As Reported by the Senate Ways and Means Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 132 5
1997-1998 6
SENATORS BLESSING-GAETH-NEIN-SCHAFRATH-SHOEMAKER-SUHADOLNIK- 8
GARDNER 9
11
A B I L L
To amend sections 303.211, 519.211, and 4921.11 and 13
to enact sections 4921.35 to 4921.40 of the 14
Revised Code to provide a new state certification 15
system for household goods moving companies in 16
Ohio that generally eliminates restrictions as to 17
area of service; to subject to that certification 19
system existing certificate holders and certain 20
previously exempt household goods moving
companies; to authorize county and township 22
zoning of public utilities engaged in the
business of transporting persons or property, 23
with certain exceptions; and to make an
appropriation. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 303.211, 519.211, and 4921.11 be 29
amended and sections 4921.35, 4921.36, 4921.37, 4921.38, 4921.39, 30
and 4921.40 of the Revised Code be enacted to read as follows: 31
Sec. 303.211. (A) Except as otherwise provided in 41
division (B) OR (C) of this section, sections 303.01 to 303.25 of 42
the Revised Code do not confer any power on any board of county 44
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
2
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. 77
(ii) The attached structure is proposed to top at a height 80
that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable 81
height of such an attached structure as set forth in any 82
applicable zoning regulations in effect immediately prior to the 83
effective date of this amendment OCTOBER 31, 1996, or as those 84
regulations subsequently are amended. 85
(e) The free-standing or attached structure is proposed to 87
have attached to it radio frequency transmission or reception 88
equipment.
(2) Sections 303.01 to 303.25 of the Revised Code confer 90
power on a board of county commissioners or board of zoning 91
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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 in an area subject to county zoning regulations shall 102
provide both of the following by certified mail: 103
(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
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
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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) EXCEPT WITH RESPECT TO LAND, BUILDINGS, OR STRUCTURES 158
USED BY A MOTOR CARRIER, FOR HIRE, ON OR BEFORE THE EFFECTIVE 159
DATE OF THIS AMENDMENT, SECTIONS 303.01 TO 303.25 OF THE REVISED 162
CODE CONFER POWER ON A BOARD OF COUNTY COMMISSIONERS OR BOARD OF 163
ZONING APPEALS WITH RESPECT TO THE LOCATION, ERECTION, 164
CONSTRUCTION, RECONSTRUCTION, CHANGE, ALTERATION, MAINTENANCE, 165
REMOVAL, USE, OR ENLARGEMENT OF ANY BUILDINGS OR STRUCTURES OF A 166
PUBLIC UTILITY ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS OR 167
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PROPERTY, OR BOTH, OR PROVIDING OR FURNISHING SUCH TRANSPORTATION 168
SERVICE, OVER ANY PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, 169
AND WITH RESPECT TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY 170
FOR THE OPERATION OF ITS BUSINESS, TO THE EXTENT THAT ANY 171
EXERCISE OF SUCH POWER IS REASONABLE AND NOT INCONSISTENT WITH 172
CHAPTERS 4901., 4903., 4905., 4909., 4921., AND 4923. OF THE 174
REVISED CODE. HOWEVER, THIS DIVISION CONFERS NO POWER ON A BOARD 175
OF COUNTY COMMISSIONERS OR BOARD OF ZONING APPEALS WITH RESPECT 176
TO A BUILDING OR STRUCTURE OF, OR THE USE OF LAND BY, A PERSON 177
ENGAGED IN THE TRANSPORTATION OF FARM SUPPLIES TO THE FARM OR 178
FARM PRODUCTS FROM FARM TO MARKET OR TO FOOD FABRICATING PLANTS. 179
(D) Sections 303.01 to 303.25 of the Revised Code confer 182
no power on any county rural zoning commission, board of county 183
commissioners, or board of zoning appeals to prohibit the sale or 184
use of alcoholic beverages in areas where the establishment and 185
operation of any retail business, hotel, lunchroom, or restaurant 186
is permitted.
(D)(E) Sections 303.01 to 303.25 of the Revised Code do 188
not confer any power on any county rural zoning commission, board 190
of county commissioners, or board of zoning appeals to prohibit 191
the use of any land owned or leased by an industrial firm for the 192
conduct of oil or natural gas well drilling or production 193
activities or the location of associated facilities or equipment 194
when such oil or natural gas obtained by the industrial firm is 195
used for the operation of its own plants.
(E)(F)(1) Any person who plans to construct a 197
telecommunications tower within one hundred feet of a residential 198
dwelling shall provide a written notice to the owner of the 199
residential dwelling and to the person occupying the residence, 200
if that person is not the owner of the residence, stating in 201
clear and concise language the person's intent to construct the 202
tower and a description of the property sufficient to identify
the proposed location. The notice shall be sent by certified 203
mail. If the notice is returned unclaimed or refused, the person 204
6
shall mail the notice by regular mail. The failure of delivery 205
does not invalidate the notice.
(2) As used in division (E)(F) of this section: 208
(a) "Residential dwelling" means a building used or 210
intended to be used as a personal residence by the owner, 211
part-time owner, or lessee of the building, or any person 213
authorized by such a person to use the building as a personal 214
residence;
(b) "Telecommunications tower" has the same meaning as in 216
division (B)(1) of this section, except that the proposed 218
location of the free-standing or attached structure may be an
area other than an unincorporated area of a township, in an area 220
zoned for residential use. 221
Sec. 519.211. (A) Except as otherwise provided in 230
division (B) OR (C) of this section, sections 519.02 to 519.25 of 232
the Revised Code confer no power on any board of township 233
trustees or board of zoning appeals in respect to the location, 234
erection, construction, reconstruction, change, alteration, 235
maintenance, removal, use, or enlargement of any buildings or 236
structures of any public utility or railroad, whether publicly or 237
privately owned, or the use of land by any public utility or 238
railroad, for the operation of its business. 239
(B)(1) As used in this division, "telecommunications 241
tower" means any free-standing structure, or any structure to be 243
attached to a building or other structure, that meets all of the 245
following criteria:
(a) The free-standing or attached structure is proposed to 247
be constructed on or after the effective date of this amendment 249
OCTOBER 31, 1996.
(b) The free-standing or attached structure is proposed to 251
be owned or principally used by a public utility engaged in the 252
provision of telecommunications services. 253
(c) The free-standing or attached structure is proposed to 255
be located in an unincorporated area of a township, in an area 256
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zoned for residential use. 257
(d)(i) The free-standing structure is proposed to top at a 260
height that is greater than either the maximum allowable height
of residential structures within the zoned area as set forth in 263
the applicable zoning regulations, or the maximum allowable
height of such a free-standing structure as set forth in any 265
applicable zoning regulations in effect immediately prior to the 266
effective date of this amendment OCTOBER 31, 1996, or as those 267
regulations subsequently are amended.
(ii) The attached structure is proposed to top at a height 270
that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable 271
height of such an attached structure as set forth in any 272
applicable zoning regulations in effect immediately prior to the 273
effective date of this amendment OCTOBER 31, 1996, or as those 274
regulations subsequently are amended. 275
(e) The free-standing or attached structure is proposed to 277
have attached to it radio frequency transmission or reception 278
equipment.
(2) Sections 519.02 to 519.25 of the Revised Code confer 280
power on a board of township trustees or board of zoning appeals 283
with respect to the location, erection, construction, 284
reconstruction, change, alteration, removal, or enlargement of a
telecommunications tower, but not with respect to the maintenance 285
or use of such a tower or any change or alteration that would not 286
substantially increase the tower's height. However, the power so 287
conferred shall apply to a particular telecommunications tower 288
only upon the provision of a notice, in accordance with division 289
(B)(4)(a) of this section, to the person proposing to construct 290
the tower.
(3) Any person who plans to construct a telecommunications 292
tower in an area subject to township zoning regulations shall 293
provide both of the following by certified mail: 294
(a) Written notice to each owner of property, as shown on 296
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the county auditor's current tax list, whose land is contiguous 297
to or directly across a street or roadway from the property on 298
which the tower is proposed to be constructed, stating all of the 299
following in clear and concise language:
(i) The person's intent to construct the tower; 301
(ii) A description of the property sufficient to identify 303
the proposed location; 304
(iii) That, no later than fifteen days after the date of 306
mailing of the notice, any such property owner may give written 307
notice to the board of township trustees requesting that sections 308
519.02 to 519.25 of the Revised Code apply to the proposed 309
location of the tower as provided under division (B)(4)(a) of 310
this section.
If the notice to a property owner is returned unclaimed or 312
refused, the person shall mail the notice by regular mail. The 313
failure of delivery of the notice does not invalidate the notice. 314
(b) Written notice to the board of township trustees of 316
the information specified in divisions (B)(3)(a)(i) and (ii) of 318
this section. The notice to the board also shall include 319
verification that the person has complied with division (B)(3)(a) 320
of this section.
(4)(a) If the board of township trustees receives notice 322
from a property owner under division (B)(3)(a)(iii) of this 324
section within the time specified in that division or if a board
member makes an objection to the proposed location of the 325
telecommunications tower within fifteen days after the date of 326
mailing of the notice sent under division (B)(3)(b) of this 327
section, the board shall request that the clerk of the township 328
send the person proposing to construct the tower written notice 329
that the tower is subject to the power conferred by and in 330
accordance with division (B)(2) of this section. The notice
shall be sent no later than five days after the earlier of the 332
date the board first receives such a notice from a property owner 333
or the date upon which a board member makes an objection. Upon 334
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the date of mailing of the notice to the person, sections 519.02 335
to 519.25 of the Revised Code shall apply to the tower.
(b) If the board of township trustees receives no notice 337
under division (B)(3)(a)(iii) of this section within the time 339
prescribed by that division or no board member has an objection 340
as provided under division (B)(4)(a) of this section within the 341
time prescribed by that division, division (A) of this section 342
shall apply to the tower without exception.
(C) EXCEPT WITH RESPECT TO LAND, BUILDINGS, OR STRUCTURES 344
USED BY A MOTOR CARRIER, FOR HIRE, ON OR BEFORE THE EFFECTIVE 345
DATE OF THIS AMENDMENT, SECTIONS 519.02 TO 519.25 OF THE REVISED 348
CODE CONFER POWER ON A BOARD OF TOWNSHIP TRUSTEES OR BOARD OF 349
ZONING APPEALS WITH RESPECT TO THE LOCATION, ERECTION, 350
CONSTRUCTION, RECONSTRUCTION, CHANGE, ALTERATION, MAINTENANCE, 351
REMOVAL, USE, OR ENLARGEMENT OF ANY BUILDINGS OR STRUCTURES OF A 352
PUBLIC UTILITY ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS OR 353
PROPERTY, OR BOTH, OR PROVIDING OR FURNISHING SUCH TRANSPORTATION 354
SERVICE, OVER ANY PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, 355
AND WITH RESPECT TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY 356
FOR THE OPERATION OF ITS BUSINESS, TO THE EXTENT THAT ANY 357
EXERCISE OF SUCH POWER IS REASONABLE AND NOT INCONSISTENT WITH 358
CHAPTERS 4901., 4903., 4905., 4909., 4921., AND 4923. OF THE 360
REVISED CODE. HOWEVER, THIS DIVISION CONFERS NO POWER ON A BOARD 361
OF TOWNSHIP TRUSTEES OR BOARD OF ZONING APPEALS WITH RESPECT TO A 362
BUILDING OR STRUCTURE OF, OR THE USE OF LAND BY, A PERSON ENGAGED 363
IN THE TRANSPORTATION OF FARM SUPPLIES TO THE FARM OR FARM 364
PRODUCTS FROM FARM TO MARKET OR TO FOOD FABRICATING PLANTS. 365
(D) Sections 519.02 to 519.25 of the Revised Code confer 367
no power on any township zoning commission, board of township 370
trustees, or board of zoning appeals to prohibit the sale or use 371
of alcoholic beverages in areas where the establishment and 372
operation of any retail business, hotel, lunchroom, or restaurant 373
is permitted.
(D)(E) Sections 519.02 to 519.25 of the Revised Code do 375
10
not confer any power on any township zoning commission, board of 378
township trustees, or board of zoning appeals to prohibit the use 379
of any land owned or leased by an industrial firm for the conduct 380
of oil or natural gas well drilling or production activities or 381
the location of associated facilities or equipment when such oil 382
or natural gas obtained by the industrial firm is used for the 383
operation of its own plants.
(E)(F)(1) Any person who plans to construct a 385
telecommunications tower within one hundred feet of a residential 386
dwelling shall provide a written notice to the owner of the 387
residential dwelling and to the person occupying the residence, 388
if that person is not the owner of the residence stating in clear 389
and concise language the person's intent to construct the tower 390
and a description of the property sufficient to identify the 391
proposed location. The notice shall be sent by certified mail.
If the notice is returned unclaimed or refused, the person shall 392
mail the notice by regular mail. The failure of delivery does 393
not invalidate the notice.
(2) As used in division (E)(F) of this section: 396
(a) "Residential dwelling" means a building used or 398
intended to be used as a personal residence by the owner, 399
part-time owner, or lessee of the building, or any person 401
authorized by such a person to use the building as a personal 402
residence;
(b) "Telecommunications tower" has the same meaning as in 404
division (B)(1) of this section, except that the proposed 406
location of the free-standing or attached structure may be an
area other than an unincorporated area of a township, in an area 408
zoned for residential use. 409
Sec. 4921.11. (A) AS USED IN THIS SECTION, "MOTOR 418
TRANSPORTATION COMPANY" HAS THE SAME MEANING AS IN SECTION 419
4921.02 OF THE REVISED CODE, EXCEPT THAT IT INCLUDES ANY PERSON 422
OTHERWISE EXEMPTED UNDER DIVISION (A)(2) OF THAT SECTION. 423
(B) No certificate of public convenience and necessity 426
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shall be issued by the public utilities commission to any motor 427
transportation company until it has filed with the commission a 428
liability insurance certificate, policy, or bond satisfactory to 429
the commission, in such sum and with such provisions as the 430
commission deems necessary adequately to protect the interests of 431
the public, having due regard for the number of persons and 432
amount of property affected. Such liability insurance 433
certificate, policy, or bond shall insure such company against 434
loss sustained by reason of the death of or injuries to persons 435
and for loss of or damage to property resulting from the 436
negligence of such company.
(C) No such certificate of public convenience and 438
necessity shall be issued to such A company until it has filed 439
with the commission a freight cargo insurance certificate, 440
policy, or bond which THAT the commission has determined to be 441
adequate to protect the interests of the shipping public. Such 443
freight cargo insurance certificate, policy, or bond shall insure 444
such company against all loss, in excess of fifty dollars and 445
within the limits fixed in such certificate, policy, or bond, 446
sustained by reason of any loss or damage to the property being 447
transported. AFTER THE EFFECTIVE DATE OF THE ORDER ISSUED BY THE 448
COMMISSION UNDER DIVISION (A) OF SECTION 4921.37 OF THE REVISED 452
CODE, DIVISION (C) OF THIS SECTION SHALL NOT APPLY TO MOTOR 454
TRANSPORTATION COMPANIES ENGAGED, FOR HIRE, IN THE BUSINESS OF 455
TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE. 456
Such (D) A certificate, policy, or bond REQUIRED BY THIS 458
SECTION shall provide that ten days' notice in writing shall be 460
given to the commission of intention to cancel such insurance 461
certificate, policy, or bond.
If such A certificate, policy, or bond is canceled during 463
its term or lapses for any reason, the commission shall require 464
such THE company to replace such certificate, policy, or bond IT 466
with another certificate, policy, or bond fully complying with 468
the requirements of this section. In default of such 469
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replacement, all operations under the certificate of public 470
convenience and necessity shall cease immediately, and further 471
operations shall not be conducted without the specific approval 472
of the commission, which may be given after the motor 473
transportation company has complied with this section. The 474
commission shall not reinstate such A certificate of public 475
convenience and necessity until a satisfactory insurance 476
certificate, policy, or bond has been filed. 477
(E) THE COMMISSION MAY ADOPT RULES GOVERNING REQUIREMENTS 480
FOR CARGO INSURANCE FOR MOTOR TRANSPORTATION COMPANIES ENGAGED, 481
FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A 482
PUBLIC HIGHWAY IN THIS STATE. 483
Sec. 4921.35. AS USED IN SECTIONS 4921.35 TO 4921.40 OF 485
THE REVISED CODE: 486
(A) "HOUSEHOLD GOODS" MEANS PERSONAL EFFECTS AND PROPERTY 489
USED OR TO BE USED IN A DWELLING, EXCLUDING PROPERTY MOVING FROM 491
A FACTORY OR STORE.
(B) "MOTOR TRANSPORTATION COMPANY" HAS THE SAME MEANING AS 495
IN SECTION 4921.02 OF THE REVISED CODE, EXCEPT THAT IT INCLUDES 497
ANY PERSON OTHERWISE EXEMPTED UNDER DIVISION (A)(2) OF THAT 498
SECTION.
(C) "PERSON" HAS THE SAME MEANING AS IN SECTION 1.59 OF 500
THE REVISED CODE. 501
Sec. 4921.36. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 504
4921.35 TO 4921.40 OF THE REVISED CODE, A MOTOR TRANSPORTATION 505
COMPANY ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING 506
HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE: 507
(A) IS SUBJECT TO SECTIONS 4921.01 TO 4921.32 OF THE 510
REVISED CODE AND TO ALL OTHER PROVISIONS OF THE REVISED CODE 511
APPLICABLE TO A MOTOR TRANSPORTATION COMPANY THAT IS SUBJECT TO 512
SECTIONS 4921.01 TO 4921.32 OF THE REVISED CODE, INCLUDING 513
SECTIONS 4506.22, 4511.78, 5502.01, 5503.02, AND 5503.34 OF THE 515
REVISED CODE;
(B) IS NOT A PUBLIC UTILITY AS DEFINED IN SECTION 4911.02 517
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OF THE REVISED CODE. 518
Sec. 4921.37. NOTWITHSTANDING ANY PROVISION OF THIS 521
CHAPTER OR CHAPTERS 4901. TO 4909. AND 4923. OF THE REVISED CODE 522
TO THE CONTRARY:
(A) NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF 525
THIS SECTION, THE PUBLIC UTILITIES COMMISSION, IN ACCORDANCE WITH 526
SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE, SHALL ESTABLISH 527
BY ORDER A REGISTRATION SYSTEM FOR MOTOR TRANSPORTATION COMPANIES 528
ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD 530
GOODS OVER A PUBLIC HIGHWAY IN THIS STATE. 531
(B) BEGINNING ON THE EFFECTIVE DATE OF THE ORDER OF THE 534
COMMISSION AS INITIALLY ISSUED UNDER DIVISION (A) OF THIS 535
SECTION, NO MOTOR TRANSPORTATION COMPANY SHALL ENGAGE, FOR HIRE, 537
IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC 538
HIGHWAY IN THIS STATE WITHOUT FIRST HOLDING A VALID CERTIFICATE 539
ISSUED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO SECTIONS 540
4921.35 TO 4921.40 OF THE REVISED CODE.
(C) NO MOTOR TRANSPORTATION COMPANY ENGAGED, FOR HIRE, IN 543
THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC 544
HIGHWAY IN THIS STATE SHALL FAIL TO COMPLY WITH THIS SECTION OR 546
THE ORDER OF THE COMMISSION ISSUED UNDER THIS SECTION. 547
Sec. 4921.38. (A) THE PUBLIC UTILITIES COMMISSION SHALL 550
APPROVE AN APPLICATION FOR A CERTIFICATE UNDER SECTIONS 4921.35 551
TO 4921.40 OF THE REVISED CODE AND SHALL ISSUE A CERTIFICATE, 553
PROVIDED THE APPLICANT SUBMITS TO THE COMMISSION A COMPLETED 554
APPLICATION, ON A FORM PRESCRIBED BY THE COMMISSION, THAT IS 556
SUBSTANTIALLY THE SAME AS THE APPLICATION PRESCRIBED BY THE 557
COMMISSION PURSUANT TO SECTIONS 4921.08 AND 4921.09 OF THE 558
REVISED CODE, AND INCLUDES A CERTIFICATION OF ALL OF THE 560
FOLLOWING BY RESPONSIBLE OFFICIALS OF THE APPLICANT: 561
(1) THE APPLICANT'S WORKERS' COMPENSATION COVERAGE IS 564
CURRENT PURSUANT TO CHAPTER 4123. OF THE REVISED CODE. 565
(2) THE APPLICANT'S UNEMPLOYMENT COMPENSATION COVERAGE IS 568
CURRENT PURSUANT TO CHAPTER 4141. OF THE REVISED CODE. 569
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(3) THE APPLICANT'S FINANCIAL RESPONSIBILITY RELATING TO 572
CARGO INSURANCE REQUIREMENTS IS IN ACCORDANCE WITH RULES ADOPTED
BY THE COMMISSION UNDER SECTION 4921.11 OF THE REVISED CODE. 575
(B) THE COMMISSION MAY NOT APPROVE ANY APPLICATION THAT 578
DOES NOT CONTAIN THE PROPER CERTIFICATIONS REQUIRED BY THIS 579
SECTION. THE COMMISSION MAY REVOKE A CERTIFICATE ISSUED UNDER 580
DIVISION (A) OF THIS SECTION IF, AFTER AT LEAST FIFTEEN DAYS' 582
ADVANCE NOTICE TO THE CERTIFICATE HOLDER OF THE BASIS FOR SUCH 583
ACTION AND PROVIDING THE HOLDER WITH AN OPPORTUNITY FOR A 584
HEARING, THE COMMISSION FINDS THAT THE HOLDER IS NOT IN 585
COMPLIANCE WITH THIS CHAPTER, OR RULES ADOPTED OR ORDERS ISSUED 586
THEREUNDER.
A CERTIFICATE ISSUED UNDER DIVISION (A) OF THIS SECTION IS 589
VALID FOR ONE YEAR AND IS RENEWABLE ANNUALLY. 590
(C) THE APPLICATION FEE FOR A CERTIFICATE ISSUED UNDER 593
THIS SECTION SHALL BE BASED ON A PERCENTAGE OF THE CERTIFICATE 594
HOLDER'S GROSS REVENUE, IN THE PRIOR YEAR, FOR THE INTRASTATE 595
TRANSPORTATION OF HOUSEHOLD GOODS. THE COMMISSION SHALL 596
ESTABLISH, BY ORDER, RANGES OF GROSS REVENUE AND THE FEE FOR EACH 597
RANGE.
THE APPLICATION FEE SHALL BE ESTABLISHED SO THAT THE TOTAL 599
FEES COLLECTED FOR A FISCAL YEAR ARE APPROXIMATELY THE SAME AS 600
THE APPROPRIATIONS MADE FOR THAT FISCAL YEAR FOR THE 601
ADMINISTRATION OF SECTIONS 4921.35 TO 4921.40 OF THE REVISED 604
CODE. IN THE EVENT THAT THE TOTAL FEES COLLECTED FOR A FISCAL 605
YEAR EXCEED SUCH APPROPRIATIONS, THE EXCESS SHALL BE USED TO 606
REDUCE THE AMOUNT OF THE FEES THAT WOULD OTHERWISE BE ESTABLISHED 607
PURSUANT TO THIS SECTION FOR THE NEXT FISCAL YEAR. 608
Sec. 4921.39. (A) EACH HOLDER OF A CERTIFICATE ISSUED 611
UNDER SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE SHALL DO 612
ALL OF THE FOLLOWING: 613
(1) MAKE ITS CURRENT CERTIFICATE AVAILABLE FOR PUBLIC 616
INSPECTION DURING NORMAL BUSINESS HOURS; 617
(2) PRESENT EACH OF ITS CUSTOMERS WITH INFORMATION, 620
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WRITTEN IN PLAIN AND CLEAR LANGUAGE AND PURSUANT TO A FORM 621
PRESCRIBED BY THE COMMISSION, OUTLINING A CONSUMER'S RIGHTS; 622
(3) INCLUDE ITS CERTIFICATE NUMBER ON ALL ADVERTISING, 624
PURSUANT TO RULES ADOPTED BY THE COMMISSION. 625
(B) NO MOTOR TRANSPORTATION COMPANY ENGAGED, FOR HIRE, IN 628
THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC 629
HIGHWAY IN THIS STATE SHALL VIOLATE OR FAIL TO PERFORM A DUTY 630
IMPOSED BY THIS CHAPTER OR RULES ADOPTED THEREUNDER, OR AN ORDER 631
OF THE COMMISSION ISSUED TO SECURE COMPLIANCE WITH THIS CHAPTER 632
OR ANY RULES ADOPTED THEREUNDER. 633
Sec. 4921.40. IN ACCORDANCE WITH SECTION 4921.04 OF THE 636
REVISED CODE, THE PUBLIC UTILITIES COMMISSION MAY ADOPT RULES: 638
(A) PROVIDING FOR BINDING ESTIMATES BY MOTOR 641
TRANSPORTATION COMPANIES ENGAGED, FOR HIRE, IN THE BUSINESS OF 642
TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE; 643
(B) PROVIDING FOR GUARANTEED-NOT-TO-EXCEED ESTIMATES BY 646
SUCH MOTOR TRANSPORTATION COMPANIES; 647
(C) REQUIRING SUCH MOTOR TRANSPORTATION COMPANIES TO 650
INCLUDE THEIR CERTIFICATE NUMBER IN ALL ADVERTISING RELATED TO 651
THE TRANSPORTATION OF HOUSEHOLD GOODS IN THIS STATE; 652
(D) AS ARE NECESSARY AND PROPER TO CARRY OUT THIS CHAPTER. 655
Section 2. That existing sections 303.211, 519.211, and 658
4921.11 of the Revised Code are hereby repealed. 659
Section 3. A motor transportation company engaged, for 661
hire, in the business of transporting household goods over a 662
public highway in this state pursuant to a certificate issued 663
prior to the effective date of this act by the Public Utilities 664
Commission under sections 4921.01 to 4921.32 of the Revised Code 665
may continue to engage in such business under the terms and 666
conditions of the certificate as they apply to the certificate 667
holder, provided that the company files an application with the 668
Commission for a certificate in accordance with sections 4921.35 669
to 4921.40 of the Revised Code, as enacted by this act, not later 671
than one month after the effective date of the order issued by 672
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the Commission under section 4921.37 of the Revised Code, as 673
enacted by this act. The company may continue to engage in such 674
business under its existing certificate only until the later of 675
the last day of that month or the effective date of the 676
Commission's approval or disapproval of the company's application 677
filed within that month. On the applicable date, the company's 678
existing certificate expires by operation of law. Nothing in 679
this section or in the terms or conditions of an existing 680
certificate affects the right of another person to apply for, or 681
the authority of the Commission to grant to such person, as of 682
the effective date of the order, a certificate under section 683
4921.35 to 4921.40 of the Revised Code, as enacted by this act. 684
Section 4. A motor transportation company that was 686
engaged, for hire, in the business of transporting household 687
goods over a public highway in this state prior to the effective 688
date of the Commission's order issued under section 4921.37 of 689
the Revised Code, as enacted by this act, and that was exempt 690
from regulation by the Commission pursuant to division (A)(2) of 691
section 4921.02 of the Revised Code may continue to engage in 692
such business until the Commission acts upon its application, 693
provided that the company files an application with the 694
Commission for a certificate in accordance with section 4921.35 695
to 4921.40 of the Revised Code, as enacted by this act, not later 697
than 90 days after the effective date of the order issued by the 698
Commission under section 4921.37 of the Revised Code, as enacted 699
by this act.
Section 5. All items in this section are hereby 701
appropriated as designated out of any moneys in the state 702
treasury to the credit of the Motor Transportation Regulation 703
Fund Group. For all appropriations made in this act, those in 704
the first column are for fiscal year 1998 and those in the second 705
column are for fiscal year 1999. The appropriations made in this 706
act are in addition to any other appropriations made for the 707
1997-1999 biennium.
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PUC PUBLIC UTILITIES COMMISSION OF OHIO 708
Motor Transportation Regulation 711
Fund Group
5F6 870-625 Motor Transportation 712
Regulation $ -0- $ 125,000 714
TOTAL SSR State Special Revenue 715
Fund Group $ -0- $ 125,000 718
TOTAL ALL BUDGET FUND GROUPS $ -0- $ 125,000 721
The foregoing appropriation item 870-625, Motor 724
Transportation Regulation, shall be used by the Public Utilities 726
Commission to administer and enforce sections 4921.35 to 4921.40
of the Revised Code, as enacted by this act. 727
Within the limits set forth in this act, the Director of 729
Budget and Management shall establish accounts indicating the 730
source and amount of funds for each appropriation made in this 731
act, and shall determine the form and manner in which 732
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as 733
though made in Am. Sub. H.B. 215 of the 122nd General Assembly. 734
The appropriations made in this act are subject to all 736
provisions of Am. Sub. H.B. 215 of the 122nd General Assembly 738
that are generally applicable to such appropriations. 739
Section 6. (A) Sections 303.211, 519.211, and 4921.11 of 741
the Revised Code, as amended within the purview of Sections 1 and 742
2 of this act; sections 4921.35, 4921.36, 4921.37, 4921.38, 744
4921.39, and 4921.40 of the Revised Code, as enacted within the
purview of Sections 1 and 2 of this act; and Sections 3 and 4 of 746
this act are subject to the referendum. Therefore, under Ohio 748
Constitution, Article II, Section 1c and section 1.471 of the 749
Revised Code, these sections take effect on the ninety-first day 750
after this act is filed with the Secretary of State. If,
however, a referendum petition is filed against a section as 751
amended or enacted, the section as amended or enacted, unless 752
rejected at the referendum, takes effect at the earliest time 753
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permitted by law. 754
(B) Sections 5 and 6 of this act are not subject to the 756
referendum. Therefore, under Ohio Constitution, Article II, 757
Section 1d and section 1.471 of the Revised Code, these sections 758
go into immediate effect when this act becomes law. 759