As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 152 5
1999-2000 6
REPRESENTATIVES LOGAN-KRUPINSKI 8
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A B I L L
To amend sections 4931.40, 4931.44, 4931.49, 11
4931.50, and 4931.53; to amend, for the purpose 12
of adopting a new section number as shown in 13
parentheses, section 4931.53 (4931.54); and to
enact new section 4931.53 of the Revised Code to 14
provide for a monthly charge not exceeding fifty 15
cents on telephone access lines to fund the 16
operating and equipment costs of establishing and 17
maintaining no more than one public safety
answering point of a countywide 9-1-1 system that 18
previously lacked funding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 4931.40, 4931.44, 4931.49, 22
4931.50, and 4931.53 be amended, section 4931.53 (4931.54) be 23
amended for the purpose of adopting a new section number as shown 24
in parentheses, and new section 4931.53 of the Revised Code be 25
enacted to read as follows: 26
Sec. 4931.40. As used in sections 4931.40 to 4931.53 35
4931.54 of the Revised Code: 37
(A) "9-1-1 system" means a system through which 39
individuals can request emergency service using the telephone 40
number 9-1-1. 41
(B) "Basic 9-1-1" means a 9-1-1 system in which a caller 43
provides information on the nature of and the location of an 44
emergency, and the personnel receiving the call must determine 45
the appropriate emergency service provider to respond at that 46
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location. 47
(C) "Enhanced 9-1-1" means a 9-1-1 system in which the 49
telephone network system automatically provides to personnel 50
receiving the call, immediately on answering the 9-1-1 call, 51
information on the location and the telephone number from which 52
the call is being made, and routes the call to emergency service 53
providers that serve the location from which the call is made. 54
(D) "Subdivision" means a county, municipal corporation, 56
township, township fire district, joint fire district, township 57
police district, joint ambulance district, or joint emergency 59
medical services district that provides emergency service within 60
its territory, or that contracts with another municipal 61
corporation, township, or district or with a private entity to 62
provide such service; and a state college or university, port 63
authority, or park district of any kind that employs law 64
enforcement officers that act as the primary police force on the 65
grounds of the college or university or port authority or in the 66
parks operated by the district.
(E) "Emergency service" means emergency police, 68
firefighting, ambulance, rescue, and medical service. 69
(F) "Emergency service provider" means the state highway 71
patrol and an emergency service department or unit of a 72
subdivision or that operates in a subdivision under contract with 73
the subdivision. 74
(G) "Public safety answering point" means a facility to 76
which 9-1-1 system calls for a specific territory are initially 77
routed for response and where subdivision personnel respond to 78
specific requests for emergency service by directly dispatching 79
the appropriate emergency service provider, relaying a message to 80
the appropriate provider, or transferring the call to the 81
appropriate provider. 82
(H) "Customer premises equipment" means telecommunications 84
equipment, including telephone instruments, on the premises of a 85
public safety answering point that is used in answering and 86
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responding to 9-1-1 system calls. 87
(I) "Municipal corporation in the county" includes any 89
municipal corporation that is wholly contained in the county and 90
each municipal corporation located in more than one county that 91
has a greater proportion of its territory in the county to which 92
the term refers than in any other county. 93
(J) "Board of county commissioners" includes the 95
legislative authority of a county established under Section 3 of 96
Article X, Ohio Constitution, or Chapter 302. of the Revised 97
Code. 98
(K) "Final plan" means a final plan adopted under division 100
(B) of section 4931.44 of the Revised Code and, except as 101
otherwise expressly provided, an amended final plan adopted under 102
section 4931.45 of the Revised Code. 103
(L) "Subdivision served by a public safety answering 105
point" means a subdivision that provides emergency service for 106
any part of its territory that is located within the territory of 107
a public safety answering point whether the subdivision provides 108
the emergency service with its own employees or pursuant to a 109
contract. 110
(M) A township's population includes only population of 112
the unincorporated portion of the township. 113
(N) "Telephone company" means a company engaged in the 115
business of providing local exchange telephone service by making 118
available or furnishing access and a dial tone to persons within 119
a local calling area for use in originating and receiving voice 120
grade communications over a switched network operated by the
provider of the service within the area and gaining access to 121
other telecommunications services. 122
Sec. 4931.44. (A) Within sixty days after receipt of the 131
final plan pursuant to division (C) of section 4931.43 of the 132
Revised Code, the board of county commissioners of the county and 133
the legislative authority of each municipal corporation in the 134
county and of each township whose territory is proposed to be 135
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included in a countywide 9-1-1 system shall act by resolution to 136
approve or disapprove the plan, except that, with respect to a 137
final plan that provides for funding of the 9-1-1 system in part 138
through charges imposed under section 4931.51 of the Revised 139
Code, the board of county commissioners shall not act by 140
resolution to approve or disapprove the plan until after a 141
resolution adopted under section 4931.51 of the Revised Code has 142
become effective as provided in division (D) of that section. A 143
municipal corporation or township whose territory is proposed to 144
be included in the system includes any municipal corporation or 145
township in which a part of its territory is excluded pursuant to 146
division (A)(2) of section 4931.41 of the Revised Code. Each 147
such authority shall immmediately IMMEDIATELY notify the board of 149
county commissioners in writing of its approval or disapproval of 150
the final plan. Failure by a board or legislative authority to 151
notify the board of county commissioners of approval or 152
disapproval within such sixty-day period shall be deemed 153
disapproval by such board or authority. 154
(B) As used in this division, "county's population" 156
excludes the population of any municipal corporation or township 157
that, under the plan, is completely excluded from 9-1-1 service 158
in the county's final plan. A countywide plan will become 159
effective if all of the following entities approve the plan in 160
accordance with this section: 161
(1) The board of county commissioners; 163
(2) The legislative authority of a municipal corporation 165
that contains at least thirty per cent of the county's 166
population, if any; 167
(3) The legislative authorities of municipal corporations 169
and townships that contain at least sixty per cent of the 170
county's population or, if the plan has been approved by a 171
municipal corporation that contains at least sixty per cent of 172
the county's population, by the legislative authorities of 173
municipal corporations and townships that contain at least 174
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seventy-five per cent of the county's population. 175
(C) After a countywide plan approved in accordance with 177
this section is adopted, all of the telephone companies and 178
subdivisions included in the plan are subject to the specific 179
requirements of the plan and to sections 4931.40 to 4931.51 180
4931.54 of the Revised Code. 182
Sec. 4931.49. (A) The state, the state highway patrol, or 191
a subdivision participating in a 9-1-1 system and any officer, 192
agent, or employee of the state, state highway patrol, or a 193
participating subdivision is not liable in damages in a civil 194
action for injuries, death, or loss to persons or property 195
arising from any act or omission, except willful or wanton 196
misconduct, in connection with developing, adopting, or approving 197
any final plan or any agreement made under section 4931.48 of the 198
Revised Code or otherwise bringing into operation a 9-1-1 system 199
pursuant to those provisions. 200
(B) Except as otherwise provided in sections 701.02 and 202
4765.49 of the Revised Code, an individual who gives emergency 203
instructions through a 9-1-1 system established under sections 204
4931.40 to 4931.51 4931.54 of the Revised Code, and the 205
principals for whom the person acts, including both employers and 207
independent contractors, public and private, and an individual 208
who follows emergency instructions and the principals for whom 209
that person acts, including both employers and independent 210
contractors, public and private, are not liable in damages in a 211
civil action for injuries, death, or loss to persons or property 212
arising from the issuance or following of emergency instructions, 213
except where the issuance or following of the instructions 214
constitutes willful or wanton misconduct. 215
(C) A telephone company, and any other installer, 217
maintainer, or provider, through the sale or otherwise, of 218
customer premises equipment, and their respective officers, 219
directors, employees, agents, and suppliers are not liable in 220
damages in a civil action for injuries, death, or loss to persons 221
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or property incurred by any person resulting from such an 222
entity's or its officers', directors', employees', agents', or 223
suppliers' participation in or acts or omissions in connection 224
with that participation in a 9-1-1 system whether that system is 225
established pursuant to sections 4931.40 to 4931.51 4931.54 of 226
the Revised Code or otherwise in accordance with the telephone 228
company's schedules regarding 9-1-1 systems filed with the public 229
utilities commission pursuant to section 4905.30 of the Revised 230
Code. 231
(D) No person shall knowingly use the telephone number of 233
the 9-1-1 system to report an emergency if he THE PERSON knows 234
that no emergency exists. 236
(E) No person shall disclose or use, for any purpose other 238
than for the 9-1-1 system, any information concerning telephone 239
numbers, addresses, or names obtained from the data base that 240
serves the public safety answering point of a 9-1-1 system 241
established under sections 4931.40 to 4931.51 4931.54 of the 242
Revised Code, except that a telephone company may disclose or use 244
such information to assist a public utility or municipal utility 245
in handling customer calls in times of public emergency or 246
service outages. The charge, terms, and conditions for the 247
disclosure or use of such information by the telephone company 248
shall be subject to the jurisdiction of the public utilities
commission. In no event shall such information be disclosed or 249
used for any purpose not permitted by this division. 250
Sec. 4931.50. The attorney general, upon request of the 259
public utilities commission or on his THE ATTORNEY GENERAL'S own 260
initiative, shall begin proceedings against a subdivision or 262
telephone company to enforce compliance with sections 4931.40 to 263
4931.51 4931.54 of the Revised Code, or with the terms, 264
conditions, requirements, or specifications of a final plan or of 266
an agreement under section 4931.48 of the Revised Code. 267
Sec. 4931.53. (A) THIS SECTION APPLIES ONLY TO A COUNTY 269
THAT HAS A FINAL PLAN FOR A COUNTYWIDE 9-1-1 SYSTEM THAT EITHER 271
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HAS NOT BEEN APPROVED IN THE COUNTY UNDER SECTION 4931.44 OF THE 272
REVISED CODE OR HAS BEEN APPROVED BUT HAS NOT BEEN PUT INTO 273
OPERATION BECAUSE OF A LACK OF FUNDING. 274
(B) A BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION 276
IMPOSING A MONTHLY CHARGE ON TELEPHONE ACCESS LINES TO PAY FOR 277
THE OPERATING AND EQUIPMENT COSTS OF ESTABLISHING AND MAINTAINING 278
NO MORE THAN ONE PUBLIC SAFETY ANSWERING POINT OF A COUNTYWIDE 279
9-1-1 SYSTEM. THE RESOLUTION SHALL STATE THE AMOUNT OF THE 280
CHARGE, WHICH SHALL NOT EXCEED FIFTY CENTS PER MONTH, AND THE 281
MONTH THE CHARGE WILL FIRST BE IMPOSED, WHICH SHALL BE NO EARLIER 282
THAN FOUR MONTHS AFTER THE SPECIAL ELECTION HELD PURSUANT TO THIS 283
SECTION. EACH RESIDENTIAL AND BUSINESS TELEPHONE COMPANY 284
CUSTOMER WITHIN THE AREA SERVED BY THE 9-1-1 SYSTEM SHALL PAY THE 285
MONTHLY CHARGE FOR EACH OF ITS RESIDENTIAL OR BUSINESS CUSTOMER 286
ACCESS LINES OR THEIR EQUIVALENT. 287
BEFORE ADOPTING A RESOLUTION UNDER THIS DIVISION, THE BOARD 289
OF COUNTY COMMISSIONERS SHALL HOLD AT LEAST TWO PUBLIC HEARINGS 290
ON THE PROPOSED CHARGE. BEFORE THE FIRST HEARING, THE BOARD 291
SHALL PUBLISH NOTICE OF THE HEARINGS ONCE A WEEK FOR TWO 292
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 293
COUNTY. THE NOTICE SHALL STATE THE AMOUNT OF THE PROPOSED 294
CHARGE, AN EXPLANATION OF THE NECESSITY FOR THE CHARGE, AND THE 295
DATE, TIME, AND LOCATION OF EACH OF THE HEARINGS. 296
(C) A RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS 298
SECTION SHALL DIRECT THE BOARD OF ELECTIONS TO SUBMIT THE 299
QUESTION OF IMPOSING THE CHARGE TO THE ELECTORS OF THE COUNTY AT 300
A SPECIAL ELECTION ON THE DAY OF THE NEXT PRIMARY OR GENERAL 301
ELECTION IN THE COUNTY. THE BOARD OF COUNTY COMMISSIONERS SHALL 302
CERTIFY A COPY OF THE RESOLUTION TO THE BOARD OF ELECTIONS NOT 303
LESS THAN SEVENTY-FIVE DAYS BEFORE THE DAY OF THE SPECIAL 304
ELECTION. NO RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS 305
SECTION SHALL TAKE EFFECT UNLESS APPROVED BY A MAJORITY OF THE 306
ELECTORS VOTING UPON THE RESOLUTION AT AN ELECTION HELD PURSUANT 307
TO THIS SECTION. 308
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IN ANY YEAR, THE BOARD OF COUNTY COMMISSIONERS MAY IMPOSE A 310
LESSER CHARGE THAN THE AMOUNT ORIGINALLY APPROVED BY THE 311
ELECTORS. THE BOARD MAY CHANGE THE AMOUNT OF THE CHARGE NO MORE 312
THAN ONCE A YEAR. THE BOARD SHALL NOT IMPOSE A CHARGE GREATER 313
THAN THE AMOUNT APPROVED BY THE ELECTORS WITHOUT FIRST HOLDING AN 314
ELECTION ON THE QUESTION OF THE GREATER CHARGE. 315
(D) MONEY RAISED FROM A MONTHLY CHARGE ON TELEPHONE ACCESS 317
LINES UNDER THIS SECTION SHALL BE DEPOSITED INTO A SPECIAL FUND 318
CREATED IN THE COUNTY TREASURY BY THE BOARD OF COUNTY 319
COMMISSIONERS PURSUANT TO SECTION 5705.12 OF THE REVISED CODE, TO 321
BE USED ONLY FOR THE NECESSARY OPERATING AND EQUIPMENT COSTS OF 322
ESTABLISHING AND MAINTAINING NO MORE THAN ONE PUBLIC SAFETY 323
ANSWERING POINT OF A COUNTYWIDE 9-1-1 SYSTEM PURSUANT TO A 324
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION. IN 325
COMPLYING WITH THIS DIVISION, ANY COUNTY MAY SEEK THE ASSISTANCE 326
OF THE PUBLIC UTILITIES COMMISSION WITH REGARD TO OPERATING AND 327
MAINTAINING A 9-1-1 SYSTEM. 328
(E) PURSUANT TO THE VOTER APPROVAL REQUIRED BY DIVISION 331
(C) OF THIS SECTION, THE FINAL PLAN FOR A COUNTYWIDE 9-1-1 SYSTEM
THAT WILL BE FUNDED THROUGH A MONTHLY CHARGE IMPOSED IN 332
ACCORDANCE WITH THIS SECTION SHALL BE AMENDED BY THE EXISTING 333
9-1-1 PLANNING COMMITTEE, AND THE AMENDMENT OF SUCH A FINAL PLAN 334
IS NOT AN AMENDMENT OF A FINAL PLAN FOR THE PURPOSE OF DIVISION 336
(A) OF SECTION 4931.45 OF THE REVISED CODE.
Sec. 4931.53 4931.54. (A) As part of its normal monthly 345
billing process, each telephone company with customers in the 347
area served by a 9-1-1 system shall bill and collect from those 348
customers any charge imposed under section 4931.52 OR 4931.53 of 349
the Revised Code. The company may list the charge as a separate 351
entry on each bill and may indicate on the bill that the charge 352
is made pursuant to approval of a ballot issue by county voters. 353
Any customer billed by a company for a charge imposed under 354
section 4931.52 OR 4931.53 of the Revised Code is liable to the 356
county for the amount billed. The company shall apply any 357
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partial payment of a customer's bill first to the amount the 358
customer owes the company. The company shall keep complete 359
records of charges it bills and collects, and such records shall 360
be open during business hours for inspection by the county 361
commissioners or their agents or employees. If a company fails 362
to bill any customer for the charge, it is liable to the county 363
for the amount that was not billed.
(B) A telephone company that collects charges under this 365
section shall remit the money to the county on a quarterly basis. 366
The company may retain three per cent of any charge it collects 367
as compensation for the costs of such collection. If a company 368
collects charges under this section and fails to remit the money 369
to the county as prescribed, it is liable to the county for any 370
amount collected and not remitted. 371
Section 2. That existing sections 4931.40, 4931.44, 373
4931.49, 4931.50, and 4931.53 of the Revised Code are hereby 374
repealed.