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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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.