As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 197 5
1997-1998 6
SENATORS SCHAFRATH-BLESSING 8
10
A B I L L
To amend sections 4907.02, 4907.08, 4907.60, and 11
4907.61 of the Revised Code to authorize the 12
Public Utilities Commission to investigate and
enforce existing laws pertaining to maintenance 13
of fences, destruction of noxious vegetation, and 14
provision of waterways along railroad
rights-of-way.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That sections 4907.02, 4907.08, 4907.60, and 18
4907.61 of the Revised Code be amended to read as follows: 19
Sec. 4907.02. As used in Chapters 4901., 4903., 4905., 28
4907., 4909., 4921., 4923., and 4925. 4959. of the Revised Code, 30
"railroad" includes any corporation, company, individual, or 32
association of individuals, or its lessees, trustees, or 34
receivers appointed by a court, which owns, operates, manages, or 36
controls a railroad or part of a railroad as a common carrier in 37
this state, or which owns, operates, manages, or controls any 38
cars or other equipment used on such a railroad, or which owns, 40
operates, manages, or controls any bridges, terminals, union 43
depots, sidetracks, docks, wharves, or storage elevators used in 45
connection with such a railroad, whether owned by such railroad
or otherwise, and means and includes express companies, water 46
transportation companies, freight-line companies, sleeping car 47
companies, and interurban railroad companies, and all persons and 48
associations of persons, whether incorporated or not, operating 49
such agencies for public use in the conveyance of persons or 50
2
property within this state. All duties required of, and
penalties imposed upon, a railroad or an officer or agent thereof 51
insofar as they are applicable, are required and imposed upon 52
express companies, water transportation companies, and interurban 53
railroad companies, and upon their officers and agents. 54
The public utilities commission has the power of 56
supervision and control of express companies, water 57
transportation companies, and interurban railroad companies to 58
the same extent as railroads.
Sec. 4907.08. The public utilities commission shall 67
inquire into any neglect or violation of the laws of this state 68
by a railroad doing business in this state, by its officers, 69
agents, or employees, or by any person operating a railroad. The 71
commission shall enforce Chapters 4901., 4903., 4905., 4907.,
4909., 4921., 4923., and 4925. 4959. of the Revised Code, as well 73
as all other laws relating to railroads, and report violations
thereof to the attorney general. 74
If, upon complaint or otherwise, the commission has reason 76
to believe that a railroad or any officer, agent, or employee of 77
a railroad has violated or is violating any law of this state, or 78
if it has reason to believe that differences have arisen between 79
citizens of the state and any railroad operating as a common 80
carrier within this state, it shall examine into the matter. 81
Sec. 4907.60. If a railroad fails to perform a duty 90
enjoined upon it by Chapters CHAPTER 4901., 4903., 4905., 4907., 91
4909., 4921., and 4923., OR 4959. of the Revised Code, or does 93
any act prohibited by ANY OF those chapters, for which failure or 94
act no penalty or forfeiture has been provided by law, or fails 95
to obey a lawful requirement or order made by the public 96
utilities commission or order of any court upon application of 97
the commission, the railroad, except as otherwise specifically 98
provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and 99
4923.99 of the Revised Code, shall forfeit into the state 101
treasury not less than one hundred nor more than ten thousand 102
3
dollars for each violation or failure. In construing and 104
enforcing this section, the act, omission, or failure of any
officer, agent, or other person acting for or employed by a 105
railroad, while acting within the scope of his THE OFFICER'S, 106
AGENT'S, OR OTHER PERSON'S employment, is the act, omission, or 107
failure of the railroad. 108
Sec. 4907.61. Except as otherwise specifically provided in 117
sections 4905.83, 4905.96, 4919.99, 4921.99, and 4923.99 of the 120
Revised Code, when the attorney general prosecutes an action for 121
the recovery of a forfeiture provided for in Chapters 4901., 122
4903., 4905., 4907., 4909., 4921., and 4923., AND 4959. of the 123
Revised Code, the attorney general may bring the action in the 124
court of common pleas of Franklin county or of any county having 125
jurisdiction of the defendant.
Section 2. That existing sections 4907.02, 4907.08, 127
4907.60, and 4907.61 of the Revised Code are hereby repealed. 128