As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 5 5
1997-1998 6
SENATORS HOWARD-DRAKE-B. JOHNSON-BLESSING-OELSLAGER-KEARNS- 8
CARNES-FINAN-DiDONATO-DIX-HAGAN-RAY-GAETH- 9
REPRESENTATIVES AMSTUTZ-JOHNSON-O'BRIEN-ROBERTS-MEAD-METELSKY- 10
CATES-PRENTISS-CORE-OPFER-VERICH-METZGER-CAREY-MALLORY-LEWIS- 11
BATEMAN-TERWILLEGER-SULZER-BRITTON-BOYD-PADGETT-SALERNO- 12
BRADING-VESPER-ROMAN-MASON-HOUSEHOLDER-OLMAN-GRENDELL-CORBIN- 13
REID-MYERS-LOGAN-PATTON-KREBS-TAYLOR-GARCIA-THOMAS 14
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A B I L L
To amend sections 505.371 and 505.375 and to enact 18
sections 4742.01 to 4742.06 of the Revised Code 19
and to amend Section 3 of Sub. H.B. 254 of the 21
118th General Assembly, as amended by Am. Sub.
H.B. 117 of the 121st General Assembly, to 23
establish a program of training and continuing 24
education for emergency service 25
telecommunicators, to require the state board of 26
education to develop and administer the program, 27
to allow employees of emergency service providers
to receive training from the state board in the 28
program at no charge to the providers or 29
employees, to allow emergency service providers 31
and proprietary schools to provide training under
the program, to authorize a board of fire 33
district trustees of a joint fire district and a 34
board of trustees of a joint fire and ambulance 35
district to establish charges for ambulance or 36
emergency medical services, to extend by two 38
years the repeal date of the lifeline telephone 39
service program, to provide for adequate 40
carryover balances in the Public Utilities Fund
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and the Consumers' Counsel Operating Fund, and 42
to make an appropriation. 43
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 45
Section 1. That sections 505.371 and 505.375 be amended 47
and sections 4742.01, 4742.02, 4742.03, 4742.04, 4742.05, and 48
4742.06 of the Revised Code be enacted to read as follows: 50
Sec. 505.371. The boards of township trustees of one or 59
more townships and the legislative authorities of any one or more 60
municipal corporations, or the boards of township trustees of two 62
or more townships, may, by adoption of a joint resolution by a 63
majority of the members of each board of township trustees and by 64
a majority of the members of the legislative authority of each 65
municipal corporation, create a joint fire district comprising 66
the municipal corporations and all or any portions of the 67
townships as are mutually agreed upon. A joint fire district so 68
created shall be given a name different from the name of any 69
participating township or municipal corporation. 70
The governing body of the joint fire district shall be a 72
board of fire district trustees, which shall include one 73
representative from each board of township trustees and one 74
representative from the legislative authority of each municipal 75
corporation in the district. The board of fire district trustees 76
may exercise the same powers as are granted to a board of 77
township trustees in sections 505.37 to 505.45 of the Revised 78
Code, including, but not limited to, the power to levy a tax upon 79
all taxable property in the fire district as provided in section 80
505.39 of the Revised Code. The board of fire district trustees 81
may be compensated at a rate not to exceed thirty dollars per 82
meeting, not to exceed fifteen meetings per year, and may be 83
reimbursed for all necessary expenses incurred. The board shall 84
employ a clerk of the board of fire district trustees. 85
THE BOARD OF FIRE DISTRICT TRUSTEES MAY ESTABLISH 87
REASONABLE CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL 88
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SERVICES. THE BOARD MAY ESTABLISH DIFFERENT CHARGES FOR 89
RESIDENTS AND NONRESIDENTS OF THE DISTRICT, AND MAY, AT ITS 90
DISCRETION, WAIVE ALL OR PART OF THE CHARGE FOR ANY RESIDENT OF
THE DISTRICT. THE CHARGE FOR NONRESIDENTS SHALL BE AN AMOUNT NOT 91
LESS THAN THE AUTHORIZED MEDICARE REIMBURSEMENT RATE, EXCEPT THAT 92
IF, PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT, THE BOARD HAD 94
DIFFERENT CHARGES FOR RESIDENTS AND NONRESIDENTS AND THE CHARGE 95
FOR NONRESIDENTS WAS LESS THAN THE AUTHORIZED MEDICARE 96
REIMBURSEMENT RATE, THE BOARD MAY CHARGE NONRESIDENTS LESS THAN
THE AUTHORIZED MEDICARE REIMBURSEMENT RATE. CHARGES COLLECTED 97
UNDER THIS PARAGRAPH SHALL BE KEPT IN A SEPARATE FUND DESIGNATED 98
AS "THE AMBULANCE AND EMERGENCY MEDICAL SERVICES FUND," AND SHALL 100
BE APPROPRIATED AND ADMINISTERED BY THE BOARD. THESE FUNDS SHALL 102
BE USED FOR THE PAYMENT OF THE COSTS OF THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF AMBULANCE AND EMERGENCY MEDICAL 103
SERVICES IN THE DISTRICT. AS USED IN THIS PARAGRAPH, "AUTHORIZED 104
MEDICARE REIMBURSEMENT RATE" HAS THE SAME MEANING AS IN SECTION 105
505.84 OF THE REVISED CODE. 106
Any municipal corporation or township, or parts thereof OF 108
THEM, may join an existing joint fire district by the adoption of 110
a resolution requesting such membership and upon approval of the 111
board of fire district trustees. Any municipal corporation or 112
township may withdraw from a joint fire district created under 113
this section, by the adoption of a resolution ordering 114
withdrawal. On or after the first day of January of the year 115
following the adoption of the resolution of withdrawal, the 116
municipal corporation or township withdrawing ceases to be a part 117
of such district and the power of the joint fire district to levy 118
a tax upon taxable property in the withdrawing township or 119
municipal corporation terminates, except that the joint fire 120
district shall continue to levy and collect taxes for the payment 121
of indebtedness within the territory of the joint fire district 122
as it was comprised at the time the indebtedness was incurred. 123
Upon the withdrawal of any township or municipal 125
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corporation from a joint fire district created under this 126
section, the county auditor shall ascertain, apportion, and order 127
a division of the funds on hand, INCLUDING FUNDS IN THE AMBULANCE 128
AND EMERGENCY MEDICAL SERVICES FUND, moneys and taxes in the 129
process of collection, except for taxes levied for the payment of 130
indebtedness, credits, and real and personal property, either in 131
money or in kind, on the basis of the valuation of the respective 132
tax duplicates of the withdrawing municipal corporation or 133
township and the remaining territory of the joint fire district. 134
When the number of townships and municipal corporations 136
comprising a joint fire district is reduced to one, the joint 137
fire district ceases to exist by operation of law, and the funds, 138
credits, and property remaining after apportionments to 139
withdrawing municipal corporations or townships, shall be assumed 140
by the one remaining township or municipal corporation. When a 141
joint fire district ceases to exist and an indebtedness remains 142
unpaid, the board of county commissioners shall continue to levy 143
and collect taxes for the payment of such indebtedness within the 144
territory of the joint fire district as it was comprised at the 145
time the indebtedness was incurred. 146
Sec. 505.375. (A) The board of a joint ambulance district 156
created under section 505.71 of the Revised Code and the board of 158
a joint fire district created under section 505.371 of the
Revised Code may negotiate in accordance with this section to 160
combine their two joint districts into a single district, called 161
a fire and ambulance district, for the delivery of both fire and 162
ambulance services, if the geographic area covered by the 163
combining joint districts is exactly the same. Both boards shall 164
adopt a joint resolution ratifying the agreement and setting a 165
date on which the fire and ambulance district shall come into 166
being. On that date, the joint fire district and the joint
ambulance district shall cease to exist and the power of each to 167
levy a tax upon taxable property shall terminate, except that any 168
levy of a tax for the payment of indebtedness within the 169
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territory of the joint fire or joint ambulance district as it was 171
composed at the time the indebtedness was incurred shall continue
to be collected by the successor fire and ambulance district if 172
the indebtedness remains unpaid. 173
All funds and other property of the joint districts that 175
combined into the fire and ambulance district shall become the 176
property of the fire and ambulance district, unless otherwise 177
provided in the negotiated agreement. The agreement shall 178
provide for the settlement of all debts and obligations of the 179
joint districts.
(B) The governing body of the fire and ambulance district 182
shall be a board of trustees of at least three but no more than 183
nine members, appointed as provided in the agreement creating the 184
district. Members of the board of trustees may be compensated at 185
a rate not to exceed thirty dollars per meeting for not more than 186
fifteen meetings per year, and may be reimbursed for all
necessary expenses incurred as provided in the agreement creating 187
the district. 188
The board shall employ a clerk and such other employees as 190
it considers best, including a fire chief or fire prevention 191
officers, and shall fix their compensation. Before entering upon 192
the duties of office, the clerk shall execute a bond, in the 193
amount and with surety to be approved by the board, payable to 195
the state, conditioned for the faithful performance of all of the 196
clerk's official duties. The clerk shall deposit the bond with 197
the presiding officer of the board, who shall file a copy of it,
certified by the presiding officer, with the county auditor of 198
the county containing the most territory in the district. 199
The board shall also provide for the appointment of a 201
fiscal officer for the district. The board may also enter into 202
agreements with volunteer fire companies for the use and 203
operation of fire-fighting equipment. Volunteer fire fighters 204
acting under such an agreement are subject to the requirements
for volunteer fire fighters set forth in division (A) of section 205
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505.38 of the Revised Code. 207
Employees of the district shall not be removed from office 209
except as provided by sections 733.35 to 733.39 of the Revised 211
Code, except that to initiate removal proceedings, the board 212
shall designate a private citizen, or if the employee is employed 213
as a fire fighter the board may designate the fire chief to 214
investigate, conduct the proceedings, and prepare the necessary 215
charges in conformity with sections 733.35 to 733.39 of the 216
Revised Code, and except that the board shall perform the 217
functions and duties specified for the municipal legislative 218
authority under those sections. The board may pay reasonable 219
compensation to any private citizen hired for services rendered 221
in the matter.
No person shall be appointed as a permanent full-time paid 223
member of the district whose duties include fire fighting, or be 224
appointed as a volunteer fire fighter, unless that person has 225
received a certificate issued under former section 3303.07 or 226
section 4765.55 of the Revised Code evidencing satisfactory 227
completion of a fire fighter training program. The board may 228
send its officers and fire fighters to schools of instruction
designed to promote the efficiency of fire fighters, and, if 229
authorized in advance, may pay their necessary expenses from the 230
funds used for the maintenance and operation of the district. 231
The board may choose, by adoption of an appropriate 233
resolution, to have the Ohio ambulance licensing board license 235
any emergency medical service organization it operates. If the
board adopts such a resolution, sections 4766.01 to 4766.05 and 236
4766.07 to 4766.12 of the Revised Code and all rules adopted 237
under those sections are applicable to the organization. The 238
board may likewise, by resolution, remove its emergency medical 239
service organization from the jurisdiction of the Ohio ambulance 240
licensing board. 241
(C) The board may exercise the following powers: 243
(1) Purchase or otherwise provide any fire apparatus, 245
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mechanical resuscitators, or other fire or ambulance equipment, 246
appliances, or materials; fire hydrants; and water supply for 247
fire-fighting purposes that seems advisable to the board; 248
(2) Provide for the care and maintenance of equipment and, 250
for that purpose, purchase, lease, or construct and maintain 251
necessary buildings;
(3) Establish and maintain lines of fire-alarm 253
communications within the limits of the district; 254
(4) Appropriate land for a fire station or medical 256
emergency unit needed in order to respond in reasonable time to a 257
fire or medical emergency, in accordance with Chapter 163. of the 258
Revised Code;
(5) Purchase, appropriate, or accept a deed or gift of 260
land to enlarge or improve a fire station or medical emergency 261
unit;
(6) Purchase, lease, maintain, and use all materials, 263
equipment, vehicles, buildings, and land necessary to perform its 264
duties;
(7) Contract for a period not to exceed three years with 266
one or more townships, municipal corporations, counties, joint 267
fire districts, governmental agencies, nonprofit corporations, or 269
private ambulance owners located either within or outside the 270
state, to furnish or receive ambulance services or emergency 271
medical services within the several territories of the 273
contracting parties, if the contract is first authorized by all
boards of trustees and legislative authorities concerned; 274
(8) ESTABLISH REASONABLE CHARGES FOR THE USE OF AMBULANCE 276
OR EMERGENCY MEDICAL SERVICES UNDER THE SAME CONDITIONS UNDER 277
WHICH A BOARD OF FIRE DISTRICT TRUSTEES MAY ESTABLISH THOSE 278
CHARGES UNDER SECTION 505.371 OF THE REVISED CODE; 279
(9) Establish all necessary rules to guard against the 281
occurrence of fires and to protect property and lives against 283
damage and accidents; 284
(9)(10) Adopt a standard code pertaining to fire, fire 286
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hazards, and fire prevention prepared and promulgated by the 288
state or by a public or private organization that publishes a 289
model or standard code;
(10)(11) Provide for charges for false alarms at 291
commercial establishments in the same manner as joint fire 293
districts are authorized to do under section 505.391 of the 294
Revised Code;
(11)(12) Issue bonds and other evidences of indebtedness, 296
subject to Chapter 133. of the Revised Code, but only after 298
approval by a vote of the electors of the district as provided by 299
section 133.18 of the Revised Code;
(12)(13) To provide the services and equipment it 301
considers necessary, levy a sufficient tax, subject to Chapter 303
5705. of the Revised Code, on all the taxable property in the 304
district.
(D) Any municipal corporation or township may join an 307
existing fire and ambulance district by its legislative
authority's adoption of a resolution requesting such membership 310
and upon approval of the board of the district. Any municipal 311
corporation or township may withdraw from a district by its
legislative authority's adoption of a resolution ordering 313
withdrawal. Upon its withdrawal, the municipal corporation or 314
township ceases to be a part of the district and the district's 315
power to levy a tax on taxable property in the withdrawing 316
township or municipal corporation terminates, except that the 317
district shall continue to levy and collect taxes for the payment 318
of indebtedness within the territory of the district as it was 319
composed at the time the indebtedness was incurred.
Upon the withdrawal of any township or municipal 321
corporation from a district, the county auditor of the county 322
containing the most territory in the district shall ascertain, 323
apportion, and order a division of the funds on hand, INCLUDING 324
FUNDS IN THE AMBULANCE AND EMERGENCY MEDICAL SERVICES FUND, 325
moneys and taxes in the process of collection except for taxes 326
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levied for the payment of indebtedness, credits, and real and 328
personal property on the basis of the valuation of the respective 329
tax duplicates of the withdrawing municipal corporation or 331
township and the remaining territory of the district.
(E) As used in this section: 333
(1) "Governmental agency" includes all departments, 335
boards, offices, commissions, agencies, colleges, universities, 336
institutions, and other instrumentalities of this or another 337
state.
(2) "Emergency medical service organization" has the same 339
meaning as in section 4766.01 of the Revised Code. 341
Sec. 4742.01. AS USED IN THIS CHAPTER: 343
(A) "EMERGENCY SERVICE PROVIDER" HAS THE SAME MEANING AS 346
IN SECTION 4931.40 OF THE REVISED CODE. 347
(B) "EMERGENCY SERVICE TELECOMMUNICATOR" MEANS AN 350
INDIVIDUAL EMPLOYED BY AN EMERGENCY SERVICE PROVIDER, WHOSE 351
PRIMARY RESPONSIBILITY IS TO BE AN OPERATOR FOR THE RECEIPT OR 352
PROCESSING OF CALLS FOR EMERGENCY SERVICES MADE BY TELEPHONE, 353
RADIO, OR OTHER ELECTRONIC MEANS. 354
Sec. 4742.02. (A) THE STATE BOARD OF EDUCATION, IN 357
CONJUNCTION WITH EMERGENCY SERVICE PROVIDERS, SHALL DEVELOP A
PROGRAM TO PROVIDE EMERGENCY SERVICE TELECOMMUNICATOR TRAINING, 359
AND SHALL IMPLEMENT THE PROGRAM NOT MORE THAN ONE YEAR AFTER THE 360
EFFECTIVE DATE OF THIS SECTION. IN DEVELOPING THE PROGRAM, THE 361
STATE BOARD AND THE EMERGENCY SERVICE PROVIDERS SHALL ACCEPT AND 362
CONSIDER SUGGESTIONS FROM ANY POLITICAL SUBDIVISION OR OTHER 363
ENTITY, WHETHER LOCATED WITHIN OR OUTSIDE OF THIS STATE, THAT 364
OFFERS SUGGESTIONS. THE PROGRAM SHALL INCLUDE ALL OF THE 365
FOLLOWING:
(1) A CURRICULUM FOR A BASIC COURSE OF EMERGENCY SERVICE 367
TELECOMMUNICATOR TRAINING THAT CONFORMS TO THE REQUIREMENTS OF 368
DIVISION (A) OF SECTION 4742.03 OF THE REVISED CODE; 370
(2) A CURRICULUM FOR CONTINUING EDUCATION COURSEWORK IN 372
EMERGENCY SERVICE TELECOMMUNICATOR TRAINING THAT CONFORMS TO THE 373
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REQUIREMENTS OF DIVISION (B) OF SECTION 4742.03 OF THE REVISED 376
CODE;
(3) STANDARDS AND EXAMINATIONS TO BE USED IN THE PROGRAM 378
TO CERTIFY THAT A PERSON HAS SUCCESSFULLY COMPLETED A BASIC 379
COURSE OF, OR CONTINUING EDUCATION COURSEWORK IN, EMERGENCY 380
SERVICE TELECOMMUNICATOR TRAINING;
(4) IMPLEMENTATION OF THE TRAINING PROGRAM AT VOCATIONAL 382
EDUCATION CENTERS THAT ARE APPROVED BY THE BOARD TO OFFER 383
VOCATIONAL EDUCATION; 384
(5) THE PROVISION AT LEAST EIGHT TIMES PER YEAR OF A BASIC 387
COURSE OF EMERGENCY SERVICE TELECOMMUNICATOR TRAINING AT
DIFFERENT VOCATIONAL EDUCATION CENTERS AROUND THIS STATE SELECTED 389
TO REASONABLY ACCOMMODATE PERSONS REQUESTING THE TRAINING; 390
(6) A REQUIREMENT THAT ANY EMPLOYEE OF AN EMERGENCY 392
SERVICE PROVIDER MAY ENROLL IN AND COMPLETE ANY COURSE OFFERED 394
UNDER THE PROGRAM AT NO CHARGE BY THE STATE BOARD TO THE EMPLOYEE
OR PROVIDER. THE TUITION AND MATERIALS COSTS FOR TRAINING SUCH 395
EMPLOYEES UNDER THE PROGRAM SHALL BE PAID FROM THE EMERGENCY 397
SERVICE TELECOMMUNICATOR TRAINING FUND CREATED UNDER DIVISION (B) 399
OF THIS SECTION.
(7) A REQUIREMENT THAT SPACE AVAILABLE IN EACH BASIC 401
COURSE OFFERED BY THE STATE BOARD SHALL BE ALLOCATED ON A 402
PRIORITY BASIS, FIRST TO UNPAID VOLUNTEERS OF EMERGENCY SERVICE 403
PROVIDERS, SECOND TO PAID VOLUNTEERS OF SUCH PROVIDERS, AND THIRD 404
TO OTHER PERSONS;
(8) A PROVISION ALLOWING PERSONS WHO ARE NOT EMPLOYEES OF 406
EMERGENCY SERVICE PROVIDERS TO ENROLL IN ANY COURSE OFFERED UNDER 408
THE PROGRAM, ON A SPACE-AVAILABLE BASIS. THE STATE BOARD MAY 409
CHARGE REASONABLE TUITION TO SUCH PERSONS TO ATTEND THE COURSE. 410
(B) THE EMERGENCY SERVICE TELECOMMUNICATOR TRAINING FUND 413
IS HEREBY ESTABLISHED IN THE STATE TREASURY. THE STATE BOARD OF 414
EDUCATION SHALL USE MONEY IN THE FUND ONLY FOR THE FOLLOWING 415
PURPOSES:
(1) TO DEVELOP THE EMERGENCY SERVICE TELECOMMUNICATOR 417
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TRAINING PROGRAM REQUIRED UNDER DIVISION (A) OF THIS SECTION; 419
(2) TO PAY THE COMPENSATION OF STATE BOARD OF EDUCATION 421
EMPLOYEES WHO ADMINISTER THE PROGRAM AND THE STATE BOARD'S COSTS 422
OF TRAINING EMPLOYEES OF EMERGENCY SERVICE PROVIDERS AT COURSES 424
OFFERED UNDER THE PROGRAM. 425
(C) THE STATE BOARD OF EDUCATION, IN ACCORDANCE WITH 428
CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES NECESSARY TO 429
DEVELOP AND ADMINISTER THE TRAINING PROGRAM UNDER THIS SECTION. 430
Sec. 4742.03. (A) A PERSON MAY OBTAIN CERTIFICATION AS AN 432
EMERGENCY SERVICE TELECOMMUNICATOR BY SUCCESSFULLY COMPLETING A 433
BASIC COURSE OF EMERGENCY SERVICE TELECOMMUNICATOR TRAINING THAT 434
IS CONDUCTED BY THE STATE BOARD OF EDUCATION UNDER SECTION 435
4742.02 OF THE REVISED CODE. THE BASIC COURSE OF EMERGENCY
SERVICE TELECOMMUNICATOR TRAINING SHALL INCLUDE, BUT NOT BE 436
LIMITED TO, BOTH OF THE FOLLOWING: 437
(1) AT LEAST FORTY HOURS OF INSTRUCTION OR TRAINING; 439
(2) INSTRUCTIONAL OR TRAINING UNITS IN ALL OF THE 441
FOLLOWING SUBJECTS: 442
(a) THE ROLE OF THE EMERGENCY SERVICE TELECOMMUNICATOR; 445
(b) EFFECTIVE COMMUNICATION SKILLS; 447
(c) EMERGENCY SERVICE TELECOMMUNICATOR LIABILITY; 449
(d) TELEPHONE TECHNIQUES; 451
(e) REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT 454
OF 1990," 104 STAT. 327, 42 U.S.C. 12101, AS AMENDED, THAT 455
PERTAIN TO EMERGENCY SERVICE TELECOMMUNICATORS; 456
(f) HANDLING HYSTERICAL AND SUICIDAL CALLERS; 458
(g) LAW ENFORCEMENT TERMINOLOGY; 460
(h) FIRE SERVICE TERMINOLOGY; 462
(i) EMERGENCY MEDICAL SERVICE TERMINOLOGY; 464
(j) EMERGENCY CALL PROCESSING GUIDES FOR LAW ENFORCEMENT; 467
(k) EMERGENCY CALL PROCESSING GUIDES FOR FIRE SERVICE; 470
(l) EMERGENCY CALL PROCESSING GUIDES FOR EMERGENCY MEDICAL 473
SERVICE;
(m) RADIO BROADCAST TECHNIQUES; 475
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(n) DISASTER PLANNING; 477
(o) POLICE OFFICER SURVIVAL, FIRE OR EMERGENCY MEDICAL 480
SERVICE SCENE SAFETY, OR BOTH POLICE OFFICER SURVIVAL AND FIRE OR 481
EMERGENCY MEDICAL SERVICE SCENE SAFETY. 482
(B) A PERSON MAY MAINTAIN CERTIFICATION AS AN EMERGENCY 484
SERVICE TELECOMMUNICATOR BY SUCCESSFULLY COMPLETING AT LEAST 485
EIGHT HOURS OF CONTINUING EDUCATION COURSEWORK IN EMERGENCY 486
SERVICE TELECOMMUNICATOR TRAINING DURING EACH TWO-YEAR PERIOD 487
AFTER A PERSON FIRST OBTAINS THE CERTIFICATION REFERRED TO IN 488
DIVISION (A) OF THIS SECTION. THE CONTINUING EDUCATION 489
COURSEWORK SHALL CONSIST OF REVIEW AND ADVANCED TRAINING AND 490
INSTRUCTION IN THE SUBJECTS LISTED IN DIVISION (A)(2) OF THIS 491
SECTION. 492
(C) IF A PERSON SUCCESSFULLY COMPLETES THE BASIC COURSE OF 494
EMERGENCY SERVICE TELECOMMUNICATOR TRAINING DESCRIBED IN DIVISION 495
(A) OF THIS SECTION, THE STATE BOARD OF EDUCATION OR A DESIGNEE 496
OF THE BOARD SHALL CERTIFY THE PERSON'S SUCCESSFUL COMPLETION. 497
THE BOARD SHALL SEND A COPY OF THE CERTIFICATION TO THE PERSON 498
AND TO THE EMERGENCY SERVICE PROVIDER BY WHOM THE PERSON IS 499
EMPLOYED.
IF A PERSON SUCCESSFULLY COMPLETES THE CONTINUING EDUCATION 501
COURSEWORK DESCRIBED IN DIVISION (B) OF THIS SECTION, THE STATE 502
BOARD OF EDUCATION OR A DESIGNEE OF THE BOARD SHALL CERTIFY THE 503
PERSON'S SUCCESSFUL COMPLETION. THE BOARD SHALL SEND A COPY OF 504
THE CERTIFICATION TO THE PERSON AND TO THE EMERGENCY SERVICE 505
PROVIDER BY WHOM THE PERSON IS EMPLOYED.
Sec. 4742.04. (A) A PERSON MAY OBTAIN CERTIFICATION AS AN 508
EMERGENCY SERVICE TELECOMMUNICATOR BY SUCCESSFULLY COMPLETING A 510
BASIC COURSE OF EMERGENCY SERVICE TELECOMMUNICATOR TRAINING THAT 511
IS CONDUCTED BY OR UNDER THE DIRECTION OF AN EMERGENCY SERVICE 512
PROVIDER. PRIOR TO SUCH A COURSE BEING CONDUCTED, THE EMERGENCY 513
SERVICE PROVIDER SHALL CERTIFY THAT THE COURSE MEETS THE 514
REQUIREMENTS OF DIVISION (A) OF SECTION 4742.03 OF THE REVISED 515
CODE. IF A PERSON SUCCESSFULLY COMPLETES THE COURSE, THE 516
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EMERGENCY SERVICE PROVIDER SHALL CERTIFY THE PERSON'S SUCCESSFUL 517
COMPLETION.
(B) A PERSON MAY MAINTAIN CERTIFICATION AS AN EMERGENCY 520
SERVICE TELECOMMUNICATOR BY SUCCESSFULLY COMPLETING CONTINUING 522
EDUCATION COURSEWORK IN EMERGENCY SERVICE TELECOMMUNICATOR 523
TRAINING THAT IS CONDUCTED BY OR UNDER THE DIRECTION OF AN 524
EMERGENCY SERVICE PROVIDER. PRIOR TO SUCH COURSEWORK BEING 525
CONDUCTED, THE EMERGENCY SERVICE PROVIDER SHALL CERTIFY THAT THE 526
COURSEWORK MEETS THE REQUIREMENTS OF DIVISION (B) OF SECTION 527
4742.03 OF THE REVISED CODE. IF A PERSON SUCCESSFULLY COMPLETES 529
THE COURSEWORK, THE EMERGENCY SERVICE PROVIDER SHALL CERTIFY THE 530
PERSON'S SUCCESSFUL COMPLETION.
(C) UPON CERTIFICATION OF A PERSON UNDER DIVISION (A) OR 533
(B) OF THIS SECTION, THE EMERGENCY SERVICE PROVIDER THAT
CERTIFIES THE PERSON SHALL SEND A COPY OF THE CERTIFICATION TO 534
THE PERSON AND TO THE EMERGENCY SERVICE PROVIDER BY WHOM THE 536
PERSON IS EMPLOYED UNLESS THE EMERGENCY SERVICE PROVIDER
CERTIFYING THE PERSON IS THE PERSON'S EMPLOYER. 537
Sec. 4742.05. (A) A PROPRIETARY SCHOOL THAT HOLDS A VALID 540
CERTIFICATE OF REGISTRATION FROM THE STATE BOARD OF PROPRIETARY 541
SCHOOL REGISTRATION MAY APPLY TO THE STATE BOARD OF EDUCATION FOR
CERTIFICATION OF A BASIC COURSE OF EMERGENCY SERVICE 542
TELECOMMUNICATOR TRAINING OR OF CONTINUING EDUCATION COURSEWORK 543
IN EMERGENCY SERVICE TELECOMMUNICATOR TRAINING. THE STATE BOARD 544
OF EDUCATION SHALL PRESCRIBE THE FORM OF THE APPLICATION. 545
(B) UPON RECEIPT OF AN APPLICATION, THE STATE BOARD OF 548
EDUCATION SHALL REVIEW IT AND CONSIDER WHETHER THE PROPOSED
COURSE OR COURSEWORK MEETS THE REQUIREMENTS OF DIVISION (A) OR 550
(B) OF SECTION 4742.03 OF THE REVISED CODE CONCERNING COURSE 552
LENGTH AND CONTENT. IF THE PROPOSED COURSE OR COURSEWORK MEETS 553
THOSE REQUIREMENTS, THE STATE BOARD OF EDUCATION SHALL ISSUE A 554
CERTIFICATION OF THAT FACT TO THE PROPRIETARY SCHOOL. INCLUSION 555
OF ON-SITE VERIFIABLE ELECTRONIC TRAINING AS PART OF A PROPOSED
BASIC OR CONTINUING EDUCATION COURSE SHALL NOT BE A REASON FOR 556
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THE STATE BOARD TO DENY CERTIFICATION. 557
(C) IF, AFTER RECEIVING A CERTIFICATION FROM THE STATE 560
BOARD OF EDUCATION UNDER THIS SECTION, THE PROPRIETARY SCHOOL
CHANGES THE APPROVED COURSE OR COURSEWORK, THE PRIOR 561
CERTIFICATION IS CANCELED AND THE PROPRIETARY SCHOOL SHALL APPLY 562
TO THE STATE BOARD OF EDUCATION FOR CERTIFICATION OF THE CHANGED 563
COURSE OR COURSEWORK.
Sec. 4742.06. (A) A PERSON MAY OBTAIN CERTIFICATION AS AN 566
EMERGENCY SERVICE TELECOMMUNICATOR BY SUCCESSFULLY COMPLETING A 567
BASIC COURSE OF EMERGENCY SERVICE TELECOMMUNICATOR TRAINING THAT
IS CONDUCTED BY A PROPRIETARY SCHOOL THAT HAS OBTAINED 568
CERTIFICATION OF THAT COURSE FROM THE STATE BOARD OF EDUCATION 569
UNDER SECTION 4742.05 OF THE REVISED CODE. IF A PERSON 571
SUCCESSFULLY COMPLETES THE COURSE, THE PROPRIETARY SCHOOL SHALL
CERTIFY THE PERSON'S SUCCESSFUL COMPLETION. 572
(B) A PERSON MAY MAINTAIN CERTIFICATION AS AN EMERGENCY 575
SERVICE TELECOMMUNICATOR BY SUCCESSFULLY COMPLETING CONTINUING
EDUCATION COURSEWORK IN EMERGENCY SERVICE TELECOMMUNICATOR 576
TRAINING THAT IS CONDUCTED BY A PROPRIETARY SCHOOL THAT HAS 577
OBTAINED CERTIFICATION OF THAT COURSEWORK FROM THE STATE BOARD OF 578
EDUCATION UNDER SECTION 4742.05 OF THE REVISED CODE. IF A PERSON 580
SUCCESSFULLY COMPLETES THE COURSEWORK, THE PROPRIETARY SCHOOL
SHALL CERTIFY THE PERSON'S SUCCESSFUL COMPLETION. 581
(C) UPON CERTIFICATION OF A PERSON'S SUCCESSFUL COMPLETION 584
UNDER DIVISION (A) OR (B) OF THIS SECTION, THE PROPRIETARY SCHOOL 585
SHALL SEND A COPY OF THE CERTIFICATION TO THE PERSON AND TO THE 586
EMERGENCY SERVICE PROVIDER THAT EMPLOYS THE PERSON. 587
(D) TUITION AND MATERIALS COSTS FOR A PERSON ENROLLED IN A 589
CERTIFIED BASIC OR CONTINUING EDUCATION COURSE CONDUCTED BY A 590
PROPRIETARY SCHOOL SHALL BE PAID BY THE PERSON, AN EMERGENCY 591
SERVICE PROVIDER, OR ANY OTHER ENTITY ON BEHALF OF THE PERSON OR 593
AN EMERGENCY SERVICE PROVIDER.
Section 2. That existing sections 505.371 and 505.375 of 595
the Revised Code are hereby repealed. 596
15
Section 3. Within ten working days after the effective 599
date of this section, the Department of Education shall request 600
the Controlling Board to transfer $250,000 cash in fiscal year 601
1998 from the General Revenue Fund line item 911-430, Emergency 602
9-1-1 Training, to the Emergency Service Telecommunicator 603
Training Fund (Fund 4M4) to be used by the Department of 604
Education pursuant to section 4742.02 of the Revised Code. The 605
Department of Education shall request the Controlling Board to 606
transfer the same amount of cash to be used for the same purpose 607
within ten working days after July 1, 1998.
Section 4. All items in this section are hereby 609
appropriated as designated out of moneys in the state treasury to 610
the credit of the State Special Revenue Fund Group. For all 611
appropriations made in this act, those in the first column are 612
for fiscal year 1998 and those in the second column are for
fiscal year 1999. The appropriations made in this act are in 613
addition to any other appropriations made for the 1997-1999 614
biennium.
EDU DEPARTMENT OF EDUCATION 615
State Special Revenue Fund Group 618
4M4 200-637 Emergency Service 620
Telecommunicator
Training Fund $ 250,000 $ 250,000 622
Total State Special Revenue Fund $ 250,000 $ 250,000 625
Group
TOTAL ALL BUDGET FUND GROUPS $ 250,000 $ 250,000 628
Emergency Service Telecommunicator Training 631
The foregoing appropriation item 200-637, Emergency Service 633
Telecommunicator Training Fund, shall be used by the Department 634
of Education for the purpose of developing an emergency service 635
telecommunicator training program and to pay the costs of 636
training employees of emergency service providers at courses
offered under the program, pursuant to section 4742.02 of the 637
Revised Code.
16
Notwithstanding the requirements of section 4742.02 of the 639
Revised Code, the Department of Education may reduce required 640
activities pursuant to those sections in order that program 641
expenditures not exceed $250,000 in either fiscal year 1998 or 642
fiscal year 1999.
Within the limits set forth in this act, the Director of 644
Budget and Management shall establish accounts indicating the 645
source and amount of funds for each appropriation made in this 646
act, and shall determine the form and manner in which 647
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as 648
though made by H. B. 215 of the 122nd General Assembly. 649
The appropriations made in this act are subject to all 651
provisions of H. B. 215 for the 1997-1999 biennium that are 652
generally applicable to the State Special Revenue Fund Group. 654
Section 5. That Section 3 of Sub. H.B. 254 of the 118th 657
General Assembly, as amended by Am. Sub. H.B. 117 of the 121st
General Assembly, be amended to read as follows: 658
"Sec. 3. That sections 4905.76, 4905.77, 4905.78, 4905.84, 660
4905.85, 4909.50, and 5727.43 of the Revised Code are hereby 662
repealed, effective January 1 DECEMBER 31, 1998 1999. 664
NOTWITHSTANDING THE REPEAL OF SECTION 5727.43 OF THE REVISED 666
CODE, A TELEPHONE COMPANY MAY CLAIM THE CREDIT AUTHORIZED BY THAT 667
SECTION THROUGH DECEMBER 31, 1999, FOR THE PUBLIC UTILITY EXCISE 669
TAX PRIVILEGE YEAR MEASURED FROM JULY 1, 1999, TO JUNE 30, 2000." 670
Section 6. That existing Section 3 of Sub. H.B. 254 of the 673
118th General Assembly, as amended by Am. Sub. H.B. 117 of the
121st General Assembly, is hereby repealed. 674
Section 7. Except as otherwise specifically provided in 676
this act, the codified and uncodified sections of law contained 677
in this act are not subject to the referendum. Therefore, under 678
Ohio Constitution, Article II, Section 1d and section 1.471 of 679
the Revised Code, the codified and uncodified sections of law 680
contained in this act, except as otherwise specifically provided 681
17
in this act, go into immediate effect when this act becomes law. 682
Section 8. Sections 505.371 and 505.375 of the Revised 684
Code, as amended by this act, are subject to the referendum. 685
Therefore, under Ohio Constitution, Article II, Section 1c and 686
section 1.471 of the Revised Code, the sections as amended take 687
effect on the ninety-first day after this act is filed with the
Secretary of State. If, however, a referendum petition is filed 688
against the sections as amended, the sections as amended, unless 689
rejected at the referendum, take effect at the earliest time 690
permitted by law.
Section 9. Notwithstanding anything to the contrary in the 692
second paragraph of division (B) of section 4905.10 of the 693
Revised Code as amended by Am. Sub. H. B. 215 of the 122nd 694
General Assembly, the amount that the Director of Budget and 696
Management is required to transfer back to the General Revenue
Fund from the Public Utilities Fund for the 1998 fiscal year 697
shall be reduced by the amount of any credits given to the 698
railroads and public utilities during the 1998 fiscal year. 699
Section 10. Notwithstanding anything to the contrary in 701
the fourth paragraph of section 4911.18 of the Revised Code as 702
amended by Am. Sub. H.B. 215 of the 122nd General Assembly, the 703
amount that the Director of Budget and Management is required to 704
transfer back to the General Revenue Fund from the Consumers'
Counsel Operating Fund not later than December 31, 1997, shall be 705
reduced by the amount of any credits given to public utility 706
companies during the 1998 fiscal year. 707