As Passed by the Senate

125th General Assembly Regular Session 2003-2004

Am. Sub. H. B. No. 361

Representatives Flowers, Niehaus, Olman, Reinhard, Faber, Seitz, Allen, Harwood, Martin, Daniels, Strahorn, Carmichael, Beatty, D. Evans, Hagan, Sferra, Sykes 

Senators Roberts, Schuler, Blessing, DiDonato, Robert Gardner, Goodman, Mallory 

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A BILL

To amend sections 2307.64, 2913.01, 4931.40, 4931.41,

1

4931.43, 4931.44, 4931.45, 4931.46, 4931.47,

2

4931.48, 4931.49, 4931.50, 4931.55, 4931.99, and

3

5733.55; to amend, for the purpose of adopting a

4

new section number as shown in parentheses,

5

section 4931.55 (4931.75); and to enact sections

6

4931.60 to 4931.70 of the Revised Code to

7

facilitate the provision of wireless enhanced

8

9-1-1 by local governments, by establishing

9

requirements for operation, administration, and

10

funding; to permit a wireline telephone

11

company to fund through an existing tax credit

12

nonrecurring rates and charges for an updating or

13

modernization of the wireline network portion of a

14

9-1-1 system that is not related to wireless

15

enhanced 9-1-1; and to allow a civil action

16

against certain unauthorized facsimile

17

transmissions.

18

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

Section 1.  That sections 2307.64, 2913.01, 4931.40, 4931.41,	19
4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48, 4931.49,	20
4931.50, 4931.55, 4931.99, and 5733.55 be amended; section 4931.55	21
(4931.75) be amended for the purpose of adopting a new section	22
number as indicated in parentheses; and sections 4931.60, 4931.61,	23
4931.62, 4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.68,	24
4931.69, and 4931.70 of the Revised Code be enacted to read as	25
follows:	26

Sec. 2307.64. (A) As used in this section:

27

(1) "Advertisement" has the same meaning as in section	28
4931.554931.75 of the Revised Code.	29

(2) "Computer," "computer network," "computer program,"	30
"computer services," and "telecommunications device" have the same	31
meanings as in section 2913.01 of the Revised Code.	32

(3) "Electronic mail" means an electronic message that is	33
transmitted between two or more telecommunications devices or	34
electronic devices capable of receiving electronic messages,	35
whether or not the message is converted to hard copy format after	36
receipt, and whether or not the message is viewed upon the	37
transmission or stored for later retrieval. "Electronic mail"	38
includes electronic messages that are transmitted through a local,	39
regional, or global computer network.	40

(4) "Electronic mail advertisement" means electronic mail	41
containing an advertisement.	42

(5) "Electronic mail service provider" means any person that	43
is an intermediary in sending and receiving electronic mail and	44
that provides to users of electronic mail services the ability to	45
send or receive electronic mail. "Electronic mail service	46
provider" includes an internet service provider.	47

(6) "Internet" has the same meaning as in section 341.42 of	48
the Revised Code.	49

(7) "Originating address" means the string of characters used	50
to specify the source of any electronic mail message.	51

(8) "Person" has the same meaning as in section 1.59 of the	52
Revised Code, but when a person is not an individual, the person	53
responsible for transmitting or causing to be transmitted an	54
electronic mail advertisement is the particular division of the	55
partnership, corporation, or other business entity actually	56
responsible for the transmission of the electronic mail	57
advertisement.	58

(9) "Pre-existing business relationship" means that there was	59
a business transaction between the initiator and the recipient of	60
a commercial electronic mail message during the five-year period	61
preceding the receipt of that message. A pre-existing business	62
relationship includes a transaction involving the free provision	63
of information, goods, or services requested by the recipient. A	64
pre-existing business relationship does not exist after a	65
recipient requests to be removed from the distribution lists of an	66
initiator pursuant to division (B) of this section and a	67
reasonable amount of time has expired since that request.	68

(10) "Receiving address" means the string of characters used	69
to specify a recipient with each receiving address creating a	70
unique and separate recipient.	71

(11) "Recipient" means a person who receives an electronic	72
mail advertisement at any one of the following receiving	73
addresses:	74

(a) A receiving address furnished by an electronic mail	75
service provider that bills for furnishing and maintaining that	76
receiving address to a mailing address within this state;	77

(b) A receiving address ordinarily accessed from a computer	78
located within this state;	79

(c) A receiving address ordinarily accessed by a person	80
domiciled within this state;	81

(d) Any other receiving address with respect to which the	82
obligations imposed by this section can be imposed consistent with	83
the United States Constitution.	84

(B)(1) Except as otherwise provided in division (B)(3) of	85
this section, a person that transmits or causes to be transmitted	86
to a recipient an electronic mail advertisement shall clearly and	87
conspicuously provide to the recipient, within the body of the	88
electronic mail advertisement, both of the following:	89

(a) The person's name and complete residence or business	90
address and the electronic mail address of the person transmitting	91
the electronic mail advertisement;	92

(b) A notice that the recipient may decline to receive from	93
the person transmitting or causing to be transmitted the	94
electronic mail advertisement any additional electronic mail	95
advertisements and a detailed procedure for declining to receive	96
any additional electronic mail advertisements at no cost. The	97
notice shall be of the same size of type as the majority of the	98
text of the message and shall not require that the recipient	99
provide any information other than the receiving address.	100

(2) If the recipient of an electronic mail advertisement uses	101
the procedure contained in the notice described in division	102
(B)(1)(b) of this section to decline to receive any additional	103
electronic mail advertisements, the person that transmitted or	104
caused to be transmitted the original electronic mail	105
advertisement, within a reasonable period of time, shall cease	106
transmitting or causing to be transmitted to the receiving address	107
any additional electronic mail advertisements.	108

(3) A person does not violate division (B) of this section if	109
the person transmits or causes to be transmitted to the recipient	110
an electronic mail advertisement when any of the following apply:	111

(a) The person has a pre-existing business or personal	112
relationship with the recipient.	113

(b) The recipient has consented or has agreed as a condition	114
of service to receive the electronic mail advertisement.	115

(c) The recipient receives the electronic mail advertisement	116
because another recipient forwarded the advertisement to that	117
recipient via an internet web site or another recipient made a	118
direct referral of that recipient to receive the advertisement.	119

(C) No person shall use a computer, a computer network, or	120
the computer services of an electronic mail service provider to	121
transmit an electronic mail advertisement in contravention of the	122
authority granted by, or in violation of the policies related to	123
electronic mail advertisements set by, the electronic mail service	124
provider if the electronic mail service provider has provided the	125
person notice of those policies. For the purposes of this	126
division, notice of those policies shall be deemed sufficient if	127
an electronic mail service provider maintains an easily accessible	128
web page containing its policies regarding electronic mail	129
advertisements and can demonstrate that notice was supplied via	130
electronic means between the sending and receiving computers.	131

(D) No electronic mail service provider shall be liable for	132
transmitting another person's electronic mail advertisement	133
through its service in violation of this section, or shall be	134
liable for any action it voluntarily takes in good faith to block	135
the receipt or transmission through its service of any electronic	136
mail advertisement that it believes is, or will be sent, in	137
violation of this section.	138

(E) A recipient of an electronic mail advertisement	139
transmitted in violation of division (B) of this section may bring	140
a civil action against a person who transmitted that advertisement	141
or caused it to be transmitted. In that action, the recipient may	142
recover the following:	143

(1) One hundred dollars for each violation, not to exceed a	144
total of fifty thousand dollars;	145

(2) Reasonable attorney's fees, court costs, and other costs	146
of bringing the action.	147

(F) An electronic mail service provider whose authority or	148
policy has been contravened in violation of division (C) of this	149
section may bring a civil action against a person who transmitted	150
that advertisement or caused it to be transmitted. In that action,	151
the electronic mail service provider may recover the following:	152

(1)(a) Fifty dollars for each violation of division (C) of	153
this section, not to exceed fifty thousand dollars;	154

(b) If a violation of division (C) of this section is a	155
willful or knowing violation, the court may increase the amount	156
recoverable to an amount not to exceed five hundred thousand	157
dollars.	158

(c) If a violation of division (C) of this section is	159
accompanied by a violation of division (H) of this section, there	160
shall be no limit on the amount that may be recovered pursuant to	161
this section.	162

(2) Reasonable attorney's fees, court costs, and other costs	163
of bringing the action.	164

(G) In addition to any recovery that is allowed under	165
divisions (E) or (F) of this section, the recipient of an	166
electronic mail advertisement transmitted in violation of division	167
(B) of this section or the electronic mail service provider of an	168
advertisement transmitted in violation of division (C) of this	169
section may apply to the court of common pleas of the county in	170
which the recipient resides or the service provider is located for	171
an order enjoining the person who transmitted or caused to be	172
transmitted that electronic mail advertisement from transmitting	173
or causing to be transmitted to the recipient any additional	174
electronic mail advertisement.	175

(H) No person shall use a computer, a computer network, a	176
computer program, or the computer services of an electronic mail	177
service provider with the intent to forge an originating address	178
or other routing information, in any manner, in connection with	179
the transmission of an electronic mail advertisement through or	180
into the network of an electronic mail service provider or its	181
subscribers. Each use of a computer, a computer network, a	182
computer program, or the computer services of an electronic mail	183
service provider in violation of this division constitutes a	184
separate offense. A person who violates this division is guilty of	185
forgery under section 2913.31 of the Revised Code.	186

Sec. 2913.01.  As used in this chapter, unless the context	187
requires that a term be given a different meaning:	188

(A) "Deception" means knowingly deceiving another or causing	189
another to be deceived by any false or misleading representation,	190
by withholding information, by preventing another from acquiring	191
information, or by any other conduct, act, or omission that	192
creates, confirms, or perpetuates a false impression in another,	193
including a false impression as to law, value, state of mind, or	194
other objective or subjective fact.	195

(B) "Defraud" means to knowingly obtain, by deception, some	196
benefit for oneself or another, or to knowingly cause, by	197
deception, some detriment to another.	198

(C) "Deprive" means to do any of the following:

199

(1) Withhold property of another permanently, or for a period	200
that appropriates a substantial portion of its value or use, or	201
with purpose to restore it only upon payment of a reward or other	202
consideration;	203

(2) Dispose of property so as to make it unlikely that the	204
owner will recover it;	205

(3) Accept, use, or appropriate money, property, or services,	206
with purpose not to give proper consideration in return for the	207
money, property, or services, and without reasonable justification	208
or excuse for not giving proper consideration.	209

(D) "Owner" means, unless the context requires a different	210
meaning, any person, other than the actor, who is the owner of,	211
who has possession or control of, or who has any license or	212
interest in property or services, even though the ownership,	213
possession, control, license, or interest is unlawful.	214

(E) "Services" include labor, personal services, professional	215
services, public utility services including wireless service as	216
defined in division (F)(1) of section 4931.40 of the Revised Code,	217
common carrier services, and food, drink, transportation,	218
entertainment, and cable television services and, for purposes of	219
section 2913.04 of the Revised Code, include cable services as	220
defined in that section.	221

(F) "Writing" means any computer software, document, letter,	222
memorandum, note, paper, plate, data, film, or other thing having	223
in or upon it any written, typewritten, or printed matter, and any	224
token, stamp, seal, credit card, badge, trademark, label, or other	225
symbol of value, right, privilege, license, or identification.	226

(G) "Forge" means to fabricate or create, in whole or in part	227
and by any means, any spurious writing, or to make, execute,	228
alter, complete, reproduce, or otherwise purport to authenticate	229
any writing, when the writing in fact is not authenticated by that	230
conduct.	231

(H) "Utter" means to issue, publish, transfer, use, put or	232
send into circulation, deliver, or display.	233

(I) "Coin machine" means any mechanical or electronic device	234
designed to do both of the following:	235

(1) Receive a coin, bill, or token made for that purpose;

236

(2) In return for the insertion or deposit of a coin, bill,	237
or token, automatically dispense property, provide a service, or	238
grant a license.	239

(J) "Slug" means an object that, by virtue of its size,	240
shape, composition, or other quality, is capable of being inserted	241
or deposited in a coin machine as an improper substitute for a	242
genuine coin, bill, or token made for that purpose.	243

(K) "Theft offense" means any of the following:

244

(1) A violation of section 2911.01, 2911.02, 2911.11,	245
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	246
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	247
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	248
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	249
2915.05, or 2921.41 of the Revised Code;	250

(2) A violation of an existing or former municipal ordinance	251
or law of this or any other state, or of the United States,	252
substantially equivalent to any section listed in division (K)(1)	253
of this section or a violation of section 2913.41, 2913.81, or	254
2915.06 of the Revised Code as it existed prior to July 1, 1996;	255

(3) An offense under an existing or former municipal	256
ordinance or law of this or any other state, or of the United	257
States, involving robbery, burglary, breaking and entering, theft,	258
embezzlement, wrongful conversion, forgery, counterfeiting,	259
deceit, or fraud;	260

(4) A conspiracy or attempt to commit, or complicity in	261
committing, any offense under division (K)(1), (2), or (3) of this	262
section.	263

(L) "Computer services" includes, but is not limited to, the	264
use of a computer system, computer network, computer program, data	265
that is prepared for computer use, or data that is contained	266
within a computer system or computer network.	267

(M) "Computer" means an electronic device that performs	268
logical, arithmetic, and memory functions by the manipulation of	269
electronic or magnetic impulses. "Computer" includes, but is not	270
limited to, all input, output, processing, storage, computer	271
program, or communication facilities that are connected, or	272
related, in a computer system or network to an electronic device	273
of that nature.	274

(N) "Computer system" means a computer and related devices,	275
whether connected or unconnected, including, but not limited to,	276
data input, output, and storage devices, data communications	277
links, and computer programs and data that make the system capable	278
of performing specified special purpose data processing tasks.	279

(O) "Computer network" means a set of related and remotely	280
connected computers and communication facilities that includes	281
more than one computer system that has the capability to transmit	282
among the connected computers and communication facilities through	283
the use of computer facilities.	284

(P) "Computer program" means an ordered set of data	285
representing coded instructions or statements that, when executed	286
by a computer, cause the computer to process data.	287

(Q) "Computer software" means computer programs, procedures,	288
and other documentation associated with the operation of a	289
computer system.	290

(R) "Data" means a representation of information, knowledge,	291
facts, concepts, or instructions that are being or have been	292
prepared in a formalized manner and that are intended for use in a	293
computer, computer system, or computer network. For purposes of	294
section 2913.47 of the Revised Code, "data" has the additional	295
meaning set forth in division (A) of that section.	296

(S) "Cable television service" means any services provided by	297
or through the facilities of any cable television system or other	298
similar closed circuit coaxial cable communications system, or any	299
microwave or similar transmission service used in connection with	300
any cable television system or other similar closed circuit	301
coaxial cable communications system.	302

(T) "Gain access" means to approach, instruct, communicate	303
with, store data in, retrieve data from, or otherwise make use of	304
any resources of a computer, computer system, or computer network,	305
or any cable service or cable system both as defined in section	306
2913.04 of the Revised Code.	307

(U) "Credit card" includes, but is not limited to, a card,	308
code, device, or other means of access to a customer's account for	309
the purpose of obtaining money, property, labor, or services on	310
credit, or for initiating an electronic fund transfer at a	311
point-of-sale terminal, an automated teller machine, or a cash	312
dispensing machine. It also includes a county procurement card	313
issued under section 301.29 of the Revised Code.	314

(V) "Electronic fund transfer" has the same meaning as in 92	315
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	316

(W) "Rented property" means personal property in which the	317
right of possession and use of the property is for a short and	318
possibly indeterminate term in return for consideration; the	319
rentee generally controls the duration of possession of the	320
property, within any applicable minimum or maximum term; and the	321
amount of consideration generally is determined by the duration of	322
possession of the property.	323

(X) "Telecommunication" means the origination, emission,	324
dissemination, transmission, or reception of data, images,	325
signals, sounds, or other intelligence or equivalence of	326
intelligence of any nature over any communications system by any	327
method, including, but not limited to, a fiber optic, electronic,	328
magnetic, optical, digital, or analog method.	329

(Y) "Telecommunications device" means any instrument,	330
equipment, machine, or other device that facilitates	331
telecommunication, including, but not limited to, a computer,	332
computer network, computer chip, computer circuit, scanner,	333
telephone, cellular telephone, pager, personal communications	334
device, transponder, receiver, radio, modem, or device that	335
enables the use of a modem.	336

(Z) "Telecommunications service" means the providing,	337
allowing, facilitating, or generating of any form of	338
telecommunication through the use of a telecommunications device	339
over a telecommunications system.	340

(AA) "Counterfeit telecommunications device" means a	341
telecommunications device that, alone or with another	342
telecommunications device, has been altered, constructed,	343
manufactured, or programmed to acquire, intercept, receive, or	344
otherwise facilitate the use of a telecommunications service or	345
information service without the authority or consent of the	346
provider of the telecommunications service or information service.	347
"Counterfeit telecommunications device" includes, but is not	348
limited to, a clone telephone, clone microchip, tumbler telephone,	349
or tumbler microchip; a wireless scanning device capable of	350
acquiring, intercepting, receiving, or otherwise facilitating the	351
use of telecommunications service or information service without	352
immediate detection; or a device, equipment, hardware, or software	353
designed for, or capable of, altering or changing the electronic	354
serial number in a wireless telephone.	355

(BB)(1) "Information service" means, subject to division	356
(BB)(2) of this section, the offering of a capability for	357
generating, acquiring, storing, transforming, processing,	358
retrieving, utilizing, or making available information via	359
telecommunications, including, but not limited to, electronic	360
publishing.	361

(2) "Information service" does not include any use of a	362
capability of a type described in division (BB)(1) of this section	363
for the management, control, or operation of a telecommunications	364
system or the management of a telecommunications service.	365

(CC) "Elderly person" means a person who is sixty-five years	366
of age or older.	367

(DD) "Disabled adult" means a person who is eighteen years of	368
age or older and has some impairment of body or mind that makes	369
the person unfit to work at any substantially remunerative	370
employment that the person otherwise would be able to perform and	371
that will, with reasonable probability, continue for a period of	372
at least twelve months without any present indication of recovery	373
from the impairment, or who is eighteen years of age or older and	374
has been certified as permanently and totally disabled by an	375
agency of this state or the United States that has the function of	376
so classifying persons.	377

(EE) "Firearm" and "dangerous ordnance" have the same	378
meanings as in section 2923.11 of the Revised Code.	379

(FF) "Motor vehicle" has the same meaning as in section	380
4501.01 of the Revised Code.	381

(GG) "Dangerous drug" has the same meaning as in section	382
4729.01 of the Revised Code.	383

(HH) "Drug abuse offense" has the same meaning as in section	384
2925.01 of the Revised Code.	385

Sec. 4931.40.  As used in sections 4931.40 to 4931.544931.70	386
of the Revised Code:	387

(A) "9-1-1 system" means a system through which individuals	388
can request emergency service using the telephone number 9-1-1.	389

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	390
provides information on the nature of and the location of an	391
emergency, and the personnel receiving the call must determine the	392
appropriate emergency service provider to respond at that	393
location.	394

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	395
providing both enhanced wireline 9-1-1 and wireless enhanced	396
9-1-1.	397

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	398
the wireline telephone network system, in providing wireline	399
9-1-1, automatically provides to personnel receiving the call,	400
immediately on answering the 9-1-1 call, information on the	401
location and the telephone number from which the call is being	402
made, and routes the call to emergency service providers that	403
serve the location from which the call is made and immediately	404
provides to personnel answering the 9-1-1 call information on the	405
location and the telephone number from which the call is being	406
made.	407

(D)(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that,	408
in providing wireless 9-1-1, has the capabilities of phase I and,	409
to the extent available, phase II enhanced 9-1-1 services as	410
described in 47 C.F.R. 20.18 (d) to (h).	411

(F)(1) "Wireless service" means federally licensed commercial	412
mobile service as defined in 47 U.S.C. 332(d) and further defined	413
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	414
service provided by any wireless, two-way communications device,	415
including a radio-telephone communications line used in cellular	416
telephone service or personal communications service, a network	417
radio access line, or any functional or competitive equivalent of	418
such a radio-telephone communications or network radio access	419
line.	420

(2) Nothing in sections 4931.40 to 4931.70 of the Revised	421
Code applies to paging or any service that cannot be used to call	422
9-1-1.	423

(G) "Wireless service provider" means a facilities-based	424
provider of wireless service to one or more end users in this	425
state.	426

(H) "Wireless 9-1-1" means the emergency calling service	427
provided by a 9-1-1 system pursuant to a call originating in the	428
network of a wireless service provider.	429

(I) "Wireline 9-1-1" means the emergency calling service	430
provided by a 9-1-1 system pursuant to a call originating in the	431
network of a wireline service provider.	432

(J) "Wireline service provider" means a facilities-based	433
provider of wireline service to one or more end-users in this	434
state.	435

(K) "Wireline service" means basic local exchange service, as	436
defined in section 4927.01 of the Revised Code, that is	437
transmitted by means of interconnected wires or cables by a	438
wireline service provider authorized by the public utilities	439
commission.	440

(L) "Wireline telephone network" means the selective router	441
and data base processing systems, trunking and data wiring cross	442
connection points at the public safety answering point, and all	443
other voice and data components of the 9-1-1 system.	444

(M) "Subdivision" means a county, municipal corporation,	445
township, township fire district, joint fire district, township	446
police district, joint ambulance district, or joint emergency	447
medical services district that provides emergency service within	448
its territory, or that contracts with another municipal	449
corporation, township, or district or with a private entity to	450
provide such service; and a state college or university, port	451
authority, or park district of any kind that employs law	452
enforcement officers that act as the primary police force on the	453
grounds of the college or university or port authority or in the	454
parks operated by the district.	455

(E)(N) "Emergency service" means emergency policelaw	456
enforcement, firefighting, ambulance, rescue, and medical service.	457

(F)(O) "Emergency service provider" means the state highway	458
patrol and an emergency service department or unit of a	459
subdivision or that operates inprovides emergency service to a	460
subdivision under contract with the subdivision.	461

(G)(P) "Public safety answering point" means a facility to	462
which 9-1-1 system calls for a specific territory are initially	463
routed for response and where subdivision personnel respond to	464
specific requests for emergency service by directly dispatching	465
the appropriate emergency service provider, relaying a message to	466
the appropriate provider, or transferring the call to the	467
appropriate provider.	468

(H)(Q) "Customer premises equipment" means telecommunications	469
equipment, including telephone instruments, on the premises of a	470
public safety answering point that is used in answering and	471
responding to 9-1-1 system calls.	472

(I)(R) "Municipal corporation in the county" includes any	473
municipal corporation that is wholly contained in the county and	474
each municipal corporation located in more than one county that	475
has a greater proportion of its territory in the county to which	476
the term refers than in any other county.	477

(J)(S) "Board of county commissioners" includes the	478
legislative authority of a county established under Section 3 of	479
Article X, Ohio Constitution, or Chapter 302. of the Revised Code.	480

(K)(T) "Final plan" means a final plan adopted under division	481
(B) of section 4931.44 of the Revised Code and, except as	482
otherwise expressly provided, an amended final plan adopted under	483
section 4931.45 of the Revised Code.	484

(L)(U) "Subdivision served by a public safety answering	485
point" means a subdivision that provides emergency service for any	486
part of its territory that is located within the territory of a	487
public safety answering point whether the subdivision provides the	488
emergency service with its own employees or pursuant to a	489
contract.	490

(M)(V) A township's population includes only population of	491
the unincorporated portion of the township.	492

(N)(W) "Telephone company" means a company engaged in the	493
business of providing local exchange telephone service by making	494
available or furnishing access and a dial tone to persons within a	495
local calling area for use in originating and receiving voice	496
grade communications over a switched network operated by the	497
provider of the service within the area and gaining access to	498
other telecommunications services. "Telephone company" includes a	499
wireline service provider and a wireless service provider unless	500
otherwise expressly specified. For purposes of sections 4931.52	501
and 4931.53 of the Revised Code, "telephone company" means a	502
wireline service provider.	503

Sec. 4931.41.  (A)(1) A countywide 9-1-1 system shall include	504
all of the territory of the townships and municipal corporations	505
in the county and any portion of such a municipal corporation that	506
extends into an adjacent county.	507

(2) The system shall exclude any territory served by a	508
telephone companywireline service provider that is not capable of	509
reasonably meeting the technical and economic requirements of	510
providing the wireline telephone network portion of the countywide	511
system for that territory. The system shall exclude from enhanced	512
9-1-1 service any territory served by a telephone companywireline	513
service provider that is not capable of reasonably meeting the	514
technical and economic requirements of providing the wireline	515
telephone network portion of an enhanced 9-1-1 service for that	516
territory. If a 9-1-1 planning committee and a telephone company	517
wireline service provider do not agree on whether the telephone	518
companyprovider is so capable, the committee shall notify the	519
public utilities commission, and the commission shall determine	520
whether the companywireline service provider is so capable. The	521
committee shall ascertain whether such disagreement exists before	522
making its implementation proposal under division (A) of section	523
4931.43 of the Revised Code. The commission's determination shall	524
be in the form of an order. No final plan shall require a	525
telephone companywireline service provider to provide the	526
wireline telephone network portion of a 9-1-1 system that the	527
commission has determined the companyprovider is not reasonably	528
capable of providing.	529

(B) A countywide 9-1-1 system may be a basic or enhanced	530
9-1-1 system, or a combination of the two, and shall be for the	531
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	532

(C) Every emergency service provider that provides emergency	533
service within the territory of a countywide 9-1-1 system shall	534
participate in the countywide system.	535

(D)(1) Each public safety answering point shall be operated	536
by a subdivision and shall be operated constantly.	537

(2) A subdivision that operates a public safety answering	538
point shall pay all of the costs associated with establishing,	539
equipping, furnishing, operating, and maintaining that facility	540
and shall allocate those costs among itself and the subdivisions	541
served by the answering point based on the allocation formula in a	542
final plan. The telephone companywireline service provider or	543
other entity that provides or maintains the customer premises	544
equipment shall bill the operating subdivision for the cost of	545
providing such equipment, or its maintenance. A wireless service	546
provider and a subdivision operating a public safety answering	547
point may enter into a service agreement for providing wireless	548
enhanced 9-1-1 pursuant to a final plan adopted under sections	549
4931.40 to 4931.70 of the Revised Code.	550

(E) Except to the extent provided in a final plan that	551
provides for funding of a 9-1-1 system in part through charges	552
imposed under section 4931.51 of the Revised Code, each	553
subdivision served by a public safety answering point shall pay	554
the subdivision that operates the answering point the amount	555
computed in accordance with the allocation formula set forth in	556
the final plan.	557

(F) Notwithstanding any other provision of law, the purchase	558
or other acquisition, installation, and maintenance of the	559
telephone network for a 9-1-1 system and the purchase or other	560
acquisition, the installation, and maintenance of customer	561
premises equipment at a public safety answering point made in	562
compliance with a final plan or an agreement under section 4931.48	563
of the Revised Code, including customer premises equipment used to	564
provide wireless enhanced 9-1-1, are not subject to any	565
requirement of competitive bidding.	566

(G) Each emergency service provider participating in a	567
countywide 9-1-1 system shall maintain a telephone number in	568
addition to 9-1-1.	569

(H) Whenever a final plan provides for the implementation of	570
basic 9-1-1 service, the planning committee shall so notify the	571
public utilities commission, which shall determine whether the	572
telephone companieswireline service providers serving the	573
territory covered by the plan are capable of reasonably meeting	574
the technical and economic requirements of providing the wireline	575
telephone network portion of an enhanced 9-1-1 system. The	576
determination shall be made solely for purposes of division (C)(2)	577
of section 4931.47 of the Revised Code.	578

(I) If the public safety answering point personnel reasonably	579
determine that a 9-1-1 call is not an emergency, the personnel	580
shall provide the caller with the telephone number of thean	581
appropriate emergency service providersubdivision agency as	582
applicable.	583

(J) A final plan adopted under sections 4931.40 to 4931.70 of	584
the Revised Code, or an agreement under section 4931.48 of the	585
Revised Code, may provide that, by further agreement included in	586
the plan or agreement, the state highway patrol or one or more	587
public safety answering points of another 9-1-1 system is the	588
public safety answering point or points for the provision of	589
wireline or wireless 9-1-1 for all or part of the territory of the	590
9-1-1 system established under the plan or agreement. In that	591
event, the subdivision for which the wireline or wireless 9-1-1 is	592
provided as named in the agreement shall be deemed the subdivision	593
operating the public safety answering point or points for purposes	594
of sections 4931.40 to 4931.70 of the Revised Code, except that,	595
for the purpose of division (D)(2) of this section, that	596
subdivision shall pay only so much of the costs of establishing,	597
equipping, furnishing, operating, or maintaining any such public	598
safety answering point as are specified in the agreement with the	599
patrol or other system.	600

(K) A final plan for the provision of wireless enhanced 9-1-1	601
shall provide that any wireless 9-1-1 calls routed to a state	602
highway patrol-operated public safety answering point by default,	603
due to a wireless service provider so routing all such calls of	604
its subscribers without prior permission, are instead to be routed	605
as provided under the plan. Upon the implementation of countywide	606
wireless enhanced 9-1-1 pursuant to a final plan, the state	607
highway patrol shall cease any functioning as a public safety	608
answering point providing wireless 9-1-1 within the territory	609
covered by the countywide 9-1-1 system so established, unless the	610
patrol functions as a public safety answering point providing	611
wireless enhanced 9-1-1 pursuant to an agreement included in the	612
plan as authorized under division (J) of this section.	613

Sec. 4931.43.  (A) The 9-1-1 planning committee shall prepare	614
a proposal on the implementation of a countywide 9-1-1 system and	615
shall hold a public meeting on the proposal to explain the system	616
to and receive comments from public officials. At least thirty but	617
not more than sixty days before the meeting, the committee shall	618
send a copy of the implementation proposal and written notice of	619
the meeting:	620

(1) By certified mail, to the board of county commissioners,	621
the legislative authority of each municipal corporation in the	622
county, and to the board of trustees of each township in the	623
county; and	624

(2) To the board of trustees, directors, or park	625
commissioners of each subdivision that will be served by a public	626
safety answering point under the plan.	627

(B) The proposal and the final plan adopted by the committee	628
shall specify:	629

(1) Which telephone companies serving customers in the county	630
and, as authorized in division (A)(1) of section 4931.41 of the	631
Revised Code, in an adjacent county will participate in the 9-1-1	632
system;	633

(2) The location and number of public safety answering	634
points; how they will be connected to a company's telephone	635
network; from what geographic territory each will receive 9-1-1	636
calls; whether basic or enhanced 9-1-1 service will be provided	637
within such territory; what subdivisions will be served by the	638
answering point; and whether an answering point will respond to	639
calls by directly dispatching an emergency service provider, by	640
relaying a message to the appropriate provider, or by transferring	641
the call to the appropriate provider;	642

(3) WhatWhich subdivision will establish, equip, furnish,	643
operate, and maintain eacha particular public safety answering	644
point;	645

(4) A projection of the initial cost of establishing,	646
equipping, and furnishing and of the annual cost of the first five	647
years of operating and maintaining each public safety answering	648
point;	649

(5) Whether the cost of establishing, equipping, furnishing,	650
operating, or maintaining each public safety answering point	651
should be funded through charges imposed under section 4931.51 of	652
the Revised Code or will be allocated among the subdivisions	653
served by the answering point and, if any such cost is to be	654
allocated, the formula for so allocating it;	655

(6) How each emergency service provider will respond to a	656
misdirected call.	657

(C) Following the meeting required by this section, the 9-1-1	658
planning committee may modify the implementation proposal and, no	659
later than nine months after the resolution authorized by section	660
4931.414931.42 of the Revised Code is adopted, may adopt, by	661
majority vote, adopt a final plan for implementing a countywide	662
9-1-1 system. If a planning committee and telephone company	663
wireline service provider do not agree on whether the telephone	664
companywireline service provider is capable of providing the	665
wireline telephone network as described under division (A) of	666
section 4931.41 of the Revised Code and the planning committee	667
refers that question to the public utilities commission, the	668
commission may extend the nine-month deadline established by this	669
division to twelve months. Immediately on completion of the plan,	670
the committee shall send a copy of the final plan:	671

(1) By certified mail to the board of county commissioners of	672
the county, to the legislative authority of each municipal	673
corporation in the county, and to the board of township trustees	674
of each township in the county; and	675

(2) To the board of trustees, directors, or park	676
commissioners of each subdivision that will be served by a public	677
safety answering point under the plan.	678

(D) If the committee has not adopted a final plan on or	679
before the deadline in division (C) of this section, the committee	680
shall cease to exist. A new 9-1-1 planning committee may be	681
convened in the manner established in section 4931.42 of the	682
Revised Code to develop an implementation proposal and final plan	683
in accordance with the requirements of sections 4931.42 to 4931.44	684
of the Revised Code.	685

Sec. 4931.44.  (A) Within sixty days after receipt of the	686
final plan pursuant to division (C) of section 4931.43 of the	687
Revised Code, the board of county commissioners of the county and	688
the legislative authority of each municipal corporation in the	689
county and of each township whose territory is proposed to be	690
included in a countywide 9-1-1 system shall act by resolution to	691
approve or disapprove the plan, except that, with respect to a	692
final plan that provides for funding of the 9-1-1 system in part	693
through charges imposed under section 4931.51 of the Revised Code,	694
the board of county commissioners shall not act by resolution to	695
approve or disapprove the plan until after a resolution adopted	696
under section 4931.51 of the Revised Code has become effective as	697
provided in division (D) of that section. A municipal corporation	698
or township whose territory is proposed to be included in the	699
system includes any municipal corporation or township in which a	700
part of its territory is excluded pursuant to division (A)(2) of	701
section 4931.41 of the Revised Code. Each such authority shall	702
immediately shall notify the board of county commissioners in	703
writing of its approval or disapproval of the final plan. Failure	704
by a board or legislative authority to notify the board of county	705
commissioners of approval or disapproval within such sixty-day	706
period shall be deemed disapproval by suchthe board or authority.	707

(B) As used in this division, "county's population" excludes	708
the population of any municipal corporation or township that,	709
under the plan, is completely excluded from 9-1-1 service in the	710
county's final plan. A countywide plan will becomeis effective if	711
all of the following entities approve the plan in accordance with	712
this section:	713

(1) The board of county commissioners;

714

(2) The legislative authority of a municipal corporation that	715
contains at least thirty per cent of the county's population, if	716
any;	717

(3) The legislative authorities of municipal corporations and	718
townships that contain at least sixty per cent of the county's	719
population or, if the plan has been approved by a municipal	720
corporation that contains at least sixty per cent of the county's	721
population, by the legislative authorities of municipal	722
corporations and townships that contain at least seventy-five per	723
cent of the county's population.	724

(C) After a countywide plan approved in accordance with this	725
section is adopted, all of the telephone companies and	726
subdivisions included in the plan are subject to the specific	727
requirements of the plan and to sections 4931.40 to 4931.54	728
4931.70 of the Revised Code.	729

Sec. 4931.45.  (A) AAn amended final plan may be amended to	730
expandis required for any of the following purposes:	731

(1) Expanding the territory included in the countywide 9-1-1	732
system, to upgrade;	733

(2) Upgrading any part or all of a system from basic 9-1-1 to	734
enhanced wireline 9-1-1 service, to adjust;	735

(3) Adjusting the territory served by a public safety	736
answering point, to represcribe;	737

(4) Represcribing the funding of public safety answering	738
points as between the alternatives set forth in division (B)(5) of	739
section 4931.43 of the Revised Code, or to make;	740

(5) Providing for wireless enhanced 9-1-1;

741

(6) Adding a telephone company as a participant in a	742
countywide 9-1-1 system after the implementation of wireline 9-1-1	743
or wireless enhanced 9-1-1;	744

(7) Providing that the state highway patrol or one or more	745
public safety answering points of another 9-1-1 system function as	746
a public safety answering point or points for the provision of	747
wireline or wireless 9-1-1 for all or part of the territory of the	748
system established under the final plan, as contemplated under	749
division (J) of section 4931.41 of the Revised Code;	750

(8) Making any other necessary adjustments to the plan only	751
by convening a new 9-1-1 planning committee, and adopting an	752
amended final plan. The convening of a new 9-1-1 planning	753
committee and the proposal and adoption of an amended final plan	754
shall be made in the same manner required for the convening of an	755
initial committee and adoption of an original proposed and final	756
plan under sections 4931.42 to 4931.44 of the Revised Code.	757
Adoption	758

The adoption of an amended final plan under this division	759
shall be subject to, and accomplished in the manner of the	760
adoption of an initial final plan under, sections 4931.42 to	761
4931.44 of the Revised Code, including the requirements for the	762
convening of a 9-1-1 planning committee and development of a	763
proposed plan prior to the adoption of the final plan. However, a	764
final plan is deemed amended for the purpose described in division	765
(A)(6) of this section upon the filing, with the board of county	766
commissioners of the county that approved the final plan for the	767
countywide 9-1-1 system, of a written letter of intent by the	768
entity to be added as a participant in the 9-1-1 system. The	769
entity shall send written notice of the filing to all subdivisions	770
and telephone companies participating in the system. Further,	771
adoption of any resolution under section 4931.51 of the Revised	772
Code pursuant to a final plan that both has been adopted and	773
provides for funding through charges imposed under that section is	774
not an amendment of a final plan for the purpose of this division.	775

(B) When a final plan is amended to expand the territory that	776
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	777
enhanced 9-1-1 servicefor a purpose described in division (A)(1),	778
(2), or (6) of this section, sections 4931.47 and 5733.55 of the	779
Revised Code apply with respect to the telephone company's	780
recoveryreceipt of the nonrecurring and recurring rates and	781
charges for the wireline telephone network portion of the 9-1-1	782
system.	783

Sec. 4931.46.  (A) Within three years from the date aan	784
initial final plan becomes effective under division (B) of section	785
4931.44 of the Revised Code, the telephone companieswireline	786
service providers designated in the plan shall have installed the	787
wireline telephone network portion of the 9-1-1 system according	788
to the terms, conditions, requirements, and specifications set	789
forth in that plan.	790

(B)(1) Upon installation of a countywide 9-1-1 system, the	791
board of county commissioners may direct the county engineer to	792
erect and maintain at the county boundaries on county roads and	793
state and interstate highways, signs indicating the availability	794
of a countywide 9-1-1 system. Any sign erected by a county under	795
this section shall be erected in accordance with and meet the	796
specifications established under division (B)(2) of this section.	797
All expenses incurred in erecting and maintaining the signs shall	798
be paid by the county.	799

(2) The director of transportation shall develop design	800
specifications for signs giving notice of the availability of a	801
countywide 9-1-1 system. The director also shall establish	802
standards for the erection of the signs and, in accordance with	803
federal law and regulations and recognized engineering practices,	804
specify those locations where the signs shall not be erected.	805

Sec. 4931.47.  (A) In accordance with Chapters 4901., 4903.,	806
4905., 4909., and 4931. of the Revised Code, the public utilities	807
commission shall determine the just, reasonable, and compensatory	808
rates, tolls, classifications, charges, or rentals to be observed	809
and charged for the wireline telephone network portion of a basic	810
andor enhanced 9-1-1 system, and each telephone company that is a	811
wireline service provider participating in the system shall be	812
subject to such chapters, to the extent they apply, as to the	813
service provided by its portion of the wireline telephone network	814
for the system as described in the final plan or to be installed	815
pursuant to agreements under section 4931.48 of the Revised Code,	816
and as to the rates, tolls, classifications, charges, or rentals	817
to be observed and charged for that service.	818

(B) Only the customers of a participating telephone company	819
described in division (A) of this section that are served within	820
the area covered by a 9-1-1 system shall pay the recurring rates	821
for the maintenance and operation of the company's portion of the	822
wireline telephone network in providing 9-1-1 serviceof the	823
system. Such rates shall be computed by dividing the total monthly	824
recurring rates set forth in a telephonethe company's schedule as	825
filed in accordance with section 4905.30 of the Revised Code, by	826
the total number of residential and business customer access	827
lines, or their equivalent, within the area served. Each	828
residential and business customer within the area served shall pay	829
the recurring rates based on the number of its residential and	830
business customer access lines or their equivalent. No company may	831
shall include such amount on any customer's bill until the company	832
has completed its portion of the wireline telephone network in	833
accordance with the terms, conditions, requirements, and	834
specifications of the final plan or an agreement made under	835
section 4931.48 of the Revised Code.	836

(C)(1) Except as otherwise provided in division (C)(2) of	837
this section, a participating telephone company described in	838
division (A) of this section may receive through the credit	839
authorized by section 5733.55 of the Revised Code the total	840
nonrecurring charges for its portion of the wireline telephone	841
network used in providing 9-1-1 service,of the system and the	842
total nonrecurring charges for any updating or modernization of	843
that wireline telephone network in accordance with the terms,	844
conditions, requirements, and specifications of the final plan or	845
pursuant to agreements under section 4931.48 of the Revised Code,	846
as such charges are set forth in the schedule filed by athe	847
telephone company in accordance with section 4905.30 of the	848
Revised Code, on completion of the installation of the network in	849
accordance with the terms, conditions, requirements, and	850
specifications of the final plan or pursuant to section 4931.48 of	851
the Revised Code shall be recovered by the company through the	852
credit authorized by section 5733.55 of the Revised Code. However,	853
that portion, updating, or modernization shall not be for or	854
include the provision of wireless 9-1-1. As applicable, the	855
receipt of permissible charges shall occur only upon the	856
completion of the installation of the network or the completion of	857
the updating or modernization.	858

(2) The credit shall not be allowed under division (C)(1) of	859
this section for the upgrading of a system from basic to enhanced	860
wireline 9-1-1 service whenif both of the following apply:	861

(a) The telephone company received the credit for the	862
wireline telephone network portion of the basic 9-1-1 system now	863
proposed to be upgraded; and.	864

(b) At the time the final plan or agreement pursuant to	865
section 4931.48 of the Revised Code calling for the basic 9-1-1	866
system was agreed to, the telephone company was capable of	867
reasonably meeting the technical and economic requirements of	868
providing the wireline telephone network portion of an enhanced	869
9-1-1 system within the territory proposed to be upgraded, as	870
determined by the public utilities commission under division (A)	871
or (H) of section 4931.41 or division (C) of section 4931.48 of	872
the Revised Code.	873

(3) WhenIf the credit is not allowed under division (C)(2)	874
of this section, the total nonrecurring charges for the wireline	875
telephone network used in providing 9-1-1 service, as set forth in	876
the schedule filed by a telephone company in accordance with	877
section 4905.30 of the Revised Code, on completion of the	878
installation of the network in accordance with the terms,	879
conditions, requirements, and specifications of the final plan or	880
pursuant to section 4931.48 of the Revised Code, shall be paid by	881
the municipal corporations and townships with any territory in the	882
area in which such upgrade from basic to enhanced 9-1-1 service is	883
made.	884

(D) WhereIf customer premises equipment for a public safety	885
answering point is supplied by a telephone company that is	886
required to file a schedule under section 4905.30 of the Revised	887
Code pertaining to customer premises equipment, the recurring and	888
nonrecurring rates and charges for the installation and	889
maintenance of the equipment specified in the schedule shall	890
apply.	891

Sec. 4931.48.  (A) If a final plan is disapproved under	892
division (B) of section 4931.44 of the Revised Code, by	893
resolution, the legislative authority of a municipal corporation	894
or township that contains at least thirty per cent of the county's	895
population may establish within its boundaries, or the legislative	896
authorities of a group of municipal corporations or townships each	897
of which is contiguous with at least one other such municipal	898
corporation or township in the group, together containing at least	899
thirty per cent of the county's population, may jointly establish	900
within their boundaries a 9-1-1 system. For thisthat purpose, the	901
municipal corporation or township may enter into an agreement, and	902
the contiguous municipal corporations or townships may jointly	903
enter into an agreement with aone or more telephone company	904
providing service in the municipal corporations or townships to	905
provide for the telephone network portion of the systemcompanies.	906

(B) If no resolution has been adopted to convene a 9-1-1	907
planning committee under section 4931.42 of the Revised Code, but	908
not sooner than eighteen months after the effective date of such	909
section, by resolution, the legislative authority of any municipal	910
corporation in the county may establish within its boundaries, or	911
the legislative authorities of a group of municipal corporations	912
and townships each of which is contiguous to at least one of the	913
other such municipal corporations or townships in the group may	914
jointly establish within their boundaries, a 9-1-1 system. TheFor	915
that purpose, the municipal corporation, or contiguous municipal	916
corporations and townships, may enter into an agreement with aone	917
or more telephone company serving customers within the boundaries	918
of the municipal corporation or contiguous municipal corporations	919
and townships, to provide for the telephone network portion of a	920
9-1-1 systemcompanies.	921

(C) Whenever a telephone company that is a wireline service	922
provider and one or more municipal corporations and townships	923
enter into an agreement under division (A) or (B) of this section	924
to provide for the wireline telephone network portion of a basic	925
9-1-1 system, the telephone company shall so notify the public	926
utilities commission, which shall determine whether the telephone	927
company is capable of reasonably meeting the technical and	928
economic requirements of providing the wireline telephone network	929
for an enhanced system within the territory served by the company	930
and covered by the agreement. The determination shall be made	931
solely for the purposes of division (C)(2) of section 4931.47 of	932
the Revised Code.	933

(D) Within three years from the date of entering into an	934
initial agreement described under division (A) or (B)(C) of this	935
section, the telephone company shall have installed the wireline	936
telephone network portion of the 9-1-1 system according to the	937
terms, conditions, requirements, and specifications set forth in	938
the agreement.	939

(E) TheA telephone company that is a wireline service	940
provider shall recover the cost of installing the wireline	941
telephone network system pursuant to agreements made under this	942
section as provided in sectionsections 4931.47 of the Revised	943
Code, as authorized under sectionand 5733.55 of the Revised Code.	944

Sec. 4931.49.  (A)(1) The state, the state highway patrol, or	945
a subdivision participating in a 9-1-1 system established under	946
sections 4931.40 to 4931.70 of the Revised Code and any officer,	947
agent, or employee, or independent contractor of the state, the	948
state highway patrol, or such a participating subdivision is not	949
liable in damages in a civil action for injuries, death, or loss	950
to persons or property arising from any act or omission, except	951
willful or wanton misconduct, in connection with developing,	952
adopting, or approving any final plan or any agreement made under	953
section 4931.48 of the Revised Code or otherwise bringing into	954
operation athe 9-1-1 system pursuant to those provisionssections	955
4931.40 to 4931.70 of the Revised Code.	956

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	957
board, and any member of that council or board are not liable in	958
damages in a civil action for injuries, death, or loss to persons	959
or property arising from any act or omission, except willful or	960
wanton misconduct, in connection with the development or operation	961
of a 9-1-1 system established under sections 4931.40 to 4931.70 of	962
the Revised Code.	963

(B) Except as otherwise provided in sections 701.02 and	964
section 4765.49 of the Revised Code, an individual who gives	965
emergency instructions through a 9-1-1 system established under	966
sections 4931.40 to 4931.544931.70 of the Revised Code, and the	967
principals for whom the person acts, including both employers and	968
independent contractors, public and private, and an individual who	969
follows emergency instructions and the principals for whom that	970
person acts, including both employers and independent contractors,	971
public and private, are not liable in damages in a civil action	972
for injuries, death, or loss to persons or property arising from	973
the issuance or following of emergency instructions, except where	974
the issuance or following of the instructions constitutes willful	975
or wanton misconduct.	976

(C) AExcept for willful or wanton misconduct, a telephone	977
company, and any other installer, maintainer, or provider, through	978
the sale or otherwise, of customer premises equipment, and their	979
respective officers, directors, employees, agents, and suppliers	980
are not liable in damages in a civil action for injuries, death,	981
or loss to persons or property incurred by any person resulting	982
from such an entity's or its officers', directors', employees',	983
agents', or suppliers' participation in or acts or omissions in	984
connection with that participationparticipating in or developing,	985
maintaining, or operating a 9-1-1 system, whether that system is	986
established pursuant to sections 4931.40 to 4931.544931.70 of the	987
Revised Code or otherwise in accordance with the telephone	988
company's schedules regarding 9-1-1 systems filed with the public	989
utilities commission pursuant to section 4905.30 of the Revised	990
Code by a telephone company that is a wireline service provider.	991

(D) No person shall knowingly use the telephone number of the	992
a 9-1-1 system established under sections 4931.40 to 4931.70 of	993
the Revised Code to report an emergency if the person knows that	994
no emergency exists.	995

(E) No person shall knowingly use a 9-1-1 system for a	996
purpose other than obtaining emergency service.	997

(F) No person shall disclose or use, for any purpose other	998
than for the 9-1-1 system, any information concerning telephone	999
numbers, addresses, or names obtained from the data base that	1000
serves the public safety answering point of a 9-1-1 system	1001
established under sections 4931.40 to 4931.544931.70 of the	1002
Revised Code, except thatfor any of the following purposes or	1003
under any of the following circumstances:	1004

(1) For the purpose of the 9-1-1 system;

1005

(2) For the purpose of responding to an emergency call to an	1006
emergency service provider;	1007

(3) In the circumstance of the inadvertent disclosure of such	1008
information due solely to technology of the wireline telephone	1009
network portion of the 9-1-1 system not allowing access to the	1010
data base to be restricted to 9-1-1 specific answering lines at a	1011
public safety answering point;	1012

(4) In the circumstance of assistance given by a telephone	1013
company may disclose or use such informationthat is a wireline	1014
service provider to assist a public utility or municipal utility	1015
in handling customer calls in times of public emergency or service	1016
outages. The charge, terms, and conditions for the disclosure or	1017
use of such information by the telephone companyfor the purpose	1018
of such assistance shall be subject to the jurisdiction of the	1019
public utilities commission. In no event shall such information be	1020
disclosed or used for any purpose not permitted by this division.	1021

Sec. 4931.50. (A) The attorney general, upon request of the	1022
public utilities commission or on the attorney general's own	1023
initiative, shall begin proceedings against a subdivision or	1024
telephone company that is a wireline service provider to enforce	1025
compliance with sections 4931.40 to 4931.544931.70 of the Revised	1026
Code, or with the terms, conditions, requirements, or	1027
specifications of a final plan or of an agreement under section	1028
4931.48 of the Revised Code as to wireline or wireless 9-1-1.	1029

(B) The attorney general, upon the attorney general's own	1030
initiative, or any prosecutor, upon the prosecutor's initiative,	1031
shall begin proceedings against a subdivision as to wireline or	1032
wireless 9-1-1 to enforce compliance with sections 4931.40 to	1033
4931.70 of the Revised Code or with the terms, conditions,	1034
requirements, or specifications of a final plan or of an agreement	1035
under section 4931.48 of the Revised Code as to wireline or	1036
wireless 9-1-1.	1037

Sec. 4931.60.  There is hereby created within the public	1038
utilities commission the 9-1-1 service program, headed by an Ohio	1039
9-1-1 coordinator in the unclassified civil service pursuant to	1040
division (A)(9) of section 124.11 of the Revised Code. The	1041
coordinator shall be appointed by and serve at the pleasure of the	1042
commission chairperson and shall report directly to the	1043
chairperson. Upon the effective date of this section, the	1044
chairperson shall appoint an interim coordinator and, upon	1045
submission of a list of nominees by the Ohio 9-1-1 council	1046
pursuant to section 4931.69 of the Revised Code, shall consider	1047
those nominees in making the final appointment and in appointing	1048
any subsequent coordinator. The chairperson may request the	1049
council to submit additional nominees and may reject any of the	1050
nominees. The chairperson shall fix the compensation of the	1051
coordinator. The chairperson shall evaluate the performance of the	1052
coordinator after considering the evaluation and recommendations	1053
of the council under section 4931.68 of the Revised Code.	1054

The Ohio 9-1-1 coordinator shall administer the wireless	1055
9-1-1 government assistance fund as specified in sections 4931.63	1056
and 4931.64 of the Revised Code and otherwise carry out the	1057
coordinator's duties under sections 4931.60 to 4931.70 of the	1058
Revised Code. The chairperson may establish additional duties of	1059
the coordinator based on a list of recommended duties submitted by	1060
the Ohio 9-1-1 council pursuant to section 4931.68 of the Revised	1061
Code. The chairperson may assign one or more commission employees	1062
to assist the coordinator in carrying out the coordinator's	1063
duties.	1064

Sec. 4931.61. (A) Beginning on the first day of the third	1065
month following the effective date of this section and ending	1066
December 31, 2008, there is hereby imposed, on each wireless	1067
telephone number of a wireless service subscriber who has a	1068
billing address in this state, a wireless 9-1-1 charge of	1069
thirty-two cents per month. The subscriber shall pay the wireless	1070
9-1-1 charge for each such wireless telephone number assigned to	1071
the subscriber. Each wireless service provider and each reseller	1072
of wireless service shall collect the wireless 9-1-1 charge as a	1073
specific line item on each subscriber's monthly bill. The line	1074
item shall be expressly designated "State/Local Wireless-E911	1075
Costs ($0.32/billed number)." If a provider bills a subscriber for	1076
any wireless enhanced 9-1-1 costs that the provider may incur, the	1077
charge or amount is not to appear in the same line item as the	1078
state/local line item. If the charge or amount is to appear in its	1079
own, separate line item on the bill, the charge or amount shall be	1080
expressly designated "[Name of Provider] Federal Wireless-E911	1081
Costs." For any subscriber of prepaid wireless service, a wireless	1082
service provider or reseller shall collect the wireless 9-1-1	1083
charge in any of the following manners:	1084

(1) At the point of sale. For purposes of prepaid wireless	1085
services, point of sale includes the purchasing of additional	1086
minutes by the subscriber along with any necessary activation of	1087
those minutes.	1088

(2) If the subscriber has a positive account balance on the	1089
last day of the month and has used the service during that month,	1090
by reducing that balance not later than the end of the first week	1091
of the following month by the amount of the charge or an	1092
equivalent number of air time minutes;	1093

(3) By dividing the total earned prepaid wireless telephone	1094
revenue from sales within this state received by the wireless	1095
service provider or reseller during the month by fifty,	1096
multiplying the quotient by thirty-two cents, and remitting this	1097
amount pursuant to division (A)(1) of section 4931.62 of the	1098
Revised Code.	1099

(B) The wireless 9-1-1 charge shall be exempt from state or	1100
local taxation.	1101

Sec. 4931.62. (A)(1) Beginning with the second month	1102
following the month in which the wireless 9-1-1 charge is first	1103
imposed under section 4931.61 of the Revised Code, a wireless	1104
service provider or reseller of wireless service, not later than	1105
the last day of each month, shall remit the full amount of all	1106
wireless 9-1-1 charges it collected for the second preceding	1107
calendar month to the Ohio 9-1-1 coordinator, with the exception	1108
of charges equivalent to the amount authorized as a billing and	1109
collection fee under division (A)(2) of this section. In doing so,	1110
the provider or reseller may remit the requisite amount in any	1111
reasonable manner consistent with its existing operating or	1112
technological capabilities, such as by customer address, location	1113
associated with the wireless telephone number, or another	1114
allocation method based on comparable, relevant data. If the	1115
wireless service provider or reseller receives a partial payment	1116
for a bill from a wireless service subscriber, the wireless	1117
service provider or reseller shall apply the payment first against	1118
the amount the subscriber owes the wireless service provider or	1119
reseller and shall remit to the coordinator such lesser amount, if	1120
any, as results from that invoice.	1121

(2) A wireless service provider or reseller of wireless	1122
service may retain as a billing and collection fee two per cent of	1123
the total wireless 9-1-1 charges it collects in any month and	1124
shall account to the coordinator for the amount retained.	1125

(B) Each subscriber on which a wireless 9-1-1 charge is	1126
imposed under division (A) of section 4931.61 of the Revised Code	1127
is liable to the state for the amount of the charge. If a wireless	1128
service provider or reseller fails to collect the charge under	1129
that division from a subscriber of prepaid wireless service, or	1130
fails to bill any other subscriber for the charge, the wireless	1131
service provider or reseller is liable to the state for the amount	1132
not collected or billed. If a wireless service provider or	1133
reseller collects charges under that division and fails to remit	1134
the money to the coordinator, the wireless service provider or	1135
reseller is liable to the state for any amount collected and not	1136
remitted.	1137

(C)(1) If the public utilities commission has reason to	1138
believe that a wireless service provider or reseller has failed to	1139
bill, collect, or remit the wireless 9-1-1 charge as required by	1140
divisions (A)(1) and (B) of this section or has retained more than	1141
the amount authorized under division (A)(2) of this section, and	1142
after written notice to the provider or reseller, the commission	1143
may audit the provider or reseller for the sole purpose of making	1144
such a determination. The audit may be of a sample of the	1145
provider's or reseller's billings, collections, remittances, or	1146
retentions for a representative period, and the commission shall	1147
make a good faith effort to reach agreement with the provider or	1148
reseller in selecting that sample.	1149

(2) Upon written notice to the wireless service provider or	1150
reseller, the commission, by order after completion of the audit,	1151
may make an assessment against the provider or reseller if,	1152
pursuant to the audit, the commission determines that the provider	1153
or reseller has failed to bill, collect, or remit the wireless	1154
9-1-1 charge as required by divisions (A)(1) and (B) of this	1155
section or has retained more than the amount authorized under	1156
division (A)(2) of this section. The assessment shall be in the	1157
amount of any remittance that was due and unpaid on the date	1158
notice of the audit was sent by the commission to the provider or	1159
reseller or, as applicable, in the amount of the excess amount	1160
under division (A)(2) of this section retained by the provider or	1161
reseller as of that date.	1162

(3) The portion of any assessment not paid within sixty days	1163
after the date of service by the commission of the assessment	1164
notice under division (C)(2) of this section shall bear interest	1165
from that date until paid at the rate per annum prescribed by	1166
section 5703.47 of the Revised Code. That interest may be	1167
collected by making an assessment under division (C)(2) of this	1168
section. An assessment under this division and any interest due	1169
shall be remitted in the same manner as the wireless 9-1-1 charge.	1170

(4) An assessment is final and due and payable and shall be	1171
remitted to the commission unless the assessed party petitions for	1172
rehearing under section 4903.10 of the Revised Code. The	1173
proceedings of the commission specified in division (C)(4) of this	1174
section are subject to and governed by Chapter 4903. of the	1175
Revised Code, except that the court of appeals of Franklin county	1176
has exclusive, original jurisdiction to review, modify, or vacate	1177
an order of the commission under division (C)(2) of this section.	1178
The court shall hear and determine such appeal in the same manner	1179
and under the same standards as the Ohio supreme court hears and	1180
determines appeals under Chapter 4903. of the Revised Code.	1181

The judgment of the court of appeals is final and conclusive	1182
unless reversed, vacated, or modified on appeal. Such an appeal	1183
may be made by the commission or the person to whom the order	1184
under division (C)(2) of this section was issued and shall proceed	1185
as in the case of appeals in civil actions as provided in Chapter	1186
2505. of the Revised Code.	1187

(5) After an assessment becomes final, if any portion of the	1188
assessment remains unpaid, including accrued interest, a certified	1189
copy of the commission's entry making the assessment final may be	1190
filed in the office of the clerk of the court of common pleas in	1191
the county in which the place of business of the assessed party is	1192
located. If the party maintains no place of business in this	1193
state, the certified copy of the entry may be filed in the office	1194
of the clerk of the court of common pleas of Franklin county.	1195
Immediately upon the filing, the clerk shall enter a judgment for	1196
the state against the assessed party in the amount shown on the	1197
entry. The judgment may be filed by the clerk in a loose-leaf book	1198
entitled "special judgments for wireless 9-1-1 charges" and shall	1199
have the same effect as other judgments. The judgment shall be	1200
executed upon the request of the commission.	1201

(6) An assessment under this division does not discharge a	1202
subscriber's liability to reimburse the provider or reseller for	1203
the wireless 9-1-1 charge. If, after the date of service of the	1204
audit notice under division (C)(1) of this section, a subscriber	1205
pays a wireless 9-1-1 charge for the period covered by the	1206
assessment, the payment shall be credited against the assessment.	1207

(7) All money collected by the commission under this division	1208
shall be paid to the treasurer of state, for deposit to the credit	1209
of the wireless 9-1-1 government assistance fund.	1210

Sec. 4931.63.  (A) There is hereby created the wireless 9-1-1	1211
administrative fund in the state treasury. A sufficient	1212
percentage, determined by the chairperson of the public utilities	1213
commission but not to exceed four per cent through the first full	1214
fiscal year and two per cent thereafter, of the periodic	1215
remittances of the wireless 9-1-1 charge under section 4931.62 of	1216
the Revised Code shall be deposited to the credit of the fund, to	1217
be used by the commission to cover such nonpayroll costs and, at	1218
the discretion of the commission such payroll costs, of the	1219
commission as are incurred in assisting the coordinator in	1220
carrying out sections 4931.60 to 4931.70 of the Revised Code and	1221
in conducting audits under division (C) of section 4931.62 of the	1222
Revised Code. In addition, the compensation of the Ohio 9-1-1	1223
coordinator, and any expenses of the coordinator in carrying out	1224
those sections, shall be paid from the fund.	1225

(B) There is hereby created the wireless 9-1-1 government	1226
assistance fund, which shall be in the custody of the treasurer of	1227
state but shall not be part of the state treasury. The periodic	1228
remittances of the wireless 9-1-1 charge remaining after the	1229
deposit required by division (A) of this section shall be	1230
deposited to the credit of the wireless 9-1-1 government	1231
assistance fund. The treasurer of state shall deposit or invest	1232
the moneys in this fund in accordance with Chapter 135. of the	1233
Revised Code and any other provision of law governing public	1234
moneys of the state as defined in section 135.01 of the Revised	1235
Code. The treasurer of state shall credit the interest earned to	1236
the fund. The treasurer of state shall disburse money from the	1237
fund solely upon order of the coordinator as authorized under	1238
section 4931.64 of the Revised Code. Annually, until the fund is	1239
depleted, the treasurer of state shall certify to the coordinator	1240
the amount of moneys in the treasurer of state's custody belonging	1241
to the fund.	1242

Sec. 4931.64. (A) Prior to the first disbursement under this	1243
section and annually thereafter not later than the twenty-fifth	1244
day of January, until the wireless 9-1-1 government assistance	1245
fund is depleted, the Ohio 9-1-1 coordinator shall do both of the	1246
following for the purposes of division (B) of this section:	1247

(1) Determine, for a county that has adopted a final plan	1248
under sections 4931.40 to 4931.70 of the Revised Code for the	1249
provision of wireless enhanced 9-1-1 within the territory covered	1250
by the countywide 9-1-1 system established under the plan, the	1251
number of wireless telephone numbers assigned to wireless service	1252
subscribers that have billing addresses within the county. That	1253
number shall be adjusted between any two counties so that the	1254
number of wireless telephone numbers assigned to wireless service	1255
subscribers who have billing addresses within any portion of a	1256
municipal corporation that territorially lies primarily in one of	1257
the two counties but extends into the other county is added to the	1258
number already determined for that primary county and subtracted	1259
for the other county.	1260

(2) Determine each county's proportionate share of the	1261
wireless 9-1-1 government assistance fund for the ensuing calendar	1262
year on the basis set forth in division (B) of this section;	1263
estimate the ensuing calendar year's fund balance; compute each	1264
such county's estimated proceeds for the ensuing calendar year	1265
based on its proportionate share and the estimated fund balance;	1266
and certify such amount of proceeds to the county auditor of each	1267
such county.	1268

(B) The Ohio 9-1-1 coordinator, in accordance with this	1269
division and not later than the last day of each month, shall	1270
disburse the amount credited as remittances to the wireless 9-1-1	1271
government assistance fund during the second preceding month, plus	1272
any accrued interest on the fund. Such a disbursement shall be	1273
paid to each county treasurer. The amount to be so disbursed	1274
monthly to a particular county shall be a proportionate share of	1275
the wireless 9-1-1 government assistance fund balance based on the	1276
ratio between the following:	1277

(1) The number of wireless telephone numbers determined for	1278
the county by the coordinator pursuant to division (A) of this	1279
section;	1280

(2) The total number of wireless telephone numbers assigned	1281
to subscribers who have billing addresses within this state. To	1282
the extent that the fund balance permits, the disbursements to	1283
each county shall total at least twenty-five thousand dollars	1284
annually.	1285

(C)(1) Each county that has not adopted a final plan for the	1286
provision of wireless enhanced 9-1-1 under sections 4931.40 to	1287
4931.70 of the Revised Code shall be deemed as having done so for	1288
the purposes of making the determinations and disbursements under	1289
divisions (A)(1) and (2) and (B) of this section through the third	1290
full calendar year following the effective date of this section.	1291

(2) For each county described in division (C)(1) of this	1292
section and through the third full calendar year following the	1293
effective date of this section, the coordinator shall retain in	1294
the wireless 9-1-1 government assistance fund an amount equal to	1295
what would be the county's disbursements under division (B) of	1296
this section if it had adopted such a final plan, plus any related	1297
accrued interest, to be set aside for that county until the board	1298
of county commissioners notifies the coordinator that a final plan	1299
for the provision of wireless enhanced 9-1-1 has been adopted, but	1300
not beyond the end of such third year. Provided notification is	1301
made prior to the end of that third year, the coordinator shall	1302
disburse and pay to the county treasurer, not later than the last	1303
day of the month following the month the notification is made, the	1304
total amount so set aside for the county plus any related accrued	1305
interest. After the end of the third full calendar year following	1306
the effective date of this section, any money and interest so	1307
retained and not disbursed as authorized under this division shall	1308
be available for disbursement only as provided in division (B) of	1309
this section.	1310

(D) Immediately upon receipt by a county treasurer of a	1311
disbursement under division (B) or (C) of this section, the county	1312
shall disburse, in accordance with the allocation formula set	1313
forth in the final plan, the amount the county so received to any	1314
other subdivisions in the county that pay the costs of a public	1315
safety answering point providing wireless enhanced 9-1-1 under the	1316
plan.	1317

(E) Nothing in sections 4931.40 to 4931.70 of the Revised	1318
Code affects the authority of a subdivision operating or served by	1319
a public safety answering point of a 9-1-1 system to use, as	1320
provided in the final plan for the system or in an agreement under	1321
section 4931.48 of the Revised Code, any other authorized revenue	1322
of the subdivision for the purposes of providing basic or enhanced	1323
9-1-1.	1324

Sec. 4931.65.  (A) A countywide 9-1-1 system receiving a	1325
disbursement under section 4931.64 of the Revised Code shall	1326
provide countywide wireless enhanced 9-1-1 in accordance with	1327
sections 4931.40 to 4931.70 of the Revised Code beginning as soon	1328
as reasonably possible after receipt of the first disbursement or,	1329
if that service is already implemented, shall continue to provide	1330
such service. Except as provided in divisions (B) and (C) of this	1331
section, disbursement shall be used solely for the purpose of	1332
paying either or both of the following:	1333

(1) Any costs of designing, upgrading, purchasing, leasing,	1334
programming, installing, testing, or maintaining the necessary	1335
data, hardware, software, and trunking required for the public	1336
safety answering point or points of the 9-1-1 system to provide	1337
wireless enhanced 9-1-1, which costs are incurred before or on or	1338
after the effective date of this section and consist of such	1339
additional costs of the 9-1-1 system over and above any costs	1340
incurred to provide wireline 9-1-1. On or after the provision of	1341
technical and operational standards pursuant to division (D)(1) of	1342
section 4931.68 of the Revised Code, a subdivision shall consider	1343
the standards before incurring any costs described in this	1344
division.	1345

(2) Any costs of training the staff of the public safety	1346
answering point or points to provide wireless enhanced 9-1-1,	1347
which costs are incurred before or on or after the effective date	1348
of this section and consist of such additional costs of the 9-1-1	1349
system over and above any costs incurred to provide wireline	1350
9-1-1.	1351

(B) Beginning one year following the imposition of the	1352
wireless 9-1-1 charge under section 4931.61 of the Revised Code, a	1353
subdivision that certifies to the Ohio 9-1-1 coordinator that it	1354
has paid the costs described in divisions (A)(1) and (2) of this	1355
section and is providing countywide wireless enhanced 9-1-1 may	1356
use disbursements received under section 4931.64 of the Revised	1357
Code to pay any of its personnel costs of one or more public	1358
safety answering points providing countywide wireless enhanced	1359
9-1-1.	1360

(C) After receiving its April 2009, disbursement under	1361
section 4931.64 of the Revised Code, a subdivision may use any	1362
remaining balance of disbursements it received under that section	1363
to pay any of its costs of providing countywide wireless 9-1-1,	1364
including the personnel costs of one or more public safety	1365
answering points providing that service.	1366

(D) The costs described in divisions (A), (B), and (C) of	1367
this section may include any such costs payable pursuant to an	1368
agreement under division (J) of section 4931.41 of the Revised	1369
Code.	1370

Sec. 4931.66.  (A)(1) A wireless service provider, the state	1371
highway patrol as described in division (J) of section 4931.41 of	1372
the Revised Code, and each subdivision operating one or more	1373
public safety answering points for a countywide system providing	1374
wireless 9-1-1, shall provide the Ohio 9-1-1 coordinator with such	1375
information as the coordinator requests for the purposes of	1376
carrying out the coordinator's duties under sections 4931.60 to	1377
4931.70 of the Revised Code, including, but not limited to, duties	1378
regarding the collection of the wireless 9-1-1 charge and	1379
regarding the provision of a report or recommendation under	1380
section 4931.70 of the Revised Code.	1381

(2) A wireless service provider shall provide an official,	1382
employee, agent, or representative of a subdivision operating a	1383
public safety answering point, or of the state highway patrol as	1384
described in division (J) of section 4931.41 of the Revised Code,	1385
with such technical, service, and location information as the	1386
official, employee, agent, or representative requests for the	1387
purpose of providing wireless 9-1-1.	1388

(3) A subdivision operating one or more public safety	1389
answering points of a 9-1-1 system, and a telephone company, shall	1390
provide to the Ohio 9-1-1 council such information as the council	1391
requires for the purpose of making any recommendation or report	1392
pursuant to division (D)(2) of section 4931.68 of the Revised	1393
Code.	1394

(B)(1) Any information provided under division (A) of this	1395
section that consists of trade secrets as defined in section	1396
1333.61 of the Revised Code or of information regarding the	1397
customers, revenues, expenses, or network information of a	1398
telephone company shall be confidential and does not constitute a	1399
public record for the purpose of section 149.43 of the Revised	1400
Code.	1401

(2) The public utilities commission, the Ohio 9-1-1	1402
coordinator, and any official, employee, agent, or representative	1403
of the commission, of the state highway patrol as described in	1404
division (J) of section 4931.41 of the Revised Code, or of a	1405
subdivision operating a public safety answering point, while	1406
acting or claiming to act in the capacity of the commission or	1407
coordinator or such official, employee, agent, or representative,	1408
shall not disclose any information provided under division (A) of	1409
this section regarding a telephone company's customers, revenues,	1410
expenses, or network information. Nothing in division (B)(2) of	1411
this section precludes any such information from being aggregated	1412
and included in any report required under section 4931.70 or	1413
division (D)(2) of section 4931.69 of the Revised Code, provided	1414
the aggregated information does not identify the number of any	1415
particular company's customers or the amount of its revenues or	1416
expenses or identify a particular company as to any network	1417
information.	1418

Sec. 4931.67.  The public utilities commission, after	1419
consultation with the Ohio 9-1-1 coordinator, shall adopt rules in	1420
accordance with Chapter 119. of the Revised Code to carry out	1421
sections 4931.60 to 4931.70 of the Revised Code, including rules	1422
prescribing the necessary accounting for a wireless service	1423
provider's or reseller's billing and collection fee under division	1424
(A)(2) of section 4931.62 of the Revised Code and rules	1425
establishing a fair and reasonable process for recommending the	1426
amount of the wireless 9-1-1 charge as authorized under division	1427
(B) of section 4931.70 of the Revised Code. The amount of the	1428
wireless 9-1-1 charge shall be prescribed only by act of the	1429
general assembly.	1430

Sec. 4931.68.  (A) There is hereby created the Ohio 9-1-1	1431
council, consisting of eleven members as follows: the Ohio 9-1-1	1432
coordinator; a designee of the department of public safety,	1433
selected by the director of public safety; and nine members	1434
appointed by the governor. In appointing the nine members, the	1435
governor shall select one representative of public safety	1436
communications officials in this state, one representative of	1437
administrators of 9-1-1 service in this state, one representative	1438
of countywide 9-1-1 systems in this state, three representatives	1439
of wireline service providers in this state, and three	1440
representatives of wireless service providers in this state. For	1441
each such appointment, the governor shall consider a nominee	1442
proposed, respectively, by the Ohio chapter of the association of	1443
public-safety communications officials, the Ohio chapter of the	1444
national emergency number association, the county commissioners	1445
association of Ohio; and nominees proposed, respectively, by the	1446
Ohio telecom association and the wireless operators of Ohio; or	1447
any successor organization of each such entity.	1448

Initial appointments shall be made not later than thirty days	1449
after the effective date of this section. Nothing in this section	1450
shall prevent the governor from rejecting any of the nominees or	1451
requesting that a nominating entity under this division submit the	1452
names of alternative nominees for consideration.	1453

(B) The term of the initial appointee to the council	1454
representing public safety communications officials and the terms	1455
of one of the initial appointees representing wireline service	1456
providers and one representing wireless service providers shall	1457
expire on January 31, 2007. The term of the initial appointee to	1458
the council representing administrators of 9-1-1 service and the	1459
terms of another one of the initial appointees representing	1460
wireline service providers and another representing wireless	1461
service providers shall expire on January 31, 2008. The term of	1462
the initial appointee to the council representing countywide 9-1-1	1463
systems and the terms of another one of the initial appointees	1464
representing wireline service providers and another representing	1465
wireless service providers shall expire on January 31, 2009.	1466
Thereafter, terms of appointed members shall be for three years,	1467
with each term ending on the same day of the same month as the	1468
term it succeeds.	1469

Each council member shall hold office from the date of the	1470
member's appointment until the end of the term for which the	1471
member was appointed. Members may be reappointed.	1472

Vacancies shall be filled in the manner provided for original	1473
appointments. Any member appointed to fill a vacancy occurring	1474
prior to the expiration date of the term for which the member's	1475
predecessor was appointed shall hold office as a member for the	1476
remainder of that term. A member shall continue in office after	1477
the expiration date of the member's term until the member's	1478
successor takes office or until a period of sixty days has	1479
elapsed, whichever occurs first.	1480

Appointed members shall serve without compensation and shall	1481
not be reimbursed for expenses.	1482

(C) The council shall select a chairperson from among the	1483
appointed members. Each member shall have one vote in all	1484
deliberations of the council, except that the Ohio 9-1-1	1485
coordinator shall not be eligible to vote on a matter described in	1486
division (D)(3) of this section. A majority of the voting members	1487
constitutes a quorum.	1488

(D) The duties of the council shall consist of all of the	1489
following:	1490

(1) Arbitrating or establishing relative to 9-1-1 systems in	1491
this state nondiscriminatory, competitively neutral, and uniform	1492
technical and operational standards consistent with recognized	1493
industry standards and federal law. This authority does not	1494
include authority to prescribe the technology that a telephone	1495
company or reseller uses to deliver 9-1-1 calls.	1496

(2) Including for the purpose of the Ohio 9-1-1 coordinator	1497
reporting to the general assembly, conducting research and making	1498
recommendations or reports regarding any wireline and wireless	1499
9-1-1 issues, any improvements in the provision of service by	1500
9-1-1 systems in this state, or any legislation or policies	1501
concerning such systems;	1502

(3) Regarding the position of Ohio 9-1-1 coordinator,	1503
submitting names of nominees and recommended duties as authorized	1504
under section 4931.60 of the Revised Code and, at least	1505
biennially, conducting and submitting with recommendations to the	1506
public utilities commission a performance evaluation of the	1507
coordinator.	1508

(E) The council is not an agency, as defined in section	1509
101.82 of the Revised Code, for purposes of sections 101.82 to	1510
101.87 of the Revised Code.	1511

Sec. 4931.69.  (A) There is hereby created the wireless 9-1-1	1512
advisory board, consisting of the Ohio 9-1-1 council appointee	1513
that represents public safety communications officials and five	1514
members appointed by the governor as follows: one of the council	1515
appointees that represents wireless service providers in this	1516
state, whose council term expires after the council term of the	1517
council appointee representing public safety communications	1518
officials, one noncouncil representative of wireless service	1519
providers in this state, one noncouncil representative of public	1520
safety communications officials in this state, and two noncouncil	1521
representatives of municipal and county governments in this state.	1522

(B) The terms of the advisory board members who are also	1523
council members shall be concurrent with their terms as members of	1524
the council, as prescribed under division (B) of section 4931.68	1525
of the Revised Code. The terms of the initial noncouncil appointee	1526
to the advisory board who represents wireless service providers	1527
and of one of the initial noncouncil appointees who represents	1528
municipal and county government shall expire on January 31, 2009.	1529
The terms of the initial noncouncil appointee to the advisory	1530
board representing public safety communications officials and of	1531
the other initial noncouncil appointee representing municipal and	1532
county government shall expire on January 31, 2010. Thereafter,	1533
terms of the noncouncil appointees shall be for three years, with	1534
each term ending on the same day of the same month as the term it	1535
succeeds. The conditions of holding office, manner of filling	1536
vacancies, and other matters concerning service by any member of	1537
the advisory board shall be the same as set forth for council	1538
members under division (B) of section 4931.68 of the Revised Code.	1539

(C) The Ohio 9-1-1 coordinator shall appoint the chairperson	1540
of the advisory board. Each member of the board shall be a voting	1541
member and shall have one vote in all deliberations of the board.	1542
A majority of the members constitutes a quorum.	1543

(D)(1) The advisory board shall make a recommendation to the	1544
coordinator regarding the amount of the wireless 9-1-1 charge to	1545
be included in the report required by division (B) of section	1546
4931.70 of the Revised Code and shall consult with the coordinator	1547
regarding that report.	1548

(2) The advisory board shall make recommendations to and	1549
consult with the public utilities commission and the coordinator	1550
regarding any rules to be adopted under section 4931.67 of the	1551
Revised Code.	1552

(E) The advisory board is not an agency, as defined in	1553
section 101.82 of the Revised Code, for purposes of sections	1554
101.82 to 101.87 of the Revised Code.	1555

Sec. 4931.70. On the first day of November preceding the	1556
2007-2009 budget biennium, the Ohio 9-1-1 coordinator shall submit	1557
a report to the general assembly, in accordance with section	1558
101.68 of the Revised Code, that contains both of the following:	1559

(A) A review of the implementation and provision of wireless	1560
enhanced 9-1-1 in this state and a description of how moneys	1561
disbursements from the wireless government assistance fund have	1562
been used. In preparing the report, the coordinator shall consult	1563
with the wireless 9-1-1 advisory board.	1564

(B) The coordinator's recommendation for the coming budget	1565
biennium of any change in the amount of the wireless 9-1-1 charge	1566
and the basis for that recommendation. The recommendation shall	1567
reflect the minimum amount necessary during the coming budget	1568
biennium, given any balance in the wireless 9-1-1 government	1569
assistance fund to be carried over to that biennium and the	1570
projected revenue from the charge, to fully cover the costs	1571
described in division (A) of section 4931.65 of the Revised Code	1572
as projected for that biennium. The amount also shall reflect the	1573
minimum amount necessary for the wireless 9-1-1 charge to cover	1574
the costs described in division (A) of section 4931.63 of the	1575
Revised Code as projected for the biennium, given the wireless	1576
9-1-1 administrative fund balance to be carried over. In making a	1577
recommendation under this division, the coordinator shall consider	1578
any recommendation of the wireless 9-1-1 advisory board.	1579

Sec. 4931.55.        Sec. 4931.75.  (A) As used in this section:

1580

(1) "Advertisement" means a message or material intended to	1581
cause the sale of realty, goods, or services.	1582

(2) "Facsimile device" means a device that electronically or	1583
telephonically receives and copies onto paper reasonable	1584
reproductions or facsimiles of documents and photographs through	1585
connection with a telephone network.	1586

(3) "Pre-existing business relationship" does not include	1587
transmitting an advertisement to the owner's or lessee's facsimile	1588
device.	1589

(B)(1) No person shall transmit an advertisement to a	1590
facsimile device unless the person has received prior permission	1591
from the owner or, if the device is leased, from the lessee of the	1592
device to which the message is to be sent to transmit the	1593
advertisement; or the person has a pre-existing business	1594
relationship with such owner or lessee. Division (B)(1) of this	1595
section does not apply to a person who transmits an advertisement	1596
to a facsimile device located on residential premises.	1597

(2) No person shall transmit an advertisement to a facsimile	1598
device located on residential premises unless the person has	1599
received prior written permission from the owner or, if the device	1600
is leased, from the lessee of the device to which the message is	1601
to be sent to transmit the advertisement. In addition to any other	1602
penalties or remedies, a recipient of an advertisement transmitted	1603
in violation of division (B)(2) of this section may bring a civil	1604
action against the person who transmitted that advertisement or	1605
caused it to be transmitted. In that action, the recipient may	1606
recover one thousand dollars for each violation.	1607

(C) When requested by the owner or lessee, the transmission	1608
shall occur between seven p.m. and five a.m.	1609

This section applies to all such advertisements intended to	1610
be so transmitted within this state.	1611

Sec. 4931.99.  (A) Whoever violates division (D) of section	1612
4931.49 of the Revised Code is guilty of a misdemeanor of the	1613
fourth degree.	1614

(B) Whoever violates section 4931.25, 4931.26, 4931.27,	1615
4931.30, or 4931.31 of the Revised Code is guilty of a misdemeanor	1616
of the third degree.	1617

(C) Whoever violates section 4931.28 of the Revised Code is	1618
guilty of a felony of the fourth degree.	1619

(D) Whoever violates section 4931.29 or division (B) of	1620
section 4931.35 of the Revised Code is guilty of a misdemeanor in	1621
the first degree.	1622

(E) Whoever violates division (E) or (F) of section 4931.49	1623
or division (B)(2) of section 4931.66 of the Revised Code is	1624
guilty of a misdemeanor of the fourth degree on a first offense	1625
and a felony of the fifth degree on each subsequent offense.	1626

(F) Whoever violates section 4931.554931.75 of the Revised	1627
Code is guilty of a minor misdemeanor for a first offense and a	1628
misdemeanor of the first degree on each subsequent offense.	1629

Sec. 5733.55.  (A) As used in this section:

1630

(1) "9-1-1 system" has the same meaning as in section 4931.40	1631
of the Revised Code.	1632

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	1633
approved by the public utilities commission for the telephone	1634
network portion of a 9-1-1 system pursuant to section 4931.47 of	1635
the Revised Code.	1636

(3) "Eligible nonrecurring 9-1-1 charges" means all	1637
nonrecurring 9-1-1 charges for a 9-1-1 system, except both of the	1638
following:	1639

(a) Charges for a system that was not established pursuant to	1640
a plan adopted under section 4931.44 of the Revised Code or an	1641
agreement under section 4931.48 of the Revised Code;	1642

(b) Charges for that part of a system established pursuant to	1643
such a plan or agreement that are excluded from the credit by	1644
division (C)(2) of section 4931.47 of the Revised Code.	1645

(4) "Telephone company" has the same meaning as in section	1646
5727.01 of the Revised Code.	1647

(B) Beginning in tax year 2005, a telephone company shall be	1648
allowed a nonrefundable credit against the tax imposed by section	1649
5733.06 of the Revised Code equal to the amount of its eligible	1650
nonrecurring 9-1-1 charges. The credit shall be claimed for the	1651
company's taxable year that covers the period in which the 9-1-1	1652
service for which the credit is claimed becomes available for use.	1653
The credit shall be claimed in the order required by section	1654
5733.98 of the Revised Code. If the credit exceeds the total taxes	1655
due under section 5733.06 of the Revised Code for the tax year,	1656
the tax commissioner shall credit the excess against taxes due	1657
under that section for succeeding tax years until the full amount	1658
of the credit is granted.	1659

(C) After the last day a return, with any extensions, may be	1660
filed by any telephone company that is eligible to claim a credit	1661
under this section, the commissioner shall determine whether the	1662
sum of the credits allowed for prior tax years commencing with tax	1663
year 2005 plus the sum of the credits claimed for the current tax	1664
year exceeds fifteen million dollars. If it does, the credits	1665
allowed under this section for the current tax year shall be	1666
reduced by a uniform percentage such that the sum of the credits	1667
allowed for the current tax year do not exceed fifteen million	1668
dollars claimed by all telephone companies for all tax years.	1669
Thereafter, no credit shall be granted under this section, except	1670
for the remaining portions of any credits allowed under division	1671
(B) of this section.	1672

(D) A telephone company that is entitled to carry forward a	1673
credit against its public utility excise tax liability under	1674
section 5727.39 of the Revised Code is entitled to carry forward	1675
any amount of that credit remaining after its last public utility	1676
excise tax payment for the period of July 1, 2003, through June	1677
30, 2004, and claim that amount as a credit against its	1678
corporation franchise tax liability under this section. Nothing in	1679
this section authorizes a telephone company to claim a credit	1680
under this section for any eligible nonrecurring 9-1-1 charges for	1681
which it has already claimed a credit under this section or	1682
section 5727.39 of the Revised Code.	1683

Section 2.  That existing sections 2307.64, 2913.01, 4931.40,	1684
4931.41, 4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48,	1685
4931.49, 4931.50, 4931.55, 4931.99, and 5733.55 of the Revised	1686
Code are hereby repealed.	1687

Section 3. This act is subject to the referendum and,	1688
therefore, under Ohio Constitution, Article II, Section 1c takes	1689
effect on the ninety-first day after it is filed with the	1690
Secretary of State. If, however, a referendum petition is filed,	1691
this act unless rejected at the referendum, takes effect at the	1692
earliest time permitted by law.	1693