As Reported by House Public Utilities Committee 1
123rd General Assembly 4
Regular Session H. B. No. 152 5
1999-2000 6
REPRESENTATIVES LOGAN-KRUPINSKI-SULZER-VERICH-OLMAN-BRITTON- 8
HARTNETT-MEAD 9
_________________________________________________________________ 10
A B I L L
To amend sections 4931.40, 4931.44, 4931.49, 12
4931.50, and 4931.53; to amend, for the purpose 13
of adopting a new section number as shown in 14
parentheses, section 4931.53 (4931.54); and to
enact new section 4931.53 of the Revised Code to 15
provide for a monthly charge not exceeding fifty 16
cents on telephone access lines to fund the 17
operating and equipment costs of establishing and 18
maintaining no more than one public safety
answering point of a countywide 9-1-1 system that 19
previously lacked funding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 4931.40, 4931.44, 4931.49, 23
4931.50, and 4931.53 be amended, section 4931.53 (4931.54) be 24
amended for the purpose of adopting a new section number as shown 25
in parentheses, and new section 4931.53 of the Revised Code be 26
enacted to read as follows: 27
Sec. 4931.40. As used in sections 4931.40 to 4931.53 36
4931.54 of the Revised Code: 38
(A) "9-1-1 system" means a system through which 40
individuals can request emergency service using the telephone 41
number 9-1-1. 42
(B) "Basic 9-1-1" means a 9-1-1 system in which a caller 44
provides information on the nature of and the location of an 45
emergency, and the personnel receiving the call must determine 46
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the appropriate emergency service provider to respond at that 47
location. 48
(C) "Enhanced 9-1-1" means a 9-1-1 system in which the 50
telephone network system automatically provides to personnel 51
receiving the call, immediately on answering the 9-1-1 call, 52
information on the location and the telephone number from which 53
the call is being made, and routes the call to emergency service 54
providers that serve the location from which the call is made. 55
(D) "Subdivision" means a county, municipal corporation, 57
township, township fire district, joint fire district, township 58
police district, joint ambulance district, or joint emergency 60
medical services district that provides emergency service within 61
its territory, or that contracts with another municipal 62
corporation, township, or district or with a private entity to 63
provide such service; and a state college or university, port 64
authority, or park district of any kind that employs law 65
enforcement officers that act as the primary police force on the 66
grounds of the college or university or port authority or in the 67
parks operated by the district.
(E) "Emergency service" means emergency police, 69
firefighting, ambulance, rescue, and medical service. 70
(F) "Emergency service provider" means the state highway 72
patrol and an emergency service department or unit of a 73
subdivision or that operates in a subdivision under contract with 74
the subdivision. 75
(G) "Public safety answering point" means a facility to 77
which 9-1-1 system calls for a specific territory are initially 78
routed for response and where subdivision personnel respond to 79
specific requests for emergency service by directly dispatching 80
the appropriate emergency service provider, relaying a message to 81
the appropriate provider, or transferring the call to the 82
appropriate provider. 83
(H) "Customer premises equipment" means telecommunications 85
equipment, including telephone instruments, on the premises of a 86
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public safety answering point that is used in answering and 87
responding to 9-1-1 system calls. 88
(I) "Municipal corporation in the county" includes any 90
municipal corporation that is wholly contained in the county and 91
each municipal corporation located in more than one county that 92
has a greater proportion of its territory in the county to which 93
the term refers than in any other county. 94
(J) "Board of county commissioners" includes the 96
legislative authority of a county established under Section 3 of 97
Article X, Ohio Constitution, or Chapter 302. of the Revised 98
Code. 99
(K) "Final plan" means a final plan adopted under division 101
(B) of section 4931.44 of the Revised Code and, except as 102
otherwise expressly provided, an amended final plan adopted under 103
section 4931.45 of the Revised Code. 104
(L) "Subdivision served by a public safety answering 106
point" means a subdivision that provides emergency service for 107
any part of its territory that is located within the territory of 108
a public safety answering point whether the subdivision provides 109
the emergency service with its own employees or pursuant to a 110
contract. 111
(M) A township's population includes only population of 113
the unincorporated portion of the township. 114
(N) "Telephone company" means a company engaged in the 116
business of providing local exchange telephone service by making 119
available or furnishing access and a dial tone to persons within 120
a local calling area for use in originating and receiving voice 121
grade communications over a switched network operated by the
provider of the service within the area and gaining access to 122
other telecommunications services. 123
Sec. 4931.44. (A) Within sixty days after receipt of the 132
final plan pursuant to division (C) of section 4931.43 of the 133
Revised Code, the board of county commissioners of the county and 134
the legislative authority of each municipal corporation in the 135
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county and of each township whose territory is proposed to be 136
included in a countywide 9-1-1 system shall act by resolution to 137
approve or disapprove the plan, except that, with respect to a 138
final plan that provides for funding of the 9-1-1 system in part 139
through charges imposed under section 4931.51 of the Revised 140
Code, the board of county commissioners shall not act by 141
resolution to approve or disapprove the plan until after a 142
resolution adopted under section 4931.51 of the Revised Code has 143
become effective as provided in division (D) of that section. A 144
municipal corporation or township whose territory is proposed to 145
be included in the system includes any municipal corporation or 146
township in which a part of its territory is excluded pursuant to 147
division (A)(2) of section 4931.41 of the Revised Code. Each 148
such authority shall immmediately IMMEDIATELY notify the board of 150
county commissioners in writing of its approval or disapproval of 151
the final plan. Failure by a board or legislative authority to 152
notify the board of county commissioners of approval or 153
disapproval within such sixty-day period shall be deemed 154
disapproval by such board or authority. 155
(B) As used in this division, "county's population" 157
excludes the population of any municipal corporation or township 158
that, under the plan, is completely excluded from 9-1-1 service 159
in the county's final plan. A countywide plan will become 160
effective if all of the following entities approve the plan in 161
accordance with this section: 162
(1) The board of county commissioners; 164
(2) The legislative authority of a municipal corporation 166
that contains at least thirty per cent of the county's 167
population, if any; 168
(3) The legislative authorities of municipal corporations 170
and townships that contain at least sixty per cent of the 171
county's population or, if the plan has been approved by a 172
municipal corporation that contains at least sixty per cent of 173
the county's population, by the legislative authorities of 174
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municipal corporations and townships that contain at least 175
seventy-five per cent of the county's population. 176
(C) After a countywide plan approved in accordance with 178
this section is adopted, all of the telephone companies and 179
subdivisions included in the plan are subject to the specific 180
requirements of the plan and to sections 4931.40 to 4931.51 181
4931.54 of the Revised Code. 183
Sec. 4931.49. (A) The state, the state highway patrol, or 192
a subdivision participating in a 9-1-1 system and any officer, 193
agent, or employee of the state, state highway patrol, or a 194
participating subdivision is not liable in damages in a civil 195
action for injuries, death, or loss to persons or property 196
arising from any act or omission, except willful or wanton 197
misconduct, in connection with developing, adopting, or approving 198
any final plan or any agreement made under section 4931.48 of the 199
Revised Code or otherwise bringing into operation a 9-1-1 system 200
pursuant to those provisions. 201
(B) Except as otherwise provided in sections 701.02 and 203
4765.49 of the Revised Code, an individual who gives emergency 204
instructions through a 9-1-1 system established under sections 205
4931.40 to 4931.51 4931.54 of the Revised Code, and the 206
principals for whom the person acts, including both employers and 208
independent contractors, public and private, and an individual 209
who follows emergency instructions and the principals for whom 210
that person acts, including both employers and independent 211
contractors, public and private, are not liable in damages in a 212
civil action for injuries, death, or loss to persons or property 213
arising from the issuance or following of emergency instructions, 214
except where the issuance or following of the instructions 215
constitutes willful or wanton misconduct. 216
(C) A telephone company, and any other installer, 218
maintainer, or provider, through the sale or otherwise, of 219
customer premises equipment, and their respective officers, 220
directors, employees, agents, and suppliers are not liable in 221
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damages in a civil action for injuries, death, or loss to persons 222
or property incurred by any person resulting from such an 223
entity's or its officers', directors', employees', agents', or 224
suppliers' participation in or acts or omissions in connection 225
with that participation in a 9-1-1 system whether that system is 226
established pursuant to sections 4931.40 to 4931.51 4931.54 of 227
the Revised Code or otherwise in accordance with the telephone 229
company's schedules regarding 9-1-1 systems filed with the public 230
utilities commission pursuant to section 4905.30 of the Revised 231
Code. 232
(D) No person shall knowingly use the telephone number of 234
the 9-1-1 system to report an emergency if he THE PERSON knows 235
that no emergency exists. 237
(E) No person shall disclose or use, for any purpose other 239
than for the 9-1-1 system, any information concerning telephone 240
numbers, addresses, or names obtained from the data base that 241
serves the public safety answering point of a 9-1-1 system 242
established under sections 4931.40 to 4931.51 4931.54 of the 243
Revised Code, except that a telephone company may disclose or use 245
such information to assist a public utility or municipal utility 246
in handling customer calls in times of public emergency or 247
service outages. The charge, terms, and conditions for the 248
disclosure or use of such information by the telephone company 249
shall be subject to the jurisdiction of the public utilities
commission. In no event shall such information be disclosed or 250
used for any purpose not permitted by this division. 251
Sec. 4931.50. The attorney general, upon request of the 260
public utilities commission or on his THE ATTORNEY GENERAL'S own 261
initiative, shall begin proceedings against a subdivision or 263
telephone company to enforce compliance with sections 4931.40 to 264
4931.51 4931.54 of the Revised Code, or with the terms, 265
conditions, requirements, or specifications of a final plan or of 267
an agreement under section 4931.48 of the Revised Code. 268
Sec. 4931.53. (A) THIS SECTION APPLIES ONLY TO A COUNTY 270
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THAT HAS A FINAL PLAN FOR A COUNTYWIDE 9-1-1 SYSTEM THAT EITHER 272
HAS NOT BEEN APPROVED IN THE COUNTY UNDER SECTION 4931.44 OF THE 273
REVISED CODE OR HAS BEEN APPROVED BUT HAS NOT BEEN PUT INTO 274
OPERATION BECAUSE OF A LACK OF FUNDING. 275
(B) A BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION 277
IMPOSING A MONTHLY CHARGE ON TELEPHONE ACCESS LINES TO PAY FOR 278
THE OPERATING AND EQUIPMENT COSTS OF ESTABLISHING AND MAINTAINING 279
NO MORE THAN ONE PUBLIC SAFETY ANSWERING POINT OF A COUNTYWIDE 280
9-1-1 SYSTEM. THE RESOLUTION SHALL STATE THE AMOUNT OF THE 281
CHARGE, WHICH SHALL NOT EXCEED FIFTY CENTS PER MONTH, AND THE 282
MONTH THE CHARGE WILL FIRST BE IMPOSED, WHICH SHALL BE NO EARLIER 283
THAN FOUR MONTHS AFTER THE SPECIAL ELECTION HELD PURSUANT TO THIS 284
SECTION. EACH RESIDENTIAL AND BUSINESS TELEPHONE COMPANY 285
CUSTOMER WITHIN THE AREA SERVED BY THE 9-1-1 SYSTEM SHALL PAY THE 286
MONTHLY CHARGE FOR EACH OF ITS RESIDENTIAL OR BUSINESS CUSTOMER 287
ACCESS LINES OR THEIR EQUIVALENT. 288
BEFORE ADOPTING A RESOLUTION UNDER THIS DIVISION, THE BOARD 290
OF COUNTY COMMISSIONERS SHALL HOLD AT LEAST TWO PUBLIC HEARINGS 291
ON THE PROPOSED CHARGE. BEFORE THE FIRST HEARING, THE BOARD 292
SHALL PUBLISH NOTICE OF THE HEARINGS ONCE A WEEK FOR TWO 293
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 294
COUNTY. THE NOTICE SHALL STATE THE AMOUNT OF THE PROPOSED 295
CHARGE, AN EXPLANATION OF THE NECESSITY FOR THE CHARGE, AND THE 296
DATE, TIME, AND LOCATION OF EACH OF THE HEARINGS. 297
(C) A RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS 299
SECTION SHALL DIRECT THE BOARD OF ELECTIONS TO SUBMIT THE 300
QUESTION OF IMPOSING THE CHARGE TO THE ELECTORS OF THE COUNTY AT 301
A SPECIAL ELECTION ON THE DAY OF THE NEXT PRIMARY OR GENERAL 302
ELECTION IN THE COUNTY. THE BOARD OF COUNTY COMMISSIONERS SHALL 303
CERTIFY A COPY OF THE RESOLUTION TO THE BOARD OF ELECTIONS NOT 304
LESS THAN SEVENTY-FIVE DAYS BEFORE THE DAY OF THE SPECIAL 305
ELECTION. NO RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS 306
SECTION SHALL TAKE EFFECT UNLESS APPROVED BY A MAJORITY OF THE 307
ELECTORS VOTING UPON THE RESOLUTION AT AN ELECTION HELD PURSUANT 308
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TO THIS SECTION. 309
IN ANY YEAR, THE BOARD OF COUNTY COMMISSIONERS MAY IMPOSE A 311
LESSER CHARGE THAN THE AMOUNT ORIGINALLY APPROVED BY THE 312
ELECTORS. THE BOARD MAY CHANGE THE AMOUNT OF THE CHARGE NO MORE 313
THAN ONCE A YEAR. THE BOARD SHALL NOT IMPOSE A CHARGE GREATER 314
THAN THE AMOUNT APPROVED BY THE ELECTORS WITHOUT FIRST HOLDING AN 315
ELECTION ON THE QUESTION OF THE GREATER CHARGE. 316
(D) MONEY RAISED FROM A MONTHLY CHARGE ON TELEPHONE ACCESS 318
LINES UNDER THIS SECTION SHALL BE DEPOSITED INTO A SPECIAL FUND 319
CREATED IN THE COUNTY TREASURY BY THE BOARD OF COUNTY 320
COMMISSIONERS PURSUANT TO SECTION 5705.12 OF THE REVISED CODE, TO 322
BE USED ONLY FOR THE NECESSARY OPERATING AND EQUIPMENT COSTS OF 323
ESTABLISHING AND MAINTAINING NO MORE THAN ONE PUBLIC SAFETY 324
ANSWERING POINT OF A COUNTYWIDE 9-1-1 SYSTEM PURSUANT TO A 325
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION. IN 326
COMPLYING WITH THIS DIVISION, ANY COUNTY MAY SEEK THE ASSISTANCE 327
OF THE PUBLIC UTILITIES COMMISSION WITH REGARD TO OPERATING AND 328
MAINTAINING A 9-1-1 SYSTEM. 329
(E) PURSUANT TO THE VOTER APPROVAL REQUIRED BY DIVISION 332
(C) OF THIS SECTION, THE FINAL PLAN FOR A COUNTYWIDE 9-1-1 SYSTEM
THAT WILL BE FUNDED THROUGH A MONTHLY CHARGE IMPOSED IN 333
ACCORDANCE WITH THIS SECTION SHALL BE AMENDED BY THE EXISTING 334
9-1-1 PLANNING COMMITTEE, AND THE AMENDMENT OF SUCH A FINAL PLAN 335
IS NOT AN AMENDMENT OF A FINAL PLAN FOR THE PURPOSE OF DIVISION 337
(A) OF SECTION 4931.45 OF THE REVISED CODE.
Sec. 4931.53 4931.54. (A) As part of its normal monthly 346
billing process, each telephone company with customers in the 348
area served by a 9-1-1 system shall bill and collect from those 349
customers any charge imposed under section 4931.52 OR 4931.53 of 350
the Revised Code. The company may list the charge as a separate 352
entry on each bill and may indicate on the bill that the charge 353
is made pursuant to approval of a ballot issue by county voters. 354
Any customer billed by a company for a charge imposed under 355
section 4931.52 OR 4931.53 of the Revised Code is liable to the 357
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county for the amount billed. The company shall apply any 358
partial payment of a customer's bill first to the amount the 359
customer owes the company. The company shall keep complete 360
records of charges it bills and collects, and such records shall 361
be open during business hours for inspection by the county 362
commissioners or their agents or employees. If a company fails 363
to bill any customer for the charge, it is liable to the county 364
for the amount that was not billed.
(B) A telephone company that collects charges under this 366
section shall remit the money to the county on a quarterly basis. 367
The company may retain three per cent of any charge it collects 368
as compensation for the costs of such collection. If a company 369
collects charges under this section and fails to remit the money 370
to the county as prescribed, it is liable to the county for any 371
amount collected and not remitted. 372
Section 2. That existing sections 4931.40, 4931.44, 374
4931.49, 4931.50, and 4931.53 of the Revised Code are hereby 375
repealed.