As Passed by the House 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-WILSON-REDFERN-OGG-R. MILLER-GOODING-VESPER- 9
GRENDELL 10
_________________________________________________________________ 11
A B I L L
To amend sections 4931.40, 4931.44, 4931.49, 13
4931.50, and 4931.53; to amend, for the purpose 14
of adopting a new section number as shown in 15
parentheses, section 4931.53 (4931.54); and to
enact new section 4931.53 of the Revised Code to 16
provide for a monthly charge not exceeding fifty 17
cents on telephone access lines to fund the 18
operating and equipment costs of establishing and 19
maintaining no more than one public safety
answering point of a countywide 9-1-1 system that 20
previously lacked funding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 4931.40, 4931.44, 4931.49, 24
4931.50, and 4931.53 be amended, section 4931.53 (4931.54) be 25
amended for the purpose of adopting a new section number as shown 26
in parentheses, and new section 4931.53 of the Revised Code be 27
enacted to read as follows: 28
Sec. 4931.40. As used in sections 4931.40 to 4931.53 37
4931.54 of the Revised Code: 39
(A) "9-1-1 system" means a system through which 41
individuals can request emergency service using the telephone 42
number 9-1-1. 43
(B) "Basic 9-1-1" means a 9-1-1 system in which a caller 45
provides information on the nature of and the location of an 46
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emergency, and the personnel receiving the call must determine 47
the appropriate emergency service provider to respond at that 48
location. 49
(C) "Enhanced 9-1-1" means a 9-1-1 system in which the 51
telephone network system automatically provides to personnel 52
receiving the call, immediately on answering the 9-1-1 call, 53
information on the location and the telephone number from which 54
the call is being made, and routes the call to emergency service 55
providers that serve the location from which the call is made. 56
(D) "Subdivision" means a county, municipal corporation, 58
township, township fire district, joint fire district, township 59
police district, joint ambulance district, or joint emergency 61
medical services district that provides emergency service within 62
its territory, or that contracts with another municipal 63
corporation, township, or district or with a private entity to 64
provide such service; and a state college or university, port 65
authority, or park district of any kind that employs law 66
enforcement officers that act as the primary police force on the 67
grounds of the college or university or port authority or in the 68
parks operated by the district.
(E) "Emergency service" means emergency police, 70
firefighting, ambulance, rescue, and medical service. 71
(F) "Emergency service provider" means the state highway 73
patrol and an emergency service department or unit of a 74
subdivision or that operates in a subdivision under contract with 75
the subdivision. 76
(G) "Public safety answering point" means a facility to 78
which 9-1-1 system calls for a specific territory are initially 79
routed for response and where subdivision personnel respond to 80
specific requests for emergency service by directly dispatching 81
the appropriate emergency service provider, relaying a message to 82
the appropriate provider, or transferring the call to the 83
appropriate provider. 84
(H) "Customer premises equipment" means telecommunications 86
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equipment, including telephone instruments, on the premises of a 87
public safety answering point that is used in answering and 88
responding to 9-1-1 system calls. 89
(I) "Municipal corporation in the county" includes any 91
municipal corporation that is wholly contained in the county and 92
each municipal corporation located in more than one county that 93
has a greater proportion of its territory in the county to which 94
the term refers than in any other county. 95
(J) "Board of county commissioners" includes the 97
legislative authority of a county established under Section 3 of 98
Article X, Ohio Constitution, or Chapter 302. of the Revised 99
Code. 100
(K) "Final plan" means a final plan adopted under division 102
(B) of section 4931.44 of the Revised Code and, except as 103
otherwise expressly provided, an amended final plan adopted under 104
section 4931.45 of the Revised Code. 105
(L) "Subdivision served by a public safety answering 107
point" means a subdivision that provides emergency service for 108
any part of its territory that is located within the territory of 109
a public safety answering point whether the subdivision provides 110
the emergency service with its own employees or pursuant to a 111
contract. 112
(M) A township's population includes only population of 114
the unincorporated portion of the township. 115
(N) "Telephone company" means a company engaged in the 117
business of providing local exchange telephone service by making 120
available or furnishing access and a dial tone to persons within 121
a local calling area for use in originating and receiving voice 122
grade communications over a switched network operated by the
provider of the service within the area and gaining access to 123
other telecommunications services. 124
Sec. 4931.44. (A) Within sixty days after receipt of the 133
final plan pursuant to division (C) of section 4931.43 of the 134
Revised Code, the board of county commissioners of the county and 135
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the legislative authority of each municipal corporation in the 136
county and of each township whose territory is proposed to be 137
included in a countywide 9-1-1 system shall act by resolution to 138
approve or disapprove the plan, except that, with respect to a 139
final plan that provides for funding of the 9-1-1 system in part 140
through charges imposed under section 4931.51 of the Revised 141
Code, the board of county commissioners shall not act by 142
resolution to approve or disapprove the plan until after a 143
resolution adopted under section 4931.51 of the Revised Code has 144
become effective as provided in division (D) of that section. A 145
municipal corporation or township whose territory is proposed to 146
be included in the system includes any municipal corporation or 147
township in which a part of its territory is excluded pursuant to 148
division (A)(2) of section 4931.41 of the Revised Code. Each 149
such authority shall immmediately IMMEDIATELY notify the board of 151
county commissioners in writing of its approval or disapproval of 152
the final plan. Failure by a board or legislative authority to 153
notify the board of county commissioners of approval or 154
disapproval within such sixty-day period shall be deemed 155
disapproval by such board or authority. 156
(B) As used in this division, "county's population" 158
excludes the population of any municipal corporation or township 159
that, under the plan, is completely excluded from 9-1-1 service 160
in the county's final plan. A countywide plan will become 161
effective if all of the following entities approve the plan in 162
accordance with this section: 163
(1) The board of county commissioners; 165
(2) The legislative authority of a municipal corporation 167
that contains at least thirty per cent of the county's 168
population, if any; 169
(3) The legislative authorities of municipal corporations 171
and townships that contain at least sixty per cent of the 172
county's population or, if the plan has been approved by a 173
municipal corporation that contains at least sixty per cent of 174
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the county's population, by the legislative authorities of 175
municipal corporations and townships that contain at least 176
seventy-five per cent of the county's population. 177
(C) After a countywide plan approved in accordance with 179
this section is adopted, all of the telephone companies and 180
subdivisions included in the plan are subject to the specific 181
requirements of the plan and to sections 4931.40 to 4931.51 182
4931.54 of the Revised Code. 184
Sec. 4931.49. (A) The state, the state highway patrol, or 193
a subdivision participating in a 9-1-1 system and any officer, 194
agent, or employee of the state, state highway patrol, or a 195
participating subdivision is not liable in damages in a civil 196
action for injuries, death, or loss to persons or property 197
arising from any act or omission, except willful or wanton 198
misconduct, in connection with developing, adopting, or approving 199
any final plan or any agreement made under section 4931.48 of the 200
Revised Code or otherwise bringing into operation a 9-1-1 system 201
pursuant to those provisions. 202
(B) Except as otherwise provided in sections 701.02 and 204
4765.49 of the Revised Code, an individual who gives emergency 205
instructions through a 9-1-1 system established under sections 206
4931.40 to 4931.51 4931.54 of the Revised Code, and the 207
principals for whom the person acts, including both employers and 209
independent contractors, public and private, and an individual 210
who follows emergency instructions and the principals for whom 211
that person acts, including both employers and independent 212
contractors, public and private, are not liable in damages in a 213
civil action for injuries, death, or loss to persons or property 214
arising from the issuance or following of emergency instructions, 215
except where the issuance or following of the instructions 216
constitutes willful or wanton misconduct. 217
(C) A telephone company, and any other installer, 219
maintainer, or provider, through the sale or otherwise, of 220
customer premises equipment, and their respective officers, 221
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directors, employees, agents, and suppliers are not liable in 222
damages in a civil action for injuries, death, or loss to persons 223
or property incurred by any person resulting from such an 224
entity's or its officers', directors', employees', agents', or 225
suppliers' participation in or acts or omissions in connection 226
with that participation in a 9-1-1 system whether that system is 227
established pursuant to sections 4931.40 to 4931.51 4931.54 of 228
the Revised Code or otherwise in accordance with the telephone 230
company's schedules regarding 9-1-1 systems filed with the public 231
utilities commission pursuant to section 4905.30 of the Revised 232
Code. 233
(D) No person shall knowingly use the telephone number of 235
the 9-1-1 system to report an emergency if he THE PERSON knows 236
that no emergency exists. 238
(E) No person shall disclose or use, for any purpose other 240
than for the 9-1-1 system, any information concerning telephone 241
numbers, addresses, or names obtained from the data base that 242
serves the public safety answering point of a 9-1-1 system 243
established under sections 4931.40 to 4931.51 4931.54 of the 244
Revised Code, except that a telephone company may disclose or use 246
such information to assist a public utility or municipal utility 247
in handling customer calls in times of public emergency or 248
service outages. The charge, terms, and conditions for the 249
disclosure or use of such information by the telephone company 250
shall be subject to the jurisdiction of the public utilities
commission. In no event shall such information be disclosed or 251
used for any purpose not permitted by this division. 252
Sec. 4931.50. The attorney general, upon request of the 261
public utilities commission or on his THE ATTORNEY GENERAL'S own 262
initiative, shall begin proceedings against a subdivision or 264
telephone company to enforce compliance with sections 4931.40 to 265
4931.51 4931.54 of the Revised Code, or with the terms, 266
conditions, requirements, or specifications of a final plan or of 268
an agreement under section 4931.48 of the Revised Code. 269
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Sec. 4931.53. (A) THIS SECTION APPLIES ONLY TO A COUNTY 271
THAT HAS A FINAL PLAN FOR A COUNTYWIDE 9-1-1 SYSTEM THAT EITHER 273
HAS NOT BEEN APPROVED IN THE COUNTY UNDER SECTION 4931.44 OF THE 274
REVISED CODE OR HAS BEEN APPROVED BUT HAS NOT BEEN PUT INTO 275
OPERATION BECAUSE OF A LACK OF FUNDING. 276
(B) A BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION 278
IMPOSING A MONTHLY CHARGE ON TELEPHONE ACCESS LINES TO PAY FOR 279
THE OPERATING AND EQUIPMENT COSTS OF ESTABLISHING AND MAINTAINING 280
NO MORE THAN ONE PUBLIC SAFETY ANSWERING POINT OF A COUNTYWIDE 281
9-1-1 SYSTEM. THE RESOLUTION SHALL STATE THE AMOUNT OF THE 282
CHARGE, WHICH SHALL NOT EXCEED FIFTY CENTS PER MONTH, AND THE 283
MONTH THE CHARGE WILL FIRST BE IMPOSED, WHICH SHALL BE NO EARLIER 284
THAN FOUR MONTHS AFTER THE SPECIAL ELECTION HELD PURSUANT TO THIS 285
SECTION. EACH RESIDENTIAL AND BUSINESS TELEPHONE COMPANY 286
CUSTOMER WITHIN THE AREA SERVED BY THE 9-1-1 SYSTEM SHALL PAY THE 287
MONTHLY CHARGE FOR EACH OF ITS RESIDENTIAL OR BUSINESS CUSTOMER 288
ACCESS LINES OR THEIR EQUIVALENT. 289
BEFORE ADOPTING A RESOLUTION UNDER THIS DIVISION, THE BOARD 291
OF COUNTY COMMISSIONERS SHALL HOLD AT LEAST TWO PUBLIC HEARINGS 292
ON THE PROPOSED CHARGE. BEFORE THE FIRST HEARING, THE BOARD 293
SHALL PUBLISH NOTICE OF THE HEARINGS ONCE A WEEK FOR TWO 294
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 295
COUNTY. THE NOTICE SHALL STATE THE AMOUNT OF THE PROPOSED 296
CHARGE, AN EXPLANATION OF THE NECESSITY FOR THE CHARGE, AND THE 297
DATE, TIME, AND LOCATION OF EACH OF THE HEARINGS. 298
(C) A RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS 300
SECTION SHALL DIRECT THE BOARD OF ELECTIONS TO SUBMIT THE 301
QUESTION OF IMPOSING THE CHARGE TO THE ELECTORS OF THE COUNTY AT 302
A SPECIAL ELECTION ON THE DAY OF THE NEXT PRIMARY OR GENERAL 303
ELECTION IN THE COUNTY. THE BOARD OF COUNTY COMMISSIONERS SHALL 304
CERTIFY A COPY OF THE RESOLUTION TO THE BOARD OF ELECTIONS NOT 305
LESS THAN SEVENTY-FIVE DAYS BEFORE THE DAY OF THE SPECIAL 306
ELECTION. NO RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS 307
SECTION SHALL TAKE EFFECT UNLESS APPROVED BY A MAJORITY OF THE 308
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ELECTORS VOTING UPON THE RESOLUTION AT AN ELECTION HELD PURSUANT 309
TO THIS SECTION. 310
IN ANY YEAR, THE BOARD OF COUNTY COMMISSIONERS MAY IMPOSE A 312
LESSER CHARGE THAN THE AMOUNT ORIGINALLY APPROVED BY THE 313
ELECTORS. THE BOARD MAY CHANGE THE AMOUNT OF THE CHARGE NO MORE 314
THAN ONCE A YEAR. THE BOARD SHALL NOT IMPOSE A CHARGE GREATER 315
THAN THE AMOUNT APPROVED BY THE ELECTORS WITHOUT FIRST HOLDING AN 316
ELECTION ON THE QUESTION OF THE GREATER CHARGE. 317
(D) MONEY RAISED FROM A MONTHLY CHARGE ON TELEPHONE ACCESS 319
LINES UNDER THIS SECTION SHALL BE DEPOSITED INTO A SPECIAL FUND 320
CREATED IN THE COUNTY TREASURY BY THE BOARD OF COUNTY 321
COMMISSIONERS PURSUANT TO SECTION 5705.12 OF THE REVISED CODE, TO 323
BE USED ONLY FOR THE NECESSARY OPERATING AND EQUIPMENT COSTS OF 324
ESTABLISHING AND MAINTAINING NO MORE THAN ONE PUBLIC SAFETY 325
ANSWERING POINT OF A COUNTYWIDE 9-1-1 SYSTEM PURSUANT TO A 326
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION. IN 327
COMPLYING WITH THIS DIVISION, ANY COUNTY MAY SEEK THE ASSISTANCE 328
OF THE PUBLIC UTILITIES COMMISSION WITH REGARD TO OPERATING AND 329
MAINTAINING A 9-1-1 SYSTEM. 330
(E) PURSUANT TO THE VOTER APPROVAL REQUIRED BY DIVISION 333
(C) OF THIS SECTION, THE FINAL PLAN FOR A COUNTYWIDE 9-1-1 SYSTEM
THAT WILL BE FUNDED THROUGH A MONTHLY CHARGE IMPOSED IN 334
ACCORDANCE WITH THIS SECTION SHALL BE AMENDED BY THE EXISTING 335
9-1-1 PLANNING COMMITTEE, AND THE AMENDMENT OF SUCH A FINAL PLAN 336
IS NOT AN AMENDMENT OF A FINAL PLAN FOR THE PURPOSE OF DIVISION 338
(A) OF SECTION 4931.45 OF THE REVISED CODE.
Sec. 4931.53 4931.54. (A) As part of its normal monthly 347
billing process, each telephone company with customers in the 349
area served by a 9-1-1 system shall bill and collect from those 350
customers any charge imposed under section 4931.52 OR 4931.53 of 351
the Revised Code. The company may list the charge as a separate 353
entry on each bill and may indicate on the bill that the charge 354
is made pursuant to approval of a ballot issue by county voters. 355
Any customer billed by a company for a charge imposed under 356
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section 4931.52 OR 4931.53 of the Revised Code is liable to the 358
county for the amount billed. The company shall apply any 359
partial payment of a customer's bill first to the amount the 360
customer owes the company. The company shall keep complete 361
records of charges it bills and collects, and such records shall 362
be open during business hours for inspection by the county 363
commissioners or their agents or employees. If a company fails 364
to bill any customer for the charge, it is liable to the county 365
for the amount that was not billed.
(B) A telephone company that collects charges under this 367
section shall remit the money to the county on a quarterly basis. 368
The company may retain three per cent of any charge it collects 369
as compensation for the costs of such collection. If a company 370
collects charges under this section and fails to remit the money 371
to the county as prescribed, it is liable to the county for any 372
amount collected and not remitted. 373
Section 2. That existing sections 4931.40, 4931.44, 375
4931.49, 4931.50, and 4931.53 of the Revised Code are hereby 376
repealed.