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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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(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:
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(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
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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
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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.