As Reported by the Senate Ways and Means Committee 1 123rd General Assembly 4 Regular Session Sub. H. B. No. 152 5 1999-2000 6 REPRESENTATIVES LOGAN-KRUPINSKI-SENATORS BLESSING-DRAKE- 8 MUMPER-HERINGTON-McLIN-DiDONATO 9 _________________________________________________________________ 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 to4931.5337 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 emergency, and the personnel receiving the call must determine 47 2 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 equipment, including telephone instruments, on the premises of a 87 3 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 the legislative authority of each municipal corporation in the 136 4 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 shallimmmediatelyIMMEDIATELY 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 the county's population, by the legislative authorities of 175 5 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 to4931.51182 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 to4931.514931.54 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 directors, employees, agents, and suppliers are not liable in 222 6 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 to4931.514931.54 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 ifheTHE 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 to4931.514931.54 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 onhisTHE ATTORNEY GENERAL'S own 262 initiative, shall begin proceedings against a subdivision or 264 telephone company to enforce compliance with sections 4931.40 to 2654931.514931.54 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 Sec. 4931.53. (A) THIS SECTION APPLIES ONLY TO A COUNTY 271 7 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 OF THE COUNTY SERVED BY THE 9-1-1 SYSTEM 287 SHALL PAY THE MONTHLY CHARGE FOR EACH OF ITS RESIDENTIAL OR 288 BUSINESS CUSTOMER 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 ELECTORS VOTING UPON THE RESOLUTION AT AN ELECTION HELD PURSUANT 309 8 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) NOTHING IN SECTIONS 4931.40 TO 4931.53 OF THE REVISED 333 CODE PRECLUDES A FINAL PLAN ADOPTED IN ACCORDANCE WITH THOSE 335 SECTIONS FROM BEING AMENDED TO PROVIDE THAT, BY AGREEMENT 336 INCLUDED IN THE PLAN, A PUBLIC SAFETY ANSWERING POINT OF ANOTHER 337 COUNTYWIDE 9-1-1 SYSTEM IS THE PUBLIC SAFETY ANSWERING POINT OF A 338 COUNTYWIDE 9-1-1 SYSTEM FUNDED THROUGH A MONTHLY CHARGE IMPOSED 339 IN ACCORDANCE WITH THIS SECTION. IN THAT EVENT, THE COUNTY FOR 340 WHICH THE PUBLIC SAFETY ANSWERING POINT IS PROVIDED SHALL BE 341 DEEMED THE SUBDIVISION OPERATING THE PUBLIC SAFETY ANSWERING 342 POINT FOR PURPOSES OF SECTIONS 4931.40 TO 4931.53 OF THE REVISED 343 CODE, EXCEPT THAT, FOR THE PURPOSE OF DIVISION (D) OF SECTION 345 4931.41 OF THE REVISED CODE, THE COUNTY SHALL PAY ONLY SO MUCH OF 347 THE COSTS ASSOCIATED WITH ESTABLISHING, EQUIPPING, FURNISHING, OPERATING, OR MAINTAINING THE PUBLIC SAFETY ANSWERING POINT 349 SPECIFIED IN THE AGREEMENT INCLUDED IN THE FINAL PLAN. (F) PURSUANT TO THE VOTER APPROVAL REQUIRED BY DIVISION 352 9 (C) OF THIS SECTION, THE FINAL PLAN FOR A COUNTYWIDE 9-1-1 SYSTEM THAT WILL BE FUNDED THROUGH A MONTHLY CHARGE IMPOSED IN 353 ACCORDANCE WITH THIS SECTION, OR THAT WILL BE AMENDED TO INCLUDE 354 AN AGREEMENT DESCRIBED IN DIVISION (E) OF THIS SECTION, SHALL BE 355 AMENDED BY THE EXISTING 9-1-1 PLANNING COMMITTEE, AND THE 357 AMENDMENT OF SUCH A FINAL PLAN IS NOT AN AMENDMENT OF A FINAL 358 PLAN FOR THE PURPOSE OF DIVISION (A) OF SECTION 4931.45 OF THE 359 REVISED CODE. Sec.4931.534931.54. (A) As part of its normal monthly 368 billing process, each telephone company with customers in the 370 area served by a 9-1-1 system shall bill and collect from those 371 customers any charge imposed under section 4931.52 OR 4931.53 of 372 the Revised Code. The company may list the charge as a separate 374 entry on each bill and may indicate on the bill that the charge 375 is made pursuant to approval of a ballot issue by county voters. 376 Any customer billed by a company for a charge imposed under 377 section 4931.52 OR 4931.53 of the Revised Code is liable to the 379 county for the amount billed. The company shall apply any 380 partial payment of a customer's bill first to the amount the 381 customer owes the company. The company shall keep complete 382 records of charges it bills and collects, and such records shall 383 be open during business hours for inspection by the county 384 commissioners or their agents or employees. If a company fails 385 to bill any customer for the charge, it is liable to the county 386 for the amount that was not billed. (B) A telephone company that collects charges under this 388 section shall remit the money to the county on a quarterly basis. 389 The company may retain three per cent of any charge it collects 390 as compensation for the costs of such collection. If a company 391 collects charges under this section and fails to remit the money 392 to the county as prescribed, it is liable to the county for any 393 amount collected and not remitted. 394 Section 2. That existing sections 4931.40, 4931.44, 396 4931.49, 4931.50, and 4931.53 of the Revised Code are hereby 397 10 repealed.