As Passed by the Senate

125th General Assembly Regular Session 2003-2004

Sub. H. B. No. 255

Representatives Setzer, Seitz, C. Evans, Kearns, Price, McGregor, Chandler, Domenick, Collier, Flowers, Wolpert, Distel, D. Evans, Hagan, Hartnett, Oelslager, Otterman, S. Patton, Perry, J. Stewart, Taylor 

Senators Roberts, Blessing, Spada, Armbruster, Robert Gardner 

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A BILL

To amend sections 505.511, 505.84, and 3743.75 and to

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enact sections 1753.281 and 3923.651 of the

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Revised Code to increase the charges for

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responding in townships to certain security alarm

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system false alarms, to earmark the moneys a

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township so collects for police services, to allow

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townships to charge for fire and rescue services,

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to make changes in the State Fireworks Law, and to

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require certain insurance policies that provide

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coverage for 9-1-1 emergency services to pay the

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provider of 9-1-1 emergency services directly.

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

Section 1. That sections 505.511, 505.84, and 3743.75 be	12
amended and sections 1753.281 and 3923.651 of the Revised Code be	13
enacted to read as follows:	14

Sec. 505.511.  (A) A board of township trustees that operates	15
a township police department or the board of township trustees of	16
a township police district may, after police constables, the	17
township police, a law enforcement agency with which the township	18
contracts for police services, and the county sheriff or the	19
sheriff's deputy have answered a combined total of three false	20
alarms resulting from the malfunction of the same commercial or	21
residential security alarm system within the township in the same	22
calendar year, cause the township clerk to mail the manager of the	23
commercial establishment or the occupant, lessee, agent, or tenant	24
of the residence, a bill for twenty-five dollars for each	25
subsequent false alarm from the same alarm system during that	26
year, to defray the costs incurred. IfThe bill's amount shall be	27
as follows:	28

(1) For the fourth false alarm of that year .....$50.00;

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(2) For the fifth false alarm of that year .....$100.00;

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(3) For all false alarms in that year occurring after the	31
fifth false alarm ...................................$150.00.	32

If payment of the bill is not received within thirty days,	33
the township clerk shall send a notice by certified mail to the	34
manager and to the owner, if different, of the real estate of	35
which the commercial establishment is a part, or to the occupant,	36
lessee, agent, or tenant and to the owner, if different, of the	37
real estate of which the residence is a part, indicating that	38
failure to pay the bill within thirty days, or to show just cause	39
why the bill should not be paid, will result in the assessment of	40
a twenty-five dollar lien upon the real estate in the amount of	41
the bill. If payment is not received within those thirty days or	42
if just cause is not shown, the sum of twenty-five dollarsamount	43
of the bill shall be entered upon the tax duplicate, shall be a	44
lien upon the real estate from the date of the entry, and shall be	45
collected as other taxes and returned to the township general fund	46
treasury to be earmarked for use for police services. The	47

The board of township trustees shall not cause the township	48
clerk to send a bill pursuant to this division if a bill has	49
already been sent pursuant to division (B) of this section for the	50
same false alarm.	51

(B) The county sheriff may, after the county sheriff or the	52
sheriff's deputy, police constables, the township police, and a	53
law enforcement agency with which the township contracts for	54
police services have answered a combined total of three false	55
alarms resulting from the malfunction of the same commercial or	56
residential security alarm system within the unincorporated area	57
of the county in the same calendar year, mail the manager of the	58
commercial establishment or the occupant, lessee, agent, or tenant	59
of the residence a bill for twenty-five dollars for each	60
subsequent false alarm from the same alarm system during that	61
year, to defray the costs incurred. IfThe bill's amount shall be	62
as follows:	63

(1) For the fourth false alarm of that year .....$50.00;

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(2) For the fifth false alarm of that year .....$100.00;

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(3) For all false alarms in that year occurring after the	66
fifth false alarm ...................................$150.00.	67

If payment of the bill is not received within thirty days,	68
the sheriff shall send a notice by certified mail to the manager	69
and to the owner, if different, of the real estate of which the	70
commercial establishment is a part, or to the occupant, lessee,	71
agent, or tenant and to the owner, if different, of the real	72
estate of which the residence is a part, indicating that the	73
failure to pay the bill within thirty days, or to show just cause	74
why the bill should not be paid, will result in the assessment of	75
a twenty-five dollar lien upon the real estate in the amount of	76
the bill. If payment is not received within those thirty days or	77
if just cause is not shown, the sum of twenty-five dollarsamount	78
of the bill shall be entered upon the tax duplicate, shall be a	79
lien upon the real estate from the date of the entry, and shall be	80
collected as other taxes and returned to the county treasury. The	81

The sheriff shall not send a bill pursuant to this division	82
if a bill has already been sent pursuant to division (A) of this	83
section for the same false alarm.	84

(C) As used in this section, "commercial establishment" has	85
the same meaning as in section 505.391 of the Revised Code.	86

Sec. 505.84.  As used in this section, "authorized Medicare	87
medicare reimbursement rate" means such rate established for the	88
locality under Title XVIII of the "Social Security Act," 49 Stat.	89
620 (1935), 42 U.S.C.A. 301, as amended.	90

A board of township trustees may establish reasonable charges	91
for the use of fire and rescue services, ambulance services, or	92
emergency medical services. The board may establish different	93
charges for township residents and nonresidents, and may at, in	94
its discretion, waive all or part of the charge for any resident.	95
The charge for ambulance transportation for nonresidents shall be	96
an amount not less than the authorized Medicaremedicare	97
reimbursement rate, except that, if prior to the effective date of	98
this amendmentSeptember 9, 1988, the board had different charges	99
for residents and nonresidents and the charge for nonresidents was	100
less than the authorized Medicaremedicare reimbursement rate, the	101
board may charge nonresidents less than the authorized Medicare	102
medicare reimbursement rate.	103

Charges collected under this section shall be kept in a	104
separate fund designated as "the fire and rescue services,	105
ambulance services, and emergency medical services fund," and	106
shall be appropriated and administered by the board. Such funds	107
The fund shall be used for the payment of the costs of the	108
management, maintenance, and operation of fire and rescue	109
services, ambulance services, and emergency medical services in	110
the township. If the fire and rescue services, ambulance services,	111
and emergency medical services are discontinued in the township,	112
any balance remaining in the fund shall be paid into the general	113
fund of the township.	114

Sec. 1753.281.  (A) A health insuring corporation policy,	115
contract, or agreement providing coverage for 9-1-1 emergency	116
services shall provide in the policy, contract, or agreement that	117
all payments for 9-1-1 emergency services be paid directly to a	118
nonparticipating 9-1-1 emergency services provider or to the	119
provider's assigned agent for billing purposes, when such a	120
provider is used.	121

(B) As used in this section, "9-1-1 emergency services"	122
includes, but is not limited to, the following services:	123

(1) Transportation provided by an ambulance or other vehicle	124
providing medical service that responds to a call placed to the	125
9-1-1 system, as defined in section 4931.40 of the Revised Code,	126
and transfers a person to a hospital emergency department;	127

(2) All services performed by an emergency room physician	128
that are not covered under the direct payment to hospitals under	129
section 3901.386 of the Revised Code.	130

(C) Section 3901.71 of the Revised Code does not apply to	131
this section.	132

Sec. 3743.75. (A) During the period beginning on the	133
effective date of this sectionJune 29, 2001, and ending on	134
December 15, 20052008, the state fire marshal shall not do any of	135
the following:	136

(1) Issue a license as a manufacturer of fireworks under	137
sections 3743.02 and 3743.03 of the Revised Code to a person for a	138
particular fireworks plant unless that person possessed such a	139
license for that fireworks plant immediately prior to the	140
effective date of this sectionJune 29, 2001;	141

(2) Issue a license as a wholesaler of fireworks under	142
sections 3743.15 and 3743.16 of the Revised Code to a person for a	143
particular location unless that person possessed such a license	144
for that location immediately prior to the effective date of this	145
sectionJune 29, 2001;	146

(3) Except as provided in division (B) of this section,	147
approve the transfer of a license as a manufacturer or wholesaler	148
of fireworks issued under this chapter to any location other than	149
a location for which a license was issued under this chapter	150
immediately prior to the effective date of this sectionJune 29,	151
2001.	152

(B) Division (A)(3) of this section does not apply to a	153
transfer that the state fire marshal approves under division	154
(D)(2) of section 3743.17 of the Revised Code. Section 3743.59 of	155
the Revised Code does not apply to this section.	156

(C) The department of commerce and the division of state fire	157
marshal shall devise, by December 15, 2005, a proposal to provide	158
for the issuance of manufacturer and wholesaler of fireworks	159
licenses that is based upon demographics and designed to ensure	160
the safety of the public and send a copy of the proposal to the	161
president of the senate and speaker of the house of	162
representatives.	163

Sec. 3923.651.  (A) Every individual or group policy of	164
sickness and accident insurance that provides coverage for 9-1-1	165
emergency services shall provide that reimbursement under that	166
policy for 9-1-1 emergency services be paid directly to the	167
provider of 9-1-1 emergency services or to the provider's assigned	168
agent for billing purposes.	169

(B) As used in this section, "9-1-1 emergency services"	170
includes, but is not limited to, the following services:	171

(1) Transportation provided by an ambulance or other vehicle	172
providing medical service that responds to a call placed to the	173
9-1-1 system, as defined in section 4931.40 of the Revised Code,	174
and transfers a person to a hospital emergency department;	175

(2) All services performed by an emergency room physician	176
that are not covered under the direct payment to hospitals under	177
section 3901.386 of the Revised Code.	178

(C) Section 3901.71 of the Revised Code does not apply to	179
this section.	180

Section 2. That existing sections 505.511, 505.84, and	181
3743.75 of the Revised Code are hereby repealed.	182