.      748          

      Section 3.  No later than thirty days after the effective    750          

date of Section 1 of this act, the Public Utilities Commission     751          

shall publish notice in a newspaper of general circulation in      752          

each county in this state for two consecutive weeks, summarizing   753          

the substance of the general provisions of Section 1 of this act,  754          

for the purpose of informing consumers and household goods movers  756          

of those provisions.