As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 132  5            

      1997-1998                                                    6            


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

            GARDNER-B. JOHNSON-WATTS-HAGAN-DiDONATO-               9            

     REPRESENTATIVES MEAD-TERWILLEGER-OGG-EVANS-CORBIN-FORD-       10           

                           PERZ-VESPER                             11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 303.211, 519.211, and 4921.11 and   15           

                to enact sections 4921.35 to 4921.40 of the        16           

                Revised Code to provide a new state certification  17           

                system for household goods moving companies in     18           

                Ohio that generally eliminates restrictions as to  19           

                area of service; to subject to that certification  21           

                system existing certificate holders and certain    22           

                previously exempt household goods moving                        

                companies; and to authorize county and township    24           

                zoning of public utilities engaged in the                       

                business of transporting persons or property,      25           

                with certain exceptions.                                        




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

      Section 1.  That sections 303.211, 519.211, and 4921.11 be   30           

amended and sections 4921.35, 4921.36, 4921.37, 4921.38, 4921.39,  31           

and 4921.40 of the Revised Code be 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           

the Revised Code do not confer any power on any board of county    45           

commissioners or board of zoning appeals in respect to the         46           

location, erection, construction, reconstruction, change,          47           

alteration, maintenance, removal, use, or enlargement of any       48           

buildings or structures of any public utility or railroad,         49           

                                                          2      

                                                                 
whether publicly or privately owned, or the use of land by any     50           

public utility or railroad for the operation of its business.      51           

      (B)(1)  As used in this division, "telecommunications        53           

tower" means any free-standing structure, or any structure to be   54           

attached to a building or other structure, that meets all of the   56           

following criteria:                                                             

      (a)  The free-standing or attached structure is proposed to  58           

be constructed on or after the effective date of this amendment    60           

OCTOBER 31, 1996.                                                               

      (b)  The free-standing or attached structure is proposed to  62           

be owned or principally used by a public utility engaged in the    63           

provision of telecommunications services.                          64           

      (c)  The free-standing or attached structure is proposed to  66           

be located in an unincorporated area of a township, in an area     67           

zoned for residential use.                                         68           

      (d)(i)  The free-standing structure is proposed to top at a  71           

height that is greater than either the maximum allowable height                 

of residential structures within the zoned area as set forth in    73           

the applicable zoning regulations, or the maximum allowable        74           

height of such a free-standing structure as set forth in any       75           

applicable zoning regulations in effect immediately prior to the   76           

effective date of this amendment OCTOBER 31, 1996, or as those     77           

regulations subsequently are amended.                              78           

      (ii)  The attached structure is proposed to top at a height  81           

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

structure to which it is to be attached, or the maximum allowable  82           

height of such an attached structure as set forth in any           83           

applicable zoning regulations in effect immediately prior to the   84           

effective date of this amendment OCTOBER 31, 1996, or as those     85           

regulations subsequently are amended.                              86           

      (e)  The free-standing or attached structure is proposed to  88           

have attached to it radio frequency transmission or reception      89           

equipment.                                                                      

      (2)  Sections 303.01 to 303.25 of the Revised Code confer    91           

                                                          3      

                                                                 
power on a board of county commissioners or board of zoning        92           

appeals with respect to the location, erection, construction,      93           

reconstruction, change, alteration, removal, or enlargement of a   94           

telecommunications tower, but not with respect to the maintenance  95           

or use of such a tower or any change or alteration that would not  96           

substantially increase the tower's height.  However, the power so  97           

conferred shall apply to a particular telecommunications tower     98           

only upon the provision of a notice, in accordance with division   99           

(B)(4)(a) of this section, to the person proposing to construct    100          

the tower.                                                                      

      (3)  Any person who plans to construct a telecommunications  102          

tower in an area subject to county zoning regulations shall        103          

provide both of the following by certified mail:                   104          

      (a)  Written notice to the board of township trustees of     106          

the township in which the tower is proposed to be constructed and  107          

to each owner of property, as shown on the county auditor's        108          

current tax list, whose land is contiguous to or directly across   109          

a street or roadway from the property on which the tower is        110          

proposed to be constructed, stating all of the following in clear  111          

and concise language:                                                           

      (i)  The person's intent to construct the tower;             113          

      (ii)  A description of the property sufficient to identify   115          

the proposed location;                                             116          

      (iii)  That, no later than fifteen days after the date of    118          

mailing of the notice, such board of township trustees or any      119          

such property owner may give written notice to the board of        120          

county commissioners requesting that sections 303.01 to 303.25 of  121          

the Revised Code apply to the proposed location of the tower as    122          

provided under division (B)(4)(a) of this section.                 123          

      If the notice to the board of township trustees or to a      125          

property owner is returned unclaimed or refused, the person shall  126          

mail the notice by regular mail.  The failure of delivery of the   127          

notice does not invalidate the notice.                                          

      (b)  Written notice to the board of county commissioners of  129          

                                                          4      

                                                                 
the information specified in divisions (B)(3)(a)(i) and (ii) of    131          

this section.  The notice to the board also shall include          132          

verification that the person has complied with division (B)(3)(a)  133          

of this section.                                                                

      (4)(a)  If the board of county commissioners receives        135          

notice from the board of township trustees or a property owner     136          

under division (B)(3)(a)(iii) of this section within the time      137          

specified in that division or if a member of the board of county   138          

commissioners makes an objection to the proposed location of the   139          

telecommunications tower within fifteen days after the date of     140          

mailing of the notice sent under division (B)(3)(b) of this        141          

section, the board of county commissioners shall send the person   142          

proposing to construct the tower written notice that the tower is  143          

subject to the power conferred by and in accordance with division  144          

(B)(2) of this section.  The notice shall be sent no later than    145          

five days after the earlier of the date the board first receives   146          

such a notice from the board of township trustees or a property    147          

owner or the date upon which a member of the board of county       148          

commissioners makes an objection.  Upon the date of mailing of     149          

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

Revised Code shall apply to the tower.                             150          

      (b)  If the board of county commissioners receives no        152          

notice under division (B)(3)(a)(iii) of this section within the    154          

time prescribed by that division or no board member has an                      

objection as provided under division (B)(4)(a) of this section     156          

within the time prescribed by that division, division (A) of this  157          

section shall apply to the tower without exception.                             

      (C)  SECTIONS 303.01 TO 303.25 OF THE REVISED CODE CONFER    160          

POWER ON A BOARD OF COUNTY COMMISSIONERS OR BOARD OF ZONING        161          

APPEALS WITH RESPECT TO THE LOCATION, ERECTION, CONSTRUCTION,      162          

RECONSTRUCTION, CHANGE, ALTERATION, MAINTENANCE, REMOVAL, USE, OR  163          

ENLARGEMENT OF ANY BUILDINGS OR STRUCTURES OF A PUBLIC UTILITY     164          

ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS OR PROPERTY, OR    165          

BOTH, OR PROVIDING OR FURNISHING SUCH TRANSPORTATION SERVICE,      166          

                                                          5      

                                                                 
OVER ANY PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, AND WITH   167          

RESPECT TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY FOR THE      168          

OPERATION OF ITS BUSINESS, TO THE EXTENT THAT ANY EXERCISE OF      169          

SUCH POWER IS REASONABLE AND NOT INCONSISTENT WITH CHAPTERS        170          

4901., 4903., 4905., 4909., 4921., AND 4923. OF THE REVISED CODE.  172          

HOWEVER, THIS DIVISION CONFERS NO POWER ON A BOARD OF COUNTY       173          

COMMISSIONERS OR BOARD OF ZONING APPEALS WITH RESPECT TO A         174          

BUILDING OR STRUCTURE OF, OR THE USE OF LAND BY, A PERSON ENGAGED  175          

IN THE TRANSPORTATION OF FARM SUPPLIES TO THE FARM OR FARM         176          

PRODUCTS FROM FARM TO MARKET OR TO FOOD FABRICATING PLANTS.        177          

      (D)  Sections 303.01 to 303.25 of the Revised Code confer    180          

no power on any county rural zoning commission, board of county    181          

commissioners, or board of zoning appeals to prohibit the sale or  182          

use of alcoholic beverages in areas where the establishment and    183          

operation of any retail business, hotel, lunchroom, or restaurant  184          

is permitted.                                                                   

      (D)(E)  Sections 303.01 to 303.25 of the Revised Code do     186          

not confer any power on any county rural zoning commission, board  188          

of county commissioners, or board of zoning appeals to prohibit    189          

the use of any land owned or leased by an industrial firm for the  190          

conduct of oil or natural gas well drilling or production          191          

activities or the location of associated facilities or equipment   192          

when such oil or natural gas obtained by the industrial firm is    193          

used for the operation of its own plants.                                       

      (E)(F)(1)  Any person who plans to construct a               195          

telecommunications tower within one hundred feet of a residential  196          

dwelling shall provide a written notice to the owner of the        197          

residential dwelling and to the person occupying the residence,    198          

if that person is not the owner of the residence, stating in       199          

clear and concise language the person's intent to construct the    200          

tower and a description of the property sufficient to identify                  

the proposed location.  The notice shall be sent by certified      201          

mail.  If the notice is returned unclaimed or refused, the person  202          

shall mail the notice by regular mail.  The failure of delivery    203          

                                                          6      

                                                                 
does not invalidate the notice.                                                 

      (2)  As used in division (E)(F) of this section:             206          

      (a)  "Residential dwelling" means a building used or         208          

intended to be used as a personal residence by the owner,          209          

part-time owner, or lessee of the building, or any person          211          

authorized by such a person to use the building as a personal      212          

residence;                                                                      

      (b)  "Telecommunications tower" has the same meaning as in   214          

division (B)(1) of this section, except that the proposed          216          

location of the free-standing or attached structure may be an                   

area other than an unincorporated area of a township, in an area   218          

zoned for residential use.                                         219          

      Sec. 519.211.  (A)  Except as otherwise provided in          228          

division (B) OR (C) of this section, sections 519.02 to 519.25 of  230          

the Revised Code confer no power on any board of township          231          

trustees or board of zoning appeals in respect to the location,    232          

erection, construction, reconstruction, change, alteration,        233          

maintenance, removal, use, or enlargement of any buildings or      234          

structures of any public utility or railroad, whether publicly or  235          

privately owned, or the use of land by any public utility or       236          

railroad, for the operation of its business.                       237          

      (B)(1)  As used in this division, "telecommunications        239          

tower" means any free-standing structure, or any structure to be   241          

attached to a building or other structure, that meets all of the   243          

following criteria:                                                             

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

be constructed on or after the effective date of this amendment    247          

OCTOBER 31, 1996.                                                               

      (b)  The free-standing or attached structure is proposed to  249          

be owned or principally used by a public utility engaged in the    250          

provision of telecommunications services.                          251          

      (c)  The free-standing or attached structure is proposed to  253          

be located in an unincorporated area of a township, in an area     254          

zoned for residential use.                                         255          

                                                          7      

                                                                 
      (d)(i)  The free-standing structure is proposed to top at a  258          

height that is greater than either the maximum allowable height                 

of residential structures within the zoned area as set forth in    261          

the applicable zoning regulations, or the maximum allowable                     

height of such a free-standing structure as set forth in any       263          

applicable zoning regulations in effect immediately prior to the   264          

effective date of this amendment OCTOBER 31, 1996, or as those     265          

regulations subsequently are amended.                                           

      (ii)  The attached structure is proposed to top at a height  268          

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

structure to which it is to be attached, or the maximum allowable  269          

height of such an attached structure as set forth in any           270          

applicable zoning regulations in effect immediately prior to the   271          

effective date of this amendment OCTOBER 31, 1996, or as those     272          

regulations subsequently are amended.                              273          

      (e)  The free-standing or attached structure is proposed to  275          

have attached to it radio frequency transmission or reception      276          

equipment.                                                                      

      (2)  Sections 519.02 to 519.25 of the Revised Code confer    278          

power on a board of township trustees or board of zoning appeals   281          

with respect to the location, erection, construction,              282          

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

telecommunications tower, but not with respect to the maintenance  283          

or use of such a tower or any change or alteration that would not  284          

substantially increase the tower's height.  However, the power so  285          

conferred shall apply to a particular telecommunications tower     286          

only upon the provision of a notice, in accordance with division   287          

(B)(4)(a) of this section, to the person proposing to construct    288          

the tower.                                                                      

      (3)  Any person who plans to construct a telecommunications  290          

tower in an area subject to township zoning regulations shall      291          

provide both of the following by certified mail:                   292          

      (a)  Written notice to each owner of property, as shown on   294          

the county auditor's current tax list, whose land is contiguous    295          

                                                          8      

                                                                 
to or directly across a street or roadway from the property on     296          

which the tower is proposed to be constructed, stating all of the  297          

following in clear and concise language:                                        

      (i)  The person's intent to construct the tower;             299          

      (ii)  A description of the property sufficient to identify   301          

the proposed location;                                             302          

      (iii)  That, no later than fifteen days after the date of    304          

mailing of the notice, any such property owner may give written    305          

notice to the board of township trustees requesting that sections  306          

519.02 to 519.25 of the Revised Code apply to the proposed         307          

location of the tower as provided under division (B)(4)(a) of      308          

this section.                                                                   

      If the notice to a property owner is returned unclaimed or   310          

refused, the person shall mail the notice by regular mail.  The    311          

failure of delivery of the notice does not invalidate the notice.  312          

      (b)  Written notice to the board of township trustees of     314          

the information specified in divisions (B)(3)(a)(i) and (ii) of    316          

this section.  The notice to the board also shall include          317          

verification that the person has complied with division (B)(3)(a)  318          

of this section.                                                                

      (4)(a)  If the board of township trustees receives notice    320          

from a property owner under division (B)(3)(a)(iii) of this        322          

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

member makes an objection to the proposed location of the          323          

telecommunications tower within fifteen days after the date of     324          

mailing of the notice sent under division (B)(3)(b) of this        325          

section, the board shall request that the clerk of the township    326          

send the person proposing to construct the tower written notice    327          

that the tower is subject to the power conferred by and in         328          

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

shall be sent no later than five days after the earlier of the     330          

date the board first receives such a notice from a property owner  331          

or the date upon which a board member makes an objection.  Upon    332          

the date of mailing of the notice to the person, sections 519.02   333          

                                                          9      

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

      (b)  If the board of township trustees receives no notice    335          

under division (B)(3)(a)(iii) of this section within the time      337          

prescribed by that division or no board member has an objection    338          

as provided under division (B)(4)(a) of this section within the    339          

time prescribed by that division, division (A) of this section     340          

shall apply to the tower without exception.                                     

      (C)  SECTIONS 519.02 TO 519.25 OF THE REVISED CODE CONFER    343          

POWER ON A BOARD OF TOWNSHIP TRUSTEES OR BOARD OF ZONING APPEALS   344          

WITH RESPECT TO THE LOCATION, ERECTION, CONSTRUCTION,              345          

RECONSTRUCTION, CHANGE, ALTERATION, MAINTENANCE, REMOVAL, USE, OR  346          

ENLARGEMENT OF ANY BUILDINGS OR STRUCTURES OF A PUBLIC UTILITY     347          

ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS OR PROPERTY, OR    348          

BOTH, OR PROVIDING OR FURNISHING SUCH TRANSPORTATION SERVICE,      349          

OVER ANY PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, AND WITH   350          

RESPECT TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY FOR THE      351          

OPERATION OF ITS BUSINESS, TO THE EXTENT THAT ANY EXERCISE OF      352          

SUCH POWER IS REASONABLE AND NOT INCONSISTENT WITH CHAPTERS        353          

4901., 4903., 4905., 4909., 4921., AND 4923. OF THE REVISED CODE.  355          

HOWEVER, THIS DIVISION CONFERS NO POWER ON A BOARD OF TOWNSHIP     356          

TRUSTEES OR BOARD OF ZONING APPEALS WITH RESPECT TO A BUILDING OR  357          

STRUCTURE OF, OR THE USE OF LAND BY, A PERSON ENGAGED IN THE       358          

TRANSPORTATION OF FARM SUPPLIES TO THE FARM OR FARM PRODUCTS FROM  359          

FARM TO MARKET OR TO FOOD FABRICATING PLANTS.                      360          

      (D)  Sections 519.02 to 519.25 of the Revised Code confer    362          

no power on any township zoning commission, board of township      365          

trustees, or board of zoning appeals to prohibit the sale or use   366          

of alcoholic beverages in areas where the establishment and        367          

operation of any retail business, hotel, lunchroom, or restaurant  368          

is permitted.                                                                   

      (D)(E)  Sections 519.02 to 519.25 of the Revised Code do     370          

not confer any power on any township zoning commission, board of   373          

township trustees, or board of zoning appeals to prohibit the use  374          

of any land owned or leased by an industrial firm for the conduct  375          

                                                          10     

                                                                 
of oil or natural gas well drilling or production activities or    376          

the location of associated facilities or equipment when such oil   377          

or natural gas obtained by the industrial firm is used for the     378          

operation of its own plants.                                                    

      (E)(F)(1)  Any person who plans to construct a               380          

telecommunications tower within one hundred feet of a residential  381          

dwelling shall provide a written notice to the owner of the        382          

residential dwelling and to the person occupying the residence,    383          

if that person is not the owner of the residence stating in clear  384          

and concise language the person's intent to construct the tower    385          

and a description of the property sufficient to identify the       386          

proposed location.  The notice shall be sent by certified mail.                 

If the notice is returned unclaimed or refused, the person shall   387          

mail the notice by regular mail.  The failure of delivery does     388          

not invalidate the notice.                                                      

      (2)  As used in division (E)(F) of this section:             391          

      (a)  "Residential dwelling" means a building used or         393          

intended to be used as a personal residence by the owner,          394          

part-time owner, or lessee of the building, or any person          396          

authorized by such a person to use the building as a personal      397          

residence;                                                                      

      (b)  "Telecommunications tower" has the same meaning as in   399          

division (B)(1) of this section, except that the proposed          401          

location of the free-standing or attached structure may be an                   

area other than an unincorporated area of a township, in an area   403          

zoned for residential use.                                         404          

      Sec. 4921.11.  (A)  AS USED IN THIS SECTION, "MOTOR          413          

TRANSPORTATION COMPANY" HAS THE SAME MEANING AS IN SECTION         414          

4921.35 OF THE REVISED CODE.                                       415          

      (B)  No certificate of public convenience and necessity      418          

shall be issued by the public utilities commission to any motor    419          

transportation company until it has filed with the commission a    420          

liability insurance certificate, policy, or bond satisfactory to   421          

the commission, in such sum and with such provisions as the        422          

                                                          11     

                                                                 
commission deems necessary adequately to protect the interests of  423          

the public, having due regard for the number of persons and        424          

amount of property affected.  Such liability insurance             425          

certificate, policy, or bond shall insure such company against     426          

loss sustained by reason of the death of or injuries to persons    427          

and for loss of or damage to property resulting from the           428          

negligence of such company.                                                     

      (C)  No such certificate of public convenience and           430          

necessity shall be issued to such A company until it has filed     431          

with the commission a freight cargo insurance certificate,         432          

policy, or bond which THAT the commission has determined to be     433          

adequate to protect the interests of the shipping public.  Such    435          

freight cargo insurance certificate, policy, or bond shall insure  436          

such company against all loss, in excess of fifty ONE THOUSAND     437          

dollars and within the limits fixed in such certificate, policy,   439          

or bond, sustained by reason of any loss or damage to the          440          

property being transported.                                                     

      Such (D)  A certificate, policy, or bond REQUIRED BY THIS    442          

SECTION shall provide that ten days' notice in writing shall be    444          

given to the commission of intention to cancel such insurance      445          

certificate, policy, or bond.                                                   

      If such A certificate, policy, or bond is canceled during    447          

its term or lapses for any reason, the commission shall require    448          

such THE company to replace such certificate, policy, or bond IT   450          

with another certificate, policy, or bond fully complying with     452          

the requirements of this section.  In default of such              453          

replacement, all operations under the certificate of public        454          

convenience and necessity shall cease immediately, and further     455          

operations shall not be conducted without the specific approval    456          

of the commission, which may be given after the motor              457          

transportation company has complied with this section.  The        458          

commission shall not reinstate such A certificate of public        459          

convenience and necessity until a satisfactory insurance           460          

certificate, policy, or bond has been filed.                       461          

                                                          12     

                                                                 
      (E)  TO ENSURE MINIMUM STANDARDS OF PROTECTION OF THE        463          

CONSUMER'S HOUSEHOLD GOODS, THE COMMISSION MAY ADOPT RULES         465          

GOVERNING REQUIREMENTS FOR CARGO INSURANCE FOR MOTOR                            

TRANSPORTATION COMPANIES ENGAGED, FOR HIRE, IN THE BUSINESS OF     466          

TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE.  468          

AS USED IN THIS DIVISION, "HOUSEHOLD GOODS" HAS THE SAME MEANING   469          

AS IN SECTION 4921.35 OF THE REVISED CODE.                                      

      Sec. 4921.35.  AS USED IN SECTIONS 4921.35 TO 4921.40 OF     471          

THE REVISED CODE:                                                  472          

      (A)  "HOUSEHOLD GOODS" MEANS PERSONAL EFFECTS AND PROPERTY   475          

USED OR TO BE USED IN A DWELLING, EXCLUDING PROPERTY MOVING FROM   477          

A FACTORY OR STORE.                                                             

      (B)  "MOTOR TRANSPORTATION COMPANY" HAS THE SAME MEANING AS  481          

IN SECTION 4921.02 OF THE REVISED CODE, EXCEPT THAT IT INCLUDES    483          

ANY PERSON OTHERWISE EXEMPTED UNDER DIVISION (A)(2) OF THAT        484          

SECTION THAT IS ENGAGED, FOR HIRE, IN THE BUSINESS OF              485          

TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE.  486          

      (C)  "PERSON" HAS THE SAME MEANING AS IN SECTION 1.59 OF     488          

THE REVISED CODE.                                                  489          

      Sec. 4921.36.  EXCEPT AS OTHERWISE PROVIDED IN SECTIONS      492          

4921.35 TO 4921.40 OF THE REVISED CODE, A MOTOR TRANSPORTATION     493          

COMPANY ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING         494          

HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE:               495          

      (A)  IS SUBJECT TO SECTIONS 4921.01 TO 4921.32 OF THE        498          

REVISED CODE AND TO ALL OTHER PROVISIONS OF THE REVISED CODE       499          

APPLICABLE TO A MOTOR TRANSPORTATION COMPANY THAT IS SUBJECT TO    500          

SECTIONS 4921.01 TO 4921.32 OF THE REVISED CODE, INCLUDING         501          

SECTIONS 4506.22, 4511.78, 5502.01, 5503.02, AND 5503.34 OF THE    503          

REVISED CODE;                                                                   

      (B)  IS NOT A PUBLIC UTILITY AS DEFINED IN SECTION 4911.02   505          

OF THE REVISED CODE.                                               506          

      Sec. 4921.37.  NOTWITHSTANDING ANY PROVISION OF THIS         509          

CHAPTER OR CHAPTERS 4901. TO 4909. AND 4923. OF THE REVISED CODE   510          

TO THE CONTRARY:                                                                

                                                          13     

                                                                 
      (A)  NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF   513          

THIS SECTION, THE PUBLIC UTILITIES COMMISSION, IN ACCORDANCE WITH  514          

SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE, SHALL ESTABLISH   515          

BY ORDER A CERTIFICATION SYSTEM FOR MOTOR TRANSPORTATION           516          

COMPANIES ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING       518          

HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE.               519          

      (B)  BEGINNING ON THE EFFECTIVE DATE OF THE ORDER OF THE     522          

COMMISSION AS INITIALLY ISSUED UNDER DIVISION (A) OF THIS          523          

SECTION, NO MOTOR TRANSPORTATION COMPANY SHALL ENGAGE, FOR HIRE,   525          

IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC      526          

HIGHWAY IN THIS STATE WITHOUT FIRST HOLDING A VALID CERTIFICATE    527          

ISSUED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO SECTIONS     528          

4921.35 TO 4921.40 OF THE REVISED CODE.                                         

      (C)  NO MOTOR TRANSPORTATION COMPANY ENGAGED, FOR HIRE, IN   531          

THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC         532          

HIGHWAY IN THIS STATE SHALL FAIL TO COMPLY WITH THIS SECTION OR    534          

THE ORDER OF THE COMMISSION ISSUED UNDER THIS SECTION.             535          

      Sec. 4921.38.  (A)  THE PUBLIC UTILITIES COMMISSION SHALL    538          

APPROVE AN APPLICATION FOR A CERTIFICATE UNDER SECTIONS 4921.35    539          

TO 4921.40 OF THE REVISED CODE AND SHALL ISSUE A CERTIFICATE,      541          

PROVIDED THE APPLICANT SUBMITS TO THE COMMISSION A COMPLETED       542          

APPLICATION, ON A FORM PRESCRIBED BY THE COMMISSION, THAT IS       544          

SUBSTANTIALLY THE SAME AS THE APPLICATION PRESCRIBED BY THE        545          

COMMISSION PURSUANT TO SECTIONS 4921.08 AND 4921.09 OF THE         546          

REVISED CODE, AND INCLUDES A CERTIFICATION OF ALL OF THE           548          

FOLLOWING BY RESPONSIBLE OFFICIALS OF THE APPLICANT:               549          

      (1)  THE APPLICANT'S WORKERS' COMPENSATION COVERAGE IS       552          

CURRENT PURSUANT TO CHAPTER 4123. OF THE REVISED CODE.             553          

      (2)  THE APPLICANT'S UNEMPLOYMENT COMPENSATION COVERAGE IS   556          

CURRENT PURSUANT TO CHAPTER 4141. OF THE REVISED CODE.             557          

      (3)  THE APPLICANT'S FINANCIAL RESPONSIBILITY RELATING TO    560          

CARGO INSURANCE REQUIREMENTS IS IN ACCORDANCE WITH RULES ADOPTED                

BY THE COMMISSION UNDER SECTION 4921.11 OF THE REVISED CODE.       563          

      (B)  THE COMMISSION SHALL  NOT APPROVE ANY APPLICATION THAT  566          

                                                          14     

                                                                 
DOES NOT CONTAIN THE PROPER CERTIFICATIONS REQUIRED BY THIS        567          

SECTION.  THE COMMISSION MAY REVOKE A CERTIFICATE ISSUED UNDER     568          

DIVISION (A) OF THIS SECTION IF, AFTER AT LEAST FIFTEEN DAYS'      570          

ADVANCE NOTICE TO THE CERTIFICATE HOLDER OF THE BASIS FOR SUCH     571          

ACTION AND PROVIDING THE HOLDER WITH AN OPPORTUNITY FOR A          572          

HEARING, THE COMMISSION FINDS THAT THE HOLDER IS NOT IN            573          

COMPLIANCE WITH THIS CHAPTER, OR RULES ADOPTED OR ORDERS ISSUED    574          

THEREUNDER.                                                                     

      A CERTIFICATE ISSUED UNDER DIVISION (A) OF THIS SECTION IS   577          

VALID FOR ONE YEAR AND IS RENEWABLE ANNUALLY.                      578          

      (C)  THE APPLICATION FEE FOR A CERTIFICATE ISSUED UNDER      581          

THIS SECTION SHALL BE BASED ON THE CERTIFICATE HOLDER'S GROSS      582          

REVENUE, IN THE PRIOR YEAR, FOR THE INTRASTATE TRANSPORTATION OF   583          

HOUSEHOLD GOODS.  THE COMMISSION SHALL ESTABLISH, BY ORDER,        584          

RANGES OF GROSS REVENUE AND THE FEE FOR EACH RANGE.  THE FEES      585          

ESTABLISHED BY THE COMMISSION UNDER THIS DIVISION SHALL BE         586          

CREDITED TO THE PUBLIC UTILITIES FUND AND SHALL BE USED FOR THE    587          

PURPOSES OF ADMINISTERING AND ENFORCING SECTIONS 4921.35 TO        588          

4921.40 OF THE REVISED CODE.                                                    

      THE APPLICATION FEE SHALL BE ESTABLISHED SO THAT THE TOTAL   590          

FEES COLLECTED IN FISCAL YEAR 1999 ARE NO GREATER THAN ONE         591          

HUNDRED TWENTY-FIVE THOUSAND DOLLARS.  THE APPLICATION FEE SHALL   592          

BE ESTABLISHED SO THAT THE TOTAL FEES COLLECTED FOR ANY OTHER      593          

FISCAL YEAR ARE APPROXIMATELY THE SAME AS THE APPROPRIATIONS MADE  594          

FOR THAT FISCAL YEAR FOR THE ADMINISTRATION OF SECTIONS 4921.35    595          

TO 4921.40 OF THE REVISED CODE.  IN THE EVENT THAT THE TOTAL FEES  598          

COLLECTED FOR A FISCAL YEAR EXCEED SUCH APPROPRIATIONS, THE        599          

EXCESS SHALL BE USED TO REDUCE THE AMOUNT OF THE FEES THAT WOULD   600          

OTHERWISE BE ESTABLISHED PURSUANT TO THIS SECTION FOR THE NEXT     601          

FISCAL YEAR.                                                                    

      Sec. 4921.39.  (A)  EACH HOLDER OF A CERTIFICATE ISSUED      604          

UNDER SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE SHALL DO     605          

ALL OF THE FOLLOWING:                                              606          

      (1)  MAKE ITS CURRENT CERTIFICATE AVAILABLE FOR PUBLIC       609          

                                                          15     

                                                                 
INSPECTION DURING NORMAL BUSINESS HOURS;                           610          

      (2)  PRESENT EACH OF ITS CUSTOMERS WITH INFORMATION,         613          

WRITTEN IN PLAIN AND CLEAR LANGUAGE AND PURSUANT TO A FORM         614          

PRESCRIBED BY THE COMMISSION, OUTLINING A CONSUMER'S RIGHTS;       615          

      (3)  INCLUDE ITS CERTIFICATE NUMBER ON ALL ADVERTISING,      617          

WRITTEN ESTIMATES, AND CONTRACTS, PURSUANT TO RULES ADOPTED BY     618          

THE COMMISSION.                                                    619          

      (B)  NO MOTOR TRANSPORTATION COMPANY ENGAGED, FOR HIRE, IN   622          

THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC         623          

HIGHWAY IN THIS STATE SHALL VIOLATE OR FAIL TO PERFORM A DUTY      624          

IMPOSED BY THIS CHAPTER OR RULES ADOPTED THEREUNDER, OR AN ORDER   625          

OF THE COMMISSION ISSUED TO SECURE COMPLIANCE WITH THIS CHAPTER    626          

OR ANY RULES ADOPTED THEREUNDER.                                   627          

      Sec. 4921.40.  IN ACCORDANCE WITH SECTION 4921.04 OF THE     630          

REVISED CODE, THE PUBLIC UTILITIES COMMISSION MAY ADOPT RULES:     632          

      (A)  PROVIDING FOR BINDING ESTIMATES BY MOTOR                635          

TRANSPORTATION COMPANIES ENGAGED, FOR HIRE, IN THE BUSINESS OF     636          

TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE;  637          

      (B)  PROVIDING FOR GUARANTEED-NOT-TO-EXCEED ESTIMATES BY     640          

SUCH MOTOR TRANSPORTATION COMPANIES;                               641          

      (C)  REQUIRING SUCH MOTOR TRANSPORTATION COMPANIES TO        644          

INCLUDE THEIR CERTIFICATE NUMBER IN ALL ADVERTISING, WRITTEN       645          

ESTIMATES, AND CONTRACTS RELATED TO THE TRANSPORTATION OF          646          

HOUSEHOLD GOODS IN THIS STATE;                                     647          

      (D)  AS ARE NECESSARY AND PROPER TO CARRY OUT THIS CHAPTER   650          

WITH RESPECT TO SUCH MOTOR TRANSPORTATION COMPANIES.               651          

      Section 2.  That existing sections 303.211, 519.211, and     654          

4921.11 of the Revised Code are hereby repealed.                   655          

      Section 3.  A motor transportation company engaged, for      657          

hire, in the business of transporting household goods over a       658          

public highway in this state pursuant to a certificate issued      659          

prior to the effective date of this act by the Public Utilities    660          

Commission under sections 4921.01 to 4921.32 of the Revised Code   661          

may continue to engage in such business under the terms and        662          

                                                          16     

                                                                 
conditions of the certificate as they apply to the certificate     663          

holder, provided that the company files an application with the    664          

Commission for a certificate in accordance with sections 4921.35   665          

to 4921.40 of the Revised Code, as enacted by this act, not later  667          

than one month after the effective date of the order issued by     668          

the Commission under section 4921.37 of the Revised Code, as       669          

enacted by this act.  The company may continue to engage in such   670          

business under its existing certificate only until the later of    671          

the last day of that month or the effective date of the            672          

Commission's approval or disapproval of the company's application  673          

filed within that month.  On the applicable date, the company's    674          

existing certificate expires by operation of law.  Nothing in      675          

this section or in the terms or conditions of an existing          676          

certificate affects the right of another person to apply for, or   677          

the authority of the Commission to grant to such person, as of     678          

the effective date of the order, a certificate under section       679          

4921.35 to 4921.40 of the Revised Code, as enacted by this act.    680          

      Section 4.  A motor transportation company that was          682          

engaged, for hire, in the business of transporting household       683          

goods over a public highway in this state prior to the effective   684          

date of the Commission's order issued under section 4921.37 of     685          

the Revised Code, as enacted by this act, and that was exempt      686          

from regulation by the Commission pursuant to division (A)(2) of   687          

section 4921.02 of the Revised Code may continue to engage in      688          

such business until the Commission acts upon its application,      689          

provided that the company files an application with the            690          

Commission for a certificate in accordance with section 4921.35    691          

to 4921.40 of the Revised Code, as enacted by this act, not later  693          

than 90 days after the effective date of the order issued by the   694          

Commission under section 4921.37 of the Revised Code, as enacted   695          

by this act.