As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 207  5            

      1999-2000                                                    6            


                       SENATOR ARMBRUSTER                          8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 5589.24 and 5589.99 of the Revised  12           

                Code to increase the penalty for obstruction of a  13           

                street, road, or highway by a railroad, to                      

                require that fines for the violation be paid to    15           

                the county or municipal corporation in which the   16           

                violation occurred, and to require the fines to                 

                be used for railroad highway grade crossing        17           

                improvements.                                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 5589.24 and 5589.99 of the         21           

Revised Code be amended to read as follows:                        22           

      Sec. 5589.24.  (A)  All penalties FINES collected under FOR  32           

A VIOLATION OF section 5589.21 of the Revised Code shall be paid   33           

to the township clerk of the township in which the offense was     35           

committed, and be applied by the board of township trustees to                  

the improvement of roads and highways in such township AS          36           

FOLLOWS:                                                                        

      (1)  TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE  38           

COUNTY IF THE VIOLATION OCCURRED IN AN UNINCORPORATED AREA OF THE  39           

COUNTY;                                                                         

      (2)  TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE  41           

MUNICIPAL CORPORATION IN WHICH THE VIOLATION OCCURRED IF THE       42           

VIOLATION OCCURRED IN A MUNICIPAL CORPORATION.                     43           

      (B)  THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND    45           

THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION SHALL      46           

ESTABLISH A RAILROAD GRADE CROSSING IMPROVEMENT FUND.  THE FUND    47           

                                                          2      


                                                                 
SHALL CONSIST OF FINES PAID TO THE COUNTY OR MUNICIPAL             48           

CORPORATION UNDER DIVISION (A) OF THIS SECTION AND ANY OTHER       49           

MONEYS ALLOCATED TO THE FUND BY THE COUNTY OR MUNICIPAL                         

CORPORATION.  A COUNTY OR MUNICIPAL CORPORATION SHALL USE ITS      50           

RAILROAD GRADE CROSSING IMPROVEMENT FUND TO PAY ANY PART OF THE    51           

COST ASSIGNED BY THE PUBLIC UTILITIES COMMISSION TO THE COUNTY OR  52           

MUNICIPAL CORPORATION UNDER SECTION 4907.471 OF THE REVISED CODE.  53           

THE COUNTY OR MUNICIPAL CORPORATION ALSO MAY USE ITS RAILROAD                   

GRADE CROSSING IMPROVEMENT FUND FOR OTHER IMPROVEMENTS TO          54           

RAILROAD GRADE CROSSINGS, INCLUDING SIGNS, SIGNALS, GATES, OR      55           

OTHER PROTECTIVE DEVICES, AS THE BOARD OF COUNTY COMMISSIONERS OR  56           

LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION DETERMINES TO BE  57           

APPROPRIATE.                                                                    

      Sec. 5589.99.  (A)  Whoever violates section 5589.01 of the  66           

Revised Code is guilty of a misdemeanor of the third degree.       67           

      (B)  Whoever violates section 5589.02, 5589.03, 5589.05,     69           

5589.06, 5589.08, 5589.081, 5589.09, 5589.11, 5589.12, 5589.21,    70           

5589.32, or 5589.33 of the Revised Code is guilty of a minor       72           

misdemeanor.                                                                    

      (C)  Whoever violates section 5589.07 or 5589.10 of the      74           

Revised Code is guilty of a misdemeanor of the fourth degree.      76           

      (D)  WHOEVER VIOLATES SECTION 5589.21 OF THE REVISED CODE    78           

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    79           

      Section 2.  That existing sections 5589.24 and 5589.99 of    81           

the Revised Code are hereby repealed.                              82