Section 1. That sections 125.183, 167.03, 2307.64, 2913.01, | 31 |
3745.13, 4742.01, 4905.30, 4927.03, 4927.15, 4931.40, 4931.41, | 32 |
4931.42, 4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48, | 33 |
4931.49, 4931.50, 4931.51, 4931.52, 4931.53, 4931.54, 4931.60, | 34 |
4931.61, 4931.62, 4931.63, 4931.64, 4931.65, 4931.651, 4931.66, | 35 |
4931.67, 4931.68, 4931.69, 4931.99, 5705.19, and 5733.55 be | 36 |
amended; sections 125.183 (5507.02), 4931.40 (5507.01), 4931.41 | 37 |
(5507.03), 4931.42 (5507.06), 4931.43 (5507.07), 4931.44 | 38 |
(5507.08), 4931.45 (5507.12), 4931.46 (5507.15), 4931.47 | 39 |
(5507.18), 4931.48 (5507.09), 4931.49 (5507.32), 4931.50 | 40 |
(5507.34), 4931.51 (5507.22), 4931.52 (5507.25), 4931.53 | 41 |
(5507.26), 4931.54 (5507.27), 4931.60 (5507.40), 4931.61 | 42 |
(5507.42), 4931.62 (5507.46), 4931.63 (5507.53), 4931.64 | 43 |
(5507.55), 4931.65 (5507.57), 4931.651 (5507.571), 4931.66 | 44 |
(5507.60), 4931.67 (5507.63), 4931.68 (5507.65), 4931.69 | 45 |
(5507.66), 4931.75 (4931.10), and 4931.99 (5507.99) be amended for | 46 |
the purpose of adopting new section numbers as indicated in | 47 |
parentheses; that new section 4931.99 and sections 5507.021, | 48 |
5507.022, 5507.44, 5507.51, and 5507.52 of the Revised Code be | 49 |
enacted to read as follows: | 50 |
(3) "Electronic mail" means an electronic message that is | 102 |
transmitted between two or more telecommunications devices or | 103 |
electronic devices capable of receiving electronic messages, | 104 |
whether or not the message is converted to hard copy format after | 105 |
receipt, and whether or not the message is viewed upon the | 106 |
transmission or stored for later retrieval. "Electronic mail" | 107 |
includes electronic messages that are transmitted through a local, | 108 |
regional, or global computer network. | 109 |
(8) "Pre-existing business relationship" means that there was | 126 |
a business transaction between the initiator and the recipient of | 127 |
a commercial electronic mail message during the five-year period | 128 |
preceding the receipt of that message. A pre-existing business | 129 |
relationship includes a transaction involving the free provision | 130 |
of information, goods, or services requested by the recipient. A | 131 |
pre-existing business relationship does not exist after a | 132 |
recipient requests to be removed from the distribution lists of an | 133 |
initiator pursuant to division (B) of this section and a | 134 |
reasonable amount of time has expired since that request. | 135 |
(C) No person shall use a computer, a computer network, or | 187 |
the computer services of an electronic mail service provider to | 188 |
transmit an electronic mail advertisement in contravention of the | 189 |
authority granted by, or in violation of the policies related to | 190 |
electronic mail advertisements set by, the electronic mail service | 191 |
provider if the electronic mail service provider has provided the | 192 |
person notice of those policies. For the purposes of this | 193 |
division, notice of those policies shall be deemed sufficient if | 194 |
an electronic mail service provider maintains an easily accessible | 195 |
web page containing its policies regarding electronic mail | 196 |
advertisements and can demonstrate that notice was supplied via | 197 |
electronic means between the sending and receiving computers. | 198 |
(G) In addition to any recovery that is allowed under | 232 |
divisionsdivision (E) or (F) of this section, the recipient of an | 233 |
electronic mail advertisement transmitted in violation of division | 234 |
(B) of this section or the electronic mail service provider of an | 235 |
advertisement transmitted in violation of division (C) of this | 236 |
section may apply to the court of common pleas of the county in | 237 |
which the recipient resides or the service provider is located for | 238 |
an order enjoining the person who transmitted or caused to be | 239 |
transmitted that electronic mail advertisement from transmitting | 240 |
or causing to be transmitted to the recipient any additional | 241 |
electronic mail advertisement. | 242 |
(H) No person shall use a computer, a computer network, a | 243 |
computer program, or the computer services of an electronic mail | 244 |
service provider with the intent to forge an originating address | 245 |
or other routing information, in any manner, in connection with | 246 |
the transmission of an electronic mail advertisement through or | 247 |
into the network of an electronic mail service provider or its | 248 |
subscribers. Each use of a computer, a computer network, a | 249 |
computer program, or the computer services of an electronic mail | 250 |
service provider in violation of this division constitutes a | 251 |
separate offense. A person who violates this division is guilty of | 252 |
forgery under section 2913.31 of the Revised Code. | 253 |
(A) "Deception" means knowingly deceiving another or causing | 256 |
another to be deceived by any false or misleading representation, | 257 |
by withholding information, by preventing another from acquiring | 258 |
information, or by any other conduct, act, or omission that | 259 |
creates, confirms, or perpetuates a false impression in another, | 260 |
including a false impression as to law, value, state of mind, or | 261 |
other objective or subjective fact. | 262 |
(E) "Services" include labor, personal services, professional | 282 |
services, rental services, public utility services including | 283 |
wireless service as defined in division (F)(1) of section 4931.40 | 284 |
5507.01 of the Revised Code, common carrier services, and food, | 285 |
drink, transportation, entertainment, and cable television | 286 |
services and, for purposes of section 2913.04 of the Revised Code, | 287 |
include cable services as defined in that section. | 288 |
(F) "Writing" means any computer software, document, letter, | 289 |
memorandum, note, paper, plate, data, film, or other thing having | 290 |
in or upon it any written, typewritten, or printed matter, and any | 291 |
token, stamp, seal, credit card, badge, trademark, label, or other | 292 |
symbol of value, right, privilege, license, or identification. | 293 |
(1) A violation of section 2911.01, 2911.02, 2911.11, | 312 |
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 313 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 314 |
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 315 |
2913.47, 2913.48, former section 2913.47 or 2913.48, section | 316 |
2913.51, 2915.05, or 2921.41, or division (B)(2) of section | 317 |
4737.04 of the Revised Code; | 318 |
(M) "Computer" means an electronic device that performs | 336 |
logical, arithmetic, and memory functions by the manipulation of | 337 |
electronic or magnetic impulses. "Computer" includes, but is not | 338 |
limited to, all input, output, processing, storage, computer | 339 |
program, or communication facilities that are connected, or | 340 |
related, in a computer system or network to an electronic device | 341 |
of that nature. | 342 |
(U) "Credit card" includes, but is not limited to, a card, | 376 |
code, device, or other means of access to a customer's account for | 377 |
the purpose of obtaining money, property, labor, or services on | 378 |
credit, or for initiating an electronic fund transfer at a | 379 |
point-of-sale terminal, an automated teller machine, or a cash | 380 |
dispensing machine. It also includes a county procurement card | 381 |
issued under section 301.29 of the Revised Code. | 382 |
(X) "Telecommunication" means the origination, emission, | 392 |
dissemination, transmission, or reception of data, images, | 393 |
signals, sounds, or other intelligence or equivalence of | 394 |
intelligence of any nature over any communications system by any | 395 |
method, including, but not limited to, a fiber optic, electronic, | 396 |
magnetic, optical, digital, or analog method. | 397 |
(Y) "Telecommunications device" means any instrument, | 398 |
equipment, machine, or other device that facilitates | 399 |
telecommunication, including, but not limited to, a computer, | 400 |
computer network, computer chip, computer circuit, scanner, | 401 |
telephone, cellular telephone, pager, personal communications | 402 |
device, transponder, receiver, radio, modem, or device that | 403 |
enables the use of a modem. | 404 |
(AA) "Counterfeit telecommunications device" means a | 409 |
telecommunications device that, alone or with another | 410 |
telecommunications device, has been altered, constructed, | 411 |
manufactured, or programmed to acquire, intercept, receive, or | 412 |
otherwise facilitate the use of a telecommunications service or | 413 |
information service without the authority or consent of the | 414 |
provider of the telecommunications service or information service. | 415 |
"Counterfeit telecommunications device" includes, but is not | 416 |
limited to, a clone telephone, clone microchip, tumbler telephone, | 417 |
or tumbler microchip; a wireless scanning device capable of | 418 |
acquiring, intercepting, receiving, or otherwise facilitating the | 419 |
use of telecommunications service or information service without | 420 |
immediate detection; or a device, equipment, hardware, or software | 421 |
designed for, or capable of, altering or changing the electronic | 422 |
serial number in a wireless telephone. | 423 |
(BB)(1) "Information service" means, subject to division | 424 |
(BB)(2) of this section, the offering of a capability for | 425 |
generating, acquiring, storing, transforming, processing, | 426 |
retrieving, utilizing, or making available information via | 427 |
telecommunications, including, but not limited to, electronic | 428 |
publishing. | 429 |
(DD) "Disabled adult" means a person who is eighteen years of | 436 |
age or older and has some impairment of body or mind that makes | 437 |
the person unable to work at any substantially remunerative | 438 |
employment that the person otherwise would be able to perform and | 439 |
that will, with reasonable probability, continue for a period of | 440 |
at least twelve months without any present indication of recovery | 441 |
from the impairment, or who is eighteen years of age or older and | 442 |
has been certified as permanently and totally disabled by an | 443 |
agency of this state or the United States that has the function of | 444 |
so classifying persons. | 445 |
(b) Misusing computer or network services including, but not | 459 |
limited to, mail transfer programs, file transfer programs, proxy | 460 |
servers, and web servers by performing functions not authorized by | 461 |
the owner of the computer, computer system, or computer network or | 462 |
other person authorized to give consent. As used in this division, | 463 |
"misuse of computer and network services" includes, but is not | 464 |
limited to, the unauthorized use of any of the following: | 465 |
(c)(i) Subject to division (II)(1)(c)(ii) of this section, | 472 |
using a group of computer programs commonly known as "port | 473 |
scanners" or "probes" to intentionally access any computer, | 474 |
computer system, or computer network without the permission of the | 475 |
owner of the computer, computer system, or computer network or | 476 |
other person authorized to give consent. The group of computer | 477 |
programs referred to in this division includes, but is not limited | 478 |
to, those computer programs that use a computer network to access | 479 |
a computer, computer system, or another computer network to | 480 |
determine any of the following: the presence or types of computers | 481 |
or computer systems on a network; the computer network's | 482 |
facilities and capabilities; the availability of computer or | 483 |
network services; the presence or versions of computer software | 484 |
including, but not limited to, operating systems, computer | 485 |
services, or computer contaminants; the presence of a known | 486 |
computer software deficiency that can be used to gain unauthorized | 487 |
access to a computer, computer system, or computer network; or any | 488 |
other information about a computer, computer system, or computer | 489 |
network not necessary for the normal and lawful operation of the | 490 |
computer initiating the access. | 491 |
(ii) The group of computer programs referred to in division | 492 |
(II)(1)(c)(i) of this section does not include standard computer | 493 |
software used for the normal operation, administration, | 494 |
management, and test of a computer, computer system, or computer | 495 |
network including, but not limited to, domain name services, mail | 496 |
transfer services, and other operating system services, computer | 497 |
programs commonly called "ping," "tcpdump," and "traceroute" and | 498 |
other network monitoring and management computer software, and | 499 |
computer programs commonly known as "nslookup" and "whois" and | 500 |
other systems administration computer software. | 501 |
Sec. 3745.13. (A) When emergency action is required to | 523 |
protect the public health or safety or the environment, any person | 524 |
responsible for causing or allowing an unauthorized spill, | 525 |
release, or discharge of material into or upon the environment or | 526 |
responsible for the operation of an illegal methamphetamine | 527 |
manufacturing laboratory that has caused contamination of the | 528 |
environment is liable to the municipal corporation, county, | 529 |
township, countywide emergency management agency established under | 530 |
section 5502.26 of the Revised Code, regional authority for | 531 |
emergency management established under section 5507.275502.27 of | 532 |
the Revised Code, or emergency management program established by a | 533 |
political subdivision under section 5502.271 of the Revised Code, | 534 |
having territorial jurisdiction, or responsibility for emergency | 535 |
management activities in the location of the spill, release, | 536 |
discharge, or contamination, for the necessary and reasonable, | 537 |
additional or extraordinary costs it incurs in investigating, | 538 |
mitigating, minimizing, removing, or abating the spill, release, | 539 |
discharge, or contamination, in the course of its emergency | 540 |
action, but, to the extent criteria and methods for response | 541 |
actions prescribed under 40 C.F.R. 300, as amended, may be applied | 542 |
to the type of material involved and the conditions of the spill, | 543 |
release, discharge, or contamination, that person is liable for | 544 |
those costs only if the political subdivision, countywide agency, | 545 |
or regional authority employed those criteria and methods in its | 546 |
emergency action. | 547 |
The officers of the municipal corporation, county, township, | 548 |
countywide emergency management agency, or regional authority for | 549 |
emergency management performing the emergency action shall keep a | 550 |
detailed record of its costs for investigating, mitigating, | 551 |
minimizing, removing, or abating the unauthorized spill, release, | 552 |
discharge, or contamination; promptly after the completion of | 553 |
those measures, shall certify those costs to the city director of | 554 |
law or village solicitor, as appropriate, of the municipal | 555 |
corporation, the prosecuting attorney of the county in the case of | 556 |
a county, township, or countywide emergency management agency, or | 557 |
the legal counsel retained thereby in the case of a regional | 558 |
authority for emergency management; and may request that the legal | 559 |
officer or counsel bring a civil action for recovery of costs | 560 |
against the person responsible for the unauthorized spill, | 561 |
release, or discharge or responsible for the operation of the | 562 |
illegal methamphetamine manufacturing laboratory that caused | 563 |
contamination of the environment. If the officers request that the | 564 |
legal officer or counsel bring such a civil action regarding | 565 |
emergency action taken in relation to the operation of an illegal | 566 |
methamphetamine manufacturing laboratory that has caused | 567 |
contamination of the environment, the legal officer or counsel | 568 |
also may pursue a forfeiture proceeding against the responsible | 569 |
person under Chapter 2981. of the Revised Code, or in any other | 570 |
manner authorized by law. | 571 |
The legal officer or counsel shall submit a written, itemized | 572 |
claim for the total certified costs incurred by the municipal | 573 |
corporation, county, township, countywide agency, or regional | 574 |
authority for the emergency action to the responsible party and a | 575 |
written demand that those costs be paid to the political | 576 |
subdivision, countywide agency, or regional authority. Not less | 577 |
than thirty days before bringing a civil action for recovery of | 578 |
those costs, the legal officer or counsel shall mail written | 579 |
notice to the responsible party informing the responsible party | 580 |
that, unless the total certified costs are paid to the political | 581 |
subdivision, countywide agency, or regional authority within | 582 |
thirty days after the date of mailing of the notice, the legal | 583 |
officer or counsel will bring a civil action for that amount. | 584 |
Except for emergency action taken in relation to the operation of | 585 |
an illegal methamphetamine manufacturing laboratory that has | 586 |
caused contamination of the environment, in making a determination | 587 |
of an award for reimbursement, the responsible party's status as a | 588 |
taxpayer to the governmental entity shall be taken into | 589 |
consideration. Nothing in this section prevents a political | 590 |
subdivision, countywide emergency management agency, or regional | 591 |
authority for emergency management from entering into a settlement | 592 |
of a claim against a responsible party that compromises the amount | 593 |
of the claim. Moneys recovered as described in this section shall | 594 |
be credited to the appropriate funds of the political subdivision, | 595 |
countywide agency, or regional authority from which moneys were | 596 |
expended in performing the emergency action. | 597 |
Sec. 4905.30. (A) A public utility shall print and file with | 616 |
the public utilities commission schedules showing all rates, joint | 617 |
rates, rentals, tolls, classifications, and charges for service of | 618 |
every kind furnished by it, and all rules and regulations | 619 |
affecting them. The schedules shall be plainly printed and kept | 620 |
open to public inspection. The commission may prescribe the form | 621 |
of every such schedule, and may prescribe, by order, changes in | 622 |
the form of such schedules. The commission may establish and | 623 |
modify rules and regulations for keeping such schedules open to | 624 |
public inspection. A copy of the schedules, or so much thereof as | 625 |
the commission deems necessary for the use and information of the | 626 |
public, shall be printed in plain type and kept on file or posted | 627 |
in such places and in such manner as the commission orders. | 628 |
(B) Division (A) of this section applies to a telephone | 629 |
company only regarding rates, joint rates, tolls, classifications, | 630 |
charges, rules, and regulations established pursuant to sections | 631 |
4905.71, 4927.12, 4927.13, 4927.14, 4927.15, and 4927.18, and | 632 |
4931.47 of the Revised Code. | 633 |
Sec. 4927.03. (A) Except as provided in divisions (A) and (B) | 634 |
of section 4927.04 of the Revised Code and except to the extent | 635 |
required to exercise authority under federal law, the public | 636 |
utilities commission has no authority over any interconnected | 637 |
voice over internet protocol-enabled service or any | 638 |
telecommunications service that is not commercially available on | 639 |
the effective date of this sectionSeptember 13, 2010, and that | 640 |
employs technology that became available for commercial use only | 641 |
after the effective date of this sectionSeptember 13, 2010, | 642 |
unless the commission, upon a finding that the exercise of the | 643 |
commission's authority is necessary for the protection, welfare, | 644 |
and safety of the public, adopts rules specifying the necessary | 645 |
regulation. A consumer purchase of a service that is not | 646 |
commercially available on the effective date of this section | 647 |
September 13, 2010, and that employs technology that became | 648 |
available for commercial use only after the effective date of this | 649 |
sectionSeptember 13, 2010, shall constitute a consumer | 650 |
transaction for purposes of sections 1345.01 to 1345.13 of the | 651 |
Revised Code, notwithstanding any provision of those sections to | 652 |
the contrary, unless the commission exercises jurisdiction over | 653 |
the service in accordance with this division. Notwithstanding any | 654 |
contrary provision of Chapter 4911. of the Revised Code, to the | 655 |
extent that the commission adopts rules under division (A) of this | 656 |
section regarding any interconnected voice over internet protocol | 657 |
enabled service provided to residential customers or regarding any | 658 |
telecommunications service that is provided to residential | 659 |
customers, that is not commercially available on the effective | 660 |
date of this sectionSeptember 13, 2010, and that employs | 661 |
technology that became available for commercial use only after the | 662 |
effective date of this sectionSeptember 13, 2010, the office of | 663 |
the consumers' counsel shall have authority to assist and | 664 |
represent residential customers in the implementation and | 665 |
enforcement of those rules. | 666 |
(C) For purposes of sections 4927.01 to 4927.21 of the | 689 |
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25, | 690 |
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17, | 691 |
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32, | 692 |
4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54, | 693 |
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to | 694 |
a telephone company or, as applicable, to an officer, employee, or | 695 |
agent of such company or provider, except to the extent necessary | 696 |
for the commission to carry out sections 4927.01 to 4927.21 of the | 697 |
Revised Code. | 698 |
(E) The commission shall initially adopt the rules required | 704 |
by this chapter not later than one hundred twenty days after the | 705 |
effective date of this sectionSeptember 13, 2010. Subject to the | 706 |
authority granted to the commission under this chapter, the | 707 |
commission may adopt other rules, including rules regarding the | 708 |
removal from tariffs of services that were required to be filed in | 709 |
tariffs prior to the effective date of this sectionSeptember 13, | 710 |
2010, as it finds necessary to carry out this chapter. | 711 |
Sec. 4927.15. (A) The rates, terms, and conditions for 9-1-1 | 712 |
service provided in this state by a telephone company or a | 713 |
telecommunications carrier and each of the following provided in | 714 |
this state by a telephone company shall be approved and tariffed | 715 |
in the manner prescribed by rule adopted by the public utilities | 716 |
commission and shall be subject to the applicable laws, including | 717 |
rules or regulations adopted and orders issued by the commission | 718 |
or the federal communications commission and, including, as to | 719 |
9-1-1 service, sections 4931.40 to 4931.70 and 4931.99 of the | 720 |
Revised Code: | 721 |
(B) The public utilities commission may order changes in a | 729 |
telephone company's rates for carrier access in this state subject | 730 |
to this division. In the event that the public utilities | 731 |
commission reduces a telephone company's rates for carrier access | 732 |
that are in effect on the effective date of this sectionSeptember | 733 |
13, 2010, that reduction shall be on a revenue-neutral basis under | 734 |
terms and conditions established by the public utilities | 735 |
commission, and any resulting rate changes necessary to comply | 736 |
with division (B) or (C) of this section shall be in addition to | 737 |
any upward rate alteration made under section 4927.12 of the | 738 |
Revised Code. | 739 |
(2) No person shall transmit an advertisement to a facsimile | 762 |
device located on residential premises unless the person has | 763 |
received prior written permission from the owner or, if the device | 764 |
is leased, from the lessee of the device to which the message is | 765 |
to be sent to transmit the advertisement. In addition to any other | 766 |
penalties or remedies, a recipient of an advertisement transmitted | 767 |
in violation of division (B)(2) of this section may bring a civil | 768 |
action against the person who transmitted that advertisement or | 769 |
caused it to be transmitted. In that action, the recipient may | 770 |
recover one thousand dollars for each violation. | 771 |
(F)(1) "Wireless service" means federally licensed commercial | 805 |
mobile service as defined in 47 U.S.C. 332(d) and further defined | 806 |
as commercial mobile radio service in 47 C.F.R. 20.3, and includes | 807 |
service provided by any wireless, two-way communications device, | 808 |
including a radio-telephone communications line used in cellular | 809 |
telephone service or personal communications service, a network | 810 |
radio access line, or any functional or competitive equivalent of | 811 |
such a radio-telephone communications or network radio access | 812 |
line. | 813 |
(M) "Subdivision" means a county, municipal corporation, | 838 |
township, township fire district, joint fire district, township | 839 |
police district, joint police district, joint ambulance district, | 840 |
or joint emergency medical services district that provides | 841 |
emergency service within its territory, or that contracts with | 842 |
another municipal corporation, township, or district or with a | 843 |
private entity to provide such service; and a state college or | 844 |
university, port authority, or park district of any kind that | 845 |
employs law enforcement officers that act as the primary police | 846 |
force on the grounds of the college or university or port | 847 |
authority or in the parks operated by the district. | 848 |
(W) "Telephone company" means a company engaged in the | 885 |
business of providing local exchange telephone service by making | 886 |
available or furnishing access and a dial tone to persons within a | 887 |
local calling area for use in originating and receiving voice | 888 |
grade communications over a switched network operated by the | 889 |
provider of the service within the area and gaining access to | 890 |
other telecommunications services. "Telephone company" includes a | 891 |
wireline service provider and a wireless service provider unless | 892 |
otherwise expressly specified. For purposes of sections 4931.52 | 893 |
5507.25 and 4931.535507.26 of the Revised Code, "telephone | 894 |
company" means a wireline service provider. | 895 |
(2) In appointing the five members under division (A)(1)(d) | 916 |
of this section, the governor shall appoint two representatives of | 917 |
the county commissioners' association of Ohio or a successor | 918 |
organization, two representatives of the Ohio municipal league or | 919 |
a successor organization, and one representative of the Ohio | 920 |
township association or a successor organization. For each of | 921 |
these appointments, the governor shall consider a nominee proposed | 922 |
by the association or successor organization. The governor may | 923 |
reject any of the nominees and may request that a nominating | 924 |
entity submit alternative nominees. | 925 |
(3) The initial terms of one of the representatives of the | 938 |
county commissioners' association of Ohio, one of the | 939 |
representatives of the Ohio municipal league, and the | 940 |
representative of the Ohio township association shall all expire | 941 |
on December 31, 2016. The initial terms of the other | 942 |
representatives of the county commissioners' association of Ohio | 943 |
and the Ohio municipal league shall expire on December 31, 2014. | 944 |
Thereafter, terms of the members appointed by the governor shall | 945 |
be for four years, with each term ending on the same day of the | 946 |
same month as the term it succeeds. Each member appointed by the | 947 |
governor shall hold office from the date of the member's | 948 |
appointment until the end of the term for which the member was | 949 |
appointed, and may be reappointed. A member appointed by the | 950 |
governor shall continue in office after the expiration date of the | 951 |
member's term until the member's successor takes office or until a | 952 |
period of sixty days has elapsed, whichever occurs first. Members | 953 |
appointed by the governor shall serve without compensation and | 954 |
shall not be reimbursed for expenses. | 955 |
(1) On or before November 15, 2012May 15, 2013, deliver an | 965 |
initial report to the speaker of the house of representatives, the | 966 |
president of the senate, and the governor providing | 967 |
recommendations for the state to address the development of a | 968 |
statewide emergency services internet protocol network, including | 969 |
which recommendations shall include a review of the current | 970 |
funding model for this state's 9-1-1 systems and may include a | 971 |
recommendation for a reduction in wireless 9-1-1 charges; | 972 |
(2) If, by February 15, 2013, a countywide 9-1-1 planning | 1010 |
committee fails to provide to the steering committee the | 1011 |
information required under division (D)(1) of this section, the | 1012 |
steering committee shall notify the tax commissioner of the | 1013 |
failure and the tax commissioner shall suspend disbursements from | 1014 |
the wireless 9-1-1 government assistance fund to that county. | 1015 |
Disbursements to the county shall resume after the steering | 1016 |
committee receives the required information and notifies the tax | 1017 |
commissioner that the requirement has been met. | 1018 |
(a) The technical-standards subcommittee shall include one | 1033 |
member representing a wireline or wireless service provider that | 1034 |
participates in the state's 9-1-1 system, one representative of | 1035 |
the Ohio academic resources network, one representative of the | 1036 |
Ohio multi-agency radio communications system steering committee, | 1037 |
one representative of the Ohio geographically referenced | 1038 |
information program, and one member representing each of the | 1039 |
following associations selected by the steering committee from | 1040 |
nominations received from that association: | 1041 |
(b) The public-safety-answering-point-operations subcommittee | 1047 |
shall include one member representing the division of emergency | 1048 |
management of the department of public safety, one member | 1049 |
representing the state highway patrol, two members recommended by | 1050 |
the county commissioners' association of Ohio who are managers of | 1051 |
public safety answering points, two members recommended by the | 1052 |
Ohio municipal league who are managers of public safety answering | 1053 |
points, and one member from each of the following associations | 1054 |
selected by the steering committee from nominations received from | 1055 |
that association: | 1056 |
Sec. 5507.021. Not later than January 1, 2014, and in | 1071 |
accordance with Chapter 119. of the Revised Code, the statewide | 1072 |
emergency services internet protocol network steering committee | 1073 |
shall adopt rules that establish technical and operational | 1074 |
standards for public safety answering points eligible to receive | 1075 |
disbursements under section 5507.55 of the Revised Code. The rules | 1076 |
shall incorporate industry standards and best practices for | 1077 |
wireless 9-1-1 services. Public safety answering points shall | 1078 |
comply with the standards not later than two years after the | 1079 |
effective date of the rules adopting the standards. | 1080 |
(2) The system shall exclude any territory served by a | 1095 |
wireline service provider that is not capable of reasonably | 1096 |
meeting the technical and economic requirements of providing the | 1097 |
wireline telephone network portion of the countywide system for | 1098 |
that territory. The system shall exclude from enhanced 9-1-1 any | 1099 |
territory served by a wireline service provider that is not | 1100 |
capable of reasonably meeting the technical and economic | 1101 |
requirements of providing the wireline telephone network portion | 1102 |
of enhanced 9-1-1 for that territory. If a 9-1-1 planning | 1103 |
committee and a wireline service provider do not agree on whether | 1104 |
the provider is so capable, the committee shall notify the | 1105 |
department of public
utilities commissionsafety, and the | 1106 |
commissiondepartment shall determine whether the wireline service | 1107 |
provider is so capable. The committee shall ascertain whether such | 1108 |
disagreement exists before making its implementation proposal | 1109 |
under division (A) of section 4931.435507.07 of the Revised Code. | 1110 |
The commission'sdepartment's determination shall be in the form | 1111 |
of an order. No final plan shall require a wireline service | 1112 |
provider to provide the wireline telephone network portion of a | 1113 |
9-1-1 system that the commissiondepartment has determined the | 1114 |
provider is not reasonably capable of providing. | 1115 |
(2) A subdivision or a regional council of governments that | 1125 |
operates a public safety answering point shall pay all of the | 1126 |
costs associated with establishing, equipping, furnishing, | 1127 |
operating, and maintaining that facility and shall allocate those | 1128 |
costs among itself and the subdivisions served by the answering | 1129 |
point based on the allocation formula in a final plan. The | 1130 |
wireline service provider or other entity that provides or | 1131 |
maintains the customer premises equipment shall bill the operating | 1132 |
subdivision or the operating regional council of governments for | 1133 |
the cost of providing such equipment, or its maintenance. A | 1134 |
wireless service provider and a subdivision or regional council of | 1135 |
governments operating a public safety answering point may enter | 1136 |
into a service agreement for providing wireless enhanced 9-1-1 | 1137 |
pursuant to a final plan adopted under sections 4931.40 to 4931.70 | 1138 |
of the Revised Codethis chapter. | 1139 |
(F) Notwithstanding any other provision of law, the purchase | 1147 |
or other acquisition, installation, and maintenance of the | 1148 |
telephone network for a 9-1-1 system and the purchase or other | 1149 |
acquisition, installation, and maintenance of customer premises | 1150 |
equipment at a public safety answering point made in compliance | 1151 |
with a final plan or an agreement under section 4931.485507.09 of | 1152 |
the Revised Code, including customer premises equipment used to | 1153 |
provide wireless enhanced 9-1-1, are not subject to any | 1154 |
requirement of competitive bidding. | 1155 |
(H) Whenever a final plan provides for the implementation of | 1159 |
basic 9-1-1, the planning committee shall so notify the department | 1160 |
of public
utilities commissionsafety, which shall determine | 1161 |
whether the wireline service providers serving the territory | 1162 |
covered by the plan are capable of reasonably meeting the | 1163 |
technical and economic requirements of providing the wireline | 1164 |
telephone network portion of an enhanced 9-1-1 system. The | 1165 |
determination shall be made solely for purposes of division (C)(2) | 1166 |
of section 4931.475507.18 of the Revised Code. | 1167 |
(J) A final plan adopted under sections 4931.40 to 4931.70 of | 1172 |
the Revised Codethis chapter, or an agreement under section | 1173 |
4931.485507.09 of the Revised Code, may provide that, by further | 1174 |
agreement included in the plan or agreement, the state highway | 1175 |
patrol or one or more public safety answering points of another | 1176 |
9-1-1 system is the public safety answering point or points for | 1177 |
the provision of wireline or wireless 9-1-1 for all or part of the | 1178 |
territory of the 9-1-1 system established under the plan or | 1179 |
agreement. In that event, the subdivision for which the wireline | 1180 |
or wireless 9-1-1 is provided as named in the agreement shall be | 1181 |
deemed the subdivision operating the public safety answering point | 1182 |
or points for purposes of sections 4931.40 to 4931.70 of the | 1183 |
Revised Codethis chapter, except that, for the purpose of | 1184 |
division (D)(2) of this section, that subdivision shall pay only | 1185 |
so much of the costs of establishing, equipping, furnishing, | 1186 |
operating, or maintaining any such public safety answering point | 1187 |
as are specified in the agreement with the patrol or other system. | 1188 |
(K) A final plan for the provision of wireless enhanced 9-1-1 | 1189 |
shall provide that any wireless 9-1-1 calls routed to a state | 1190 |
highway patrol-operated public safety answering point by default, | 1191 |
due to a wireless service provider so routing all such calls of | 1192 |
its subscribers without prior permission, are instead to be routed | 1193 |
as provided under the plan. Upon the implementation of countywide | 1194 |
wireless enhanced 9-1-1 pursuant to a final plan, the state | 1195 |
highway patrol shall cease any functioning as a public safety | 1196 |
answering point providing wireless 9-1-1 within the territory | 1197 |
covered by the countywide 9-1-1 system so established, unless the | 1198 |
patrol functions as a public safety answering point providing | 1199 |
wireless enhanced 9-1-1 pursuant to an agreement included in the | 1200 |
plan as authorized under division (J) of this section. | 1201 |
(B) Within thirty days after the adoption of a resolution to | 1229 |
convene the committee under division (A) of this section, the | 1230 |
committee shall convene for the sole purpose of developing a final | 1231 |
plan for implementing a countywide 9-1-1 system. The county shall | 1232 |
provide the committee with any clerical, legal, and other staff | 1233 |
assistance necessary to develop the final plan and shall pay for | 1234 |
copying, mailing, and any other such expenses incurred by the | 1235 |
committee in developing the final plan and in meeting the | 1236 |
requirements imposed by sections 4931.425507.06 to 4931.44 | 1237 |
5507.08 of the Revised Code. | 1238 |
(C) The 9-1-1 planning committee shall appoint a 9-1-1 | 1239 |
technical advisory committee to assist it in planning the | 1240 |
countywide 9-1-1 system. The advisory committee shall include at | 1241 |
least one fire chief and one police chief serving in the county, | 1242 |
the county sheriff, a representative of the state highway patrol | 1243 |
selected by the patrol, one representative of each telephone | 1244 |
company in each case selected by the telephone company | 1245 |
represented, the director/coordinator of emergency management | 1246 |
appointed under section 5502.26, 5502.27, or 5502.271 of the | 1247 |
Revised Code, as appropriate, and a member of a board of township | 1248 |
trustees of a township in the county selected by a majority of | 1249 |
boards of township trustees in the county pursuant to resolutions | 1250 |
they adopt. | 1251 |
(2) The location and number of public safety answering | 1272 |
points; how they will be connected to a company's telephone | 1273 |
network; from what geographic territory each will receive 9-1-1 | 1274 |
calls; whether basic or enhanced 9-1-1 service will be provided | 1275 |
within such territory; what subdivisions will be served by the | 1276 |
answering point; and whether an answering point will respond to | 1277 |
calls by directly dispatching an emergency service provider, by | 1278 |
relaying a message to the appropriate provider, or by transferring | 1279 |
the call to the appropriate provider; | 1280 |
(C) Following the meeting required by this section, the 9-1-1 | 1296 |
planning committee may modify the implementation proposal and, no | 1297 |
later than nine months after the resolution authorized by section | 1298 |
4931.425507.06 of the Revised Code is adopted, may adopt, by | 1299 |
majority vote, a final plan for implementing a countywide 9-1-1 | 1300 |
system. If a planning committee and wireline service provider do | 1301 |
not agree on whether the wireline service provider is capable of | 1302 |
providing the wireline telephone network as described under | 1303 |
division (A) of section 4931.415507.03 of the Revised Code and | 1304 |
the planning committee refers that question to the department of | 1305 |
public
utilities commissionsafety, the commissiondepartment may | 1306 |
extend the nine-month deadline established by this division to | 1307 |
twelve months. Immediately on completion of the plan, the | 1308 |
committee shall send a copy of the final plan: | 1309 |
Sec. 4931.44. Sec. 5507.08. (A) Within sixty days after receipt of | 1324 |
the final plan pursuant to division (C) of section 4931.435507.07 | 1325 |
of the Revised Code, the board of county commissioners of the | 1326 |
county and the legislative authority of each municipal corporation | 1327 |
in the county and of each township whose territory is proposed to | 1328 |
be included in a countywide 9-1-1 system shall act by resolution | 1329 |
to approve or disapprove the plan, except that, with respect to a | 1330 |
final plan that provides for funding of the 9-1-1 system in part | 1331 |
through charges imposed under section 4931.515507.22 of the | 1332 |
Revised Code, the board of county commissioners shall not act by | 1333 |
resolution to approve or disapprove the plan until after a | 1334 |
resolution adopted under section 4931.515507.22 of the Revised | 1335 |
Code has become effective as provided in division (D) of that | 1336 |
section. A municipal corporation or township whose territory is | 1337 |
proposed to be included in the system includes any municipal | 1338 |
corporation or township in which a part of its territory is | 1339 |
excluded pursuant to division (A)(2) of section 4931.415507.03 of | 1340 |
the Revised Code. Each such authority immediately shall notify the | 1341 |
board of county commissioners in writing of its approval or | 1342 |
disapproval of the final plan. Failure by a board or legislative | 1343 |
authority to notify the board of county commissioners of approval | 1344 |
or disapproval within such sixty-day period shall be deemed | 1345 |
disapproval by the board or authority. | 1346 |
Sec. 4931.48. Sec. 5507.09. (A) If a final plan is disapproved | 1369 |
under division (B) of section 4931.445507.08 of the Revised Code, | 1370 |
by resolution, the legislative authority of a municipal | 1371 |
corporation or township that contains at least thirty per cent of | 1372 |
the county's population may establish within its boundaries, or | 1373 |
the legislative authorities of a group of municipal corporations | 1374 |
or townships each of which is contiguous with at least one other | 1375 |
such municipal corporation or township in the group, together | 1376 |
containing at least thirty per cent of the county's population, | 1377 |
may jointly establish within their boundaries a 9-1-1 system. For | 1378 |
that purpose, the municipal corporation or township may enter into | 1379 |
an agreement, and the contiguous municipal corporations or | 1380 |
townships may jointly enter into an agreement with one or more | 1381 |
telephone companies. | 1382 |
(B) If no resolution has been adopted to convene a 9-1-1 | 1383 |
planning committee under section 4931.425507.06 of the Revised | 1384 |
Code, by resolution, the legislative authority of any municipal | 1385 |
corporation in the county may establish within its boundaries, or | 1386 |
the legislative authorities of a group of municipal corporations | 1387 |
and townships each of which is contiguous to at least one of the | 1388 |
other such municipal corporations or townships in the group may | 1389 |
jointly establish within their boundaries, a 9-1-1 system. For | 1390 |
that purpose, the municipal corporation, or contiguous municipal | 1391 |
corporations and townships, may enter into an agreement with one | 1392 |
or more telephone companies. | 1393 |
(C) Whenever a telephone company that is a wireline service | 1394 |
provider and one or more municipal corporations and townships | 1395 |
enter into an agreement under division (A) or (B) of this section | 1396 |
to provide for the wireline telephone network portion of a basic | 1397 |
9-1-1 system, the telephone company shall so notify the department | 1398 |
of public
utilities commissionsafety, which shall determine | 1399 |
whether the telephone company is capable of reasonably meeting the | 1400 |
technical and economic requirements of providing the wireline | 1401 |
telephone network for an enhanced system within the territory | 1402 |
served by the company and covered by the agreement. The | 1403 |
determination shall be made solely for the purposes of division | 1404 |
(C)(2) of section 4931.475507.18 of the Revised Code. | 1405 |
(C)(1) To amend a final plan for the purpose described in | 1447 |
division (A)(7) of this section, an entity that wishes to be added | 1448 |
as a participant in a 9-1-1 system shall file a written letter of | 1449 |
that intent with the board of county commissioners of the county | 1450 |
that approved the final plan. The final plan is deemed amended | 1451 |
upon the filing of that letter. The entity that files the letter | 1452 |
shall send written notice of that filing to all subdivisions, | 1453 |
regional councils of governments, and telephone companies | 1454 |
participating in the system. | 1455 |
Sec. 4931.47. Sec. 5507.18. (A) In accordance with Chapters 4901., | 1494 |
4903., 4905., 4909., and 4931. of the Revised Codethis chapter, | 1495 |
the public utilities commissiontax commissioner shall determine | 1496 |
the just, reasonable, and compensatory rates, tolls, | 1497 |
classifications, charges, or rentals to be observed and charged | 1498 |
for the wireline telephone network portion of a basic or enhanced | 1499 |
9-1-1 system, and each telephone company that is a wireline | 1500 |
service provider participating in the system shall be subject to | 1501 |
such chaptersthis chapter, to the extent they applyit applies, | 1502 |
as to the service provided by its portion of the wireline | 1503 |
telephone network for the system as described in the final plan or | 1504 |
to be installed pursuant to agreements under section 4931.48 | 1505 |
5507.09 of the Revised Code, and as to the rates, tolls, | 1506 |
classifications, charges, or rentals to be observed and charged | 1507 |
for that service. | 1508 |
(B) Only the customers of a participating telephone company | 1509 |
described in division (A) of this section that are served within | 1510 |
the area covered by a 9-1-1 system shall pay the recurring rates | 1511 |
for the maintenance and operation of the company's portion of the | 1512 |
wireline telephone network of the system. Such rates shall be | 1513 |
computed by dividing the total monthly recurring rates set forth | 1514 |
in the company's schedule as filed in accordance with section | 1515 |
4905.30 of the Revised Code, by the total number of residential | 1516 |
and business customer access lines, or their equivalent, within | 1517 |
the area served. Each residential and business customer within the | 1518 |
area served shall pay the recurring rates based on the number of | 1519 |
its residential and business customer access lines or their | 1520 |
equivalent. No company shall include such amount on any customer's | 1521 |
bill until the company has completed its portion of the wireline | 1522 |
telephone network in accordance with the terms, conditions, | 1523 |
requirements, and specifications of the final plan or an agreement | 1524 |
made under section 4931.485507.09 of the Revised Code. | 1525 |
(C)(1) Except as otherwise provided in division (C)(2) of | 1526 |
this section, a participating telephone company described in | 1527 |
division (A) of this section may receive through the credit | 1528 |
authorized by section 5733.55 of the Revised Code the total | 1529 |
nonrecurring charges for its portion of the wireline telephone | 1530 |
network of the system and the total nonrecurring charges for any | 1531 |
updating or modernization of that wireline telephone network in | 1532 |
accordance with the terms, conditions, requirements, and | 1533 |
specifications of the final plan or pursuant to agreements under | 1534 |
section 4931.485507.09 of the Revised Code, as such charges are | 1535 |
set forth in the schedule filed by the telephone company in | 1536 |
accordance with section 4905.30 of the Revised Code. However, that | 1537 |
portion, updating, or modernization shall not be for or include | 1538 |
the provision of wireless 9-1-1. As applicable, the receipt of | 1539 |
permissible charges shall occur only upon the completion of the | 1540 |
installation of the network or the completion of the updating or | 1541 |
modernization. | 1542 |
(b) At the time the final plan or agreement pursuant to | 1549 |
section 4931.485507.09 of the Revised Code calling for the basic | 1550 |
9-1-1 system was agreed to, the telephone company was capable of | 1551 |
reasonably meeting the technical and economic requirements of | 1552 |
providing the wireline telephone network portion of an enhanced | 1553 |
9-1-1 system within the territory proposed to be upgraded, as | 1554 |
determined by the department of public utilities commissionsafety | 1555 |
under division (A) or (H) of section 4931.415507.03 or division | 1556 |
(C) of section
4931.485507.09 of the Revised Code. | 1557 |
(3) If the credit is not allowed under division (C)(2) of | 1558 |
this section, the total nonrecurring charges for the wireline | 1559 |
telephone network used in providing 9-1-1 service, as set forth in | 1560 |
the schedule filed by a telephone company in accordance with | 1561 |
section 4905.30 of the Revised Code, on completion of the | 1562 |
installation of the network in accordance with the terms, | 1563 |
conditions, requirements, and specifications of the final plan or | 1564 |
pursuant to section 4931.485507.09 of the Revised Code, shall be | 1565 |
paid by the municipal corporations and townships with any | 1566 |
territory in the area in which such upgrade from basic to enhanced | 1567 |
9-1-1 is made. | 1568 |
Sec. 4931.51. Sec. 5507.22. (A)(1) For the purpose of paying the | 1576 |
costs of establishing, equipping, and furnishing one or more | 1577 |
public safety answering points as part of a countywide 9-1-1 | 1578 |
system effective under division (B) of section 4931.445507.08 of | 1579 |
the Revised Code and paying the expense of administering and | 1580 |
enforcing this section, the board of county commissioners of a | 1581 |
county, in accordance with this section, may fix and impose, on | 1582 |
each lot or parcel of real property in the county that is owned by | 1583 |
a person, municipal corporation, township, or other political | 1584 |
subdivision and is improved, or is in the process of being | 1585 |
improved, reasonable charges to be paid by each such owner. The | 1586 |
charges shall be sufficient to pay only the estimated allowed | 1587 |
costs and shall be equal in amount for all such lots or parcels. | 1588 |
(2) For the purpose of paying the costs of operating and | 1589 |
maintaining the answering points and paying the expense of | 1590 |
administering and enforcing this section, the board, in accordance | 1591 |
with this section, may fix and impose reasonable charges to be | 1592 |
paid by each owner, as provided in division (A)(1) of this | 1593 |
section, that shall be sufficient to pay only the estimated | 1594 |
allowed costs and shall be equal in amount for all such lots or | 1595 |
parcels. The board may fix and impose charges under this division | 1596 |
pursuant to a resolution adopted for the purposes of both | 1597 |
divisions (A)(1) and (2) of this section or pursuant to a | 1598 |
resolution adopted solely for the purpose of division (A)(2) of | 1599 |
this section, and charges imposed under division (A)(2) of this | 1600 |
section may be separately imposed or combined with charges imposed | 1601 |
under division (A)(1) of this section. | 1602 |
(B) Any board adopting a resolution under this section | 1603 |
pursuant to a final plan initiating the establishment of a 9-1-1 | 1604 |
system or pursuant to an amendment to a final plan shall adopt the | 1605 |
resolution within sixty days after the board receives the final | 1606 |
plan for the 9-1-1 system pursuant to division (C) of section | 1607 |
4931.435507.07 of the Revised Code. The board by resolution may | 1608 |
change any charge imposed under this section whenever the board | 1609 |
considers it advisable. Any resolution adopted under this section | 1610 |
shall declare whether securities will be issued under Chapter 133. | 1611 |
of the Revised Code in anticipation of the collection of unpaid | 1612 |
special assessments levied under this section. | 1613 |
(C) The board shall adopt a resolution under this section at | 1614 |
a public meeting held in accordance with section 121.22 of the | 1615 |
Revised Code. Additionally, the board, before adopting any such | 1616 |
resolution, shall hold at least two public hearings on the | 1617 |
proposed charges. Prior to the first hearing, the board shall | 1618 |
publish notice of the hearings once a week for two consecutive | 1619 |
weeks in a newspaper of general circulation in the county or as | 1620 |
provided in section 7.16 of the Revised Code. The notice shall | 1621 |
include a listing of the charges proposed in the resolution and | 1622 |
the date, time, and location of each of the hearings. The board | 1623 |
shall hear any person who wishes to testify on the charges or the | 1624 |
resolution. | 1625 |
(D) No resolution adopted under this section shall be | 1626 |
effective sooner than thirty days following its adoption nor shall | 1627 |
any such resolution be adopted as an emergency measure. The | 1628 |
resolution is subject to a referendum in accordance with sections | 1629 |
305.31 to 305.41 of the Revised Code unless, in the resolution, | 1630 |
the board of county commissioners directs the board of elections | 1631 |
of the county to submit the question of imposing the charges to | 1632 |
the electors of the county at the next primary or general election | 1633 |
in the county occurring not less than ninety days after the | 1634 |
resolution is certified to the board. No resolution shall go into | 1635 |
effect unless approved by a majority of those voting upon it in | 1636 |
any election allowed under this division. | 1637 |
(E) To collect charges imposed under division (A) of this | 1638 |
section, the board of county commissioners shall certify them to | 1639 |
the county auditor of the county who then shall place them upon | 1640 |
the real property duplicate against the properties to be assessed, | 1641 |
as provided in division (A) of this section. Each assessment shall | 1642 |
bear interest at the same rate that securities issued in | 1643 |
anticipation of the collection of the assessments bear, is a lien | 1644 |
on the property assessed from the date placed upon the real | 1645 |
property duplicate by the auditor, and shall be collected in the | 1646 |
same manner as other taxes. | 1647 |
(B) A board of county commissioners may adopt a resolution | 1667 |
imposing a monthly charge on telephone access lines to pay for the | 1668 |
equipment costs of establishing and maintaining no more than three | 1669 |
public safety answering points of a countywide 9-1-1 system, which | 1670 |
public safety answering points shall be only twenty-four-hour | 1671 |
dispatching points already existing in the county. The resolution | 1672 |
shall state the amount of the charge, which shall not exceed fifty | 1673 |
cents per month, and the month the charge will first be imposed, | 1674 |
which shall be no earlier than four months after the special | 1675 |
election held pursuant to this section. Each residential and | 1676 |
business telephone company customer within the area served by the | 1677 |
9-1-1 system shall pay the monthly charge for each of its | 1678 |
residential or business customer access lines or their equivalent. | 1679 |
Before adopting a resolution under this division, the board | 1680 |
of county commissioners shall hold at least two public hearings on | 1681 |
the proposed charge. Before the first hearing, the board shall | 1682 |
publish notice of the hearings once a week for two consecutive | 1683 |
weeks in a newspaper of general circulation in the county or as | 1684 |
provided in section 7.16 of the Revised Code. The notice shall | 1685 |
state the amount of the proposed charge, an explanation of the | 1686 |
necessity for the charge, and the date, time, and location of each | 1687 |
of the hearings. | 1688 |
(C) A resolution adopted under division (B) of this section | 1689 |
shall direct the board of elections to submit the question of | 1690 |
imposing the charge to the electors of the county at a special | 1691 |
election on the day of the next primary or general election in the | 1692 |
county. The board of county commissioners shall certify a copy of | 1693 |
the resolution to the board of elections not less than ninety days | 1694 |
before the day of the special election. No resolution adopted | 1695 |
under division (B) of this section shall take effect unless | 1696 |
approved by a majority of the electors voting upon the resolution | 1697 |
at an election held pursuant to this section. | 1698 |
(D) Money raised from a monthly charge on telephone access | 1705 |
lines under this section shall be deposited into a special fund | 1706 |
created in the county treasury by the board of county | 1707 |
commissioners pursuant to section 5705.12 of the Revised Code, to | 1708 |
be used only for the necessary equipment costs of establishing and | 1709 |
maintaining no more than three public safety answering points of a | 1710 |
countywide 9-1-1 system pursuant to a resolution adopted under | 1711 |
division (B) of this section. In complying with this division, any | 1712 |
county may seek the assistance of the department of public | 1713 |
utilities commissionsafety with regard to operating and | 1714 |
maintaining a 9-1-1 system. | 1715 |
(B) A board of county commissioners may adopt a resolution | 1728 |
imposing a monthly charge on telephone access lines to pay for the | 1729 |
operating and equipment costs of establishing and maintaining no | 1730 |
more than one public safety answering point of a countywide 9-1-1 | 1731 |
system. The resolution shall state the amount of the charge, which | 1732 |
shall not exceed fifty cents per month, and the month the charge | 1733 |
will first be imposed, which shall be no earlier than four months | 1734 |
after the special election held pursuant to this section. Each | 1735 |
residential and business telephone company customer within the | 1736 |
area of the county served by the 9-1-1 system shall pay the | 1737 |
monthly charge for each of its residential or business customer | 1738 |
access lines or their equivalent. | 1739 |
Before adopting a resolution under this division, the board | 1740 |
of county commissioners shall hold at least two public hearings on | 1741 |
the proposed charge. Before the first hearing, the board shall | 1742 |
publish notice of the hearings once a week for two consecutive | 1743 |
weeks in a newspaper of general circulation in the county or as | 1744 |
provided in section 7.16 of the Revised Code. The notice shall | 1745 |
state the amount of the proposed charge, an explanation of the | 1746 |
necessity for the charge, and the date, time, and location of each | 1747 |
of the hearings. | 1748 |
(C) A resolution adopted under division (B) of this section | 1749 |
shall direct the board of elections to submit the question of | 1750 |
imposing the charge to the electors of the county at a special | 1751 |
election on the day of the next primary or general election in the | 1752 |
county. The board of county commissioners shall certify a copy of | 1753 |
the resolution to the board of elections not less than ninety days | 1754 |
before the day of the special election. No resolution adopted | 1755 |
under division (B) of this section shall take effect unless | 1756 |
approved by a majority of the electors voting upon the resolution | 1757 |
at an election held pursuant to this section. | 1758 |
(D) Money raised from a monthly charge on telephone access | 1765 |
lines under this section shall be deposited into a special fund | 1766 |
created in the county treasury by the board of county | 1767 |
commissioners pursuant to section 5705.12 of the Revised Code, to | 1768 |
be used only for the necessary operating and equipment costs of | 1769 |
establishing and maintaining no more than one public safety | 1770 |
answering point of a countywide 9-1-1 system pursuant to a | 1771 |
resolution adopted under division (B) of this section. In | 1772 |
complying with this division, any county may seek the assistance | 1773 |
of the department of public utilities commissionsafety with | 1774 |
regard to operating and maintaining a 9-1-1 system. | 1775 |
(E) Nothing in sections 4931.405507.01 to 4931.535507.34 of | 1776 |
the Revised Code precludes a final plan adopted in accordance with | 1777 |
those sections from being amended to provide that, by agreement | 1778 |
included in the plan, a public safety answering point of another | 1779 |
countywide 9-1-1 system is the public safety answering point of a | 1780 |
countywide 9-1-1 system funded through a monthly charge imposed in | 1781 |
accordance with this section. In that event, the county for which | 1782 |
the public safety answering point is provided shall be deemed the | 1783 |
subdivision operating the public safety answering point for | 1784 |
purposes of sections 4931.405507.01 to 4931.535507.34 of the | 1785 |
Revised Code, except that, for the purpose of division (D) of | 1786 |
section 4931.415507.03 of the Revised Code, the county shall pay | 1787 |
only so much of the costs associated with establishing, equipping, | 1788 |
furnishing, operating, or maintaining the public safety answering | 1789 |
point specified in the agreement included in the final plan. | 1790 |
(F) Pursuant to the voter approval required by division (C) | 1791 |
of this section, the final plan for a countywide 9-1-1 system that | 1792 |
will be funded through a monthly charge imposed in accordance with | 1793 |
this section, or that will be amended to include an agreement | 1794 |
described in division (E) of this section, shall be amended by the | 1795 |
existing 9-1-1 planning committee, and the amendment of such a | 1796 |
final plan is not an amendment of a final plan for the purpose of | 1797 |
division (A) of section 4931.455507.12 of the Revised Code. | 1798 |
Sec. 4931.54. Sec. 5507.27. (A) As part of its normal monthly | 1799 |
billing process, each telephone company with customers in the area | 1800 |
served by a 9-1-1 system shall bill and collect from those | 1801 |
customers any charge imposed under section 4931.525507.25 or | 1802 |
4931.535507.26 of the Revised Code. The company may list the | 1803 |
charge as a separate entry on each bill and may indicate on the | 1804 |
bill that the charge is made pursuant to approval of a ballot | 1805 |
issue by county voters. Any customer billed by a company for a | 1806 |
charge imposed under section 4931.525507.25 or
4931.535507.26 of | 1807 |
the Revised Code is liable to the county for the amount billed. | 1808 |
The company shall apply any partial payment of a customer's bill | 1809 |
first to the amount the customer owes the company. The company | 1810 |
shall keep complete records of charges it bills and collects, and | 1811 |
such records shall be open during business hours for inspection by | 1812 |
the county commissioners or their agents or employees. If a | 1813 |
company fails to bill any customer for the charge, it is liable to | 1814 |
the county for the amount that was not billed. | 1815 |
Sec. 4931.49. Sec. 5507.32. (A)(1) The state, the state highway | 1823 |
patrol, a subdivision, or a regional council of governments | 1824 |
participating in a 9-1-1 system established under sections 4931.40 | 1825 |
to 4931.70 of the Revised Codethis chapter and any officer, | 1826 |
agent, employee, or independent contractor of the state, the state | 1827 |
highway patrol, or such a participating subdivision or regional | 1828 |
council of governments is not liable in damages in a civil action | 1829 |
for injuries, death, or loss to persons or property arising from | 1830 |
any act or omission, except willful or wanton misconduct, in | 1831 |
connection with developing, adopting, or approving any final plan | 1832 |
or any agreement made under section 4931.485507.09 of the Revised | 1833 |
Code or otherwise bringing into operation the 9-1-1 system | 1834 |
pursuant to
sections 4931.40 to 4931.70 of the Revised Codethis | 1835 |
chapter. | 1836 |
(B) Except as otherwise provided in section 4765.495507.32 | 1844 |
of the Revised Code, an individual who gives emergency | 1845 |
instructions through a 9-1-1 system established under sections | 1846 |
4931.40 to 4931.70 of the Revised Codethis chapter, and the | 1847 |
principals for whom the person acts, including both employers and | 1848 |
independent contractors, public and private, and an individual who | 1849 |
follows emergency instructions and the principals for whom that | 1850 |
person acts, including both employers and independent contractors, | 1851 |
public and private, are not liable in damages in a civil action | 1852 |
for injuries, death, or loss to persons or property arising from | 1853 |
the issuance or following of emergency instructions, except where | 1854 |
the issuance or following of the instructions constitutes willful | 1855 |
or wanton misconduct. | 1856 |
(C) Except for willful or wanton misconduct, a telephone | 1857 |
company, and any other installer, maintainer, or provider, through | 1858 |
the sale or otherwise, of customer premises equipment, and their | 1859 |
respective officers, directors, employees, agents, and suppliers | 1860 |
are not liable in damages in a civil action for injuries, death, | 1861 |
or loss to persons or property incurred by any person resulting | 1862 |
from any of the following: | 1863 |
(1) Such an entity's or its officers', directors', | 1864 |
employees', agents', or suppliers' participation in or acts or | 1865 |
omissions in connection with participating in or developing, | 1866 |
maintaining, or operating a 9-1-1 system, whether that system is | 1867 |
established pursuant to sections 4931.40 to 4931.70 of the Revised | 1868 |
Code or otherwise in accordance with schedules regarding 9-1-1 | 1869 |
systems filed with the public utilities commission pursuant to | 1870 |
section 4905.30 of the Revised Code by a telephone company that is | 1871 |
a wireline service provider; | 1872 |
Sec. 4931.50. Sec. 5507.34. (A) The attorney general, upon request | 1919 |
of the department of public utilities commissionsafety or the tax | 1920 |
commissioner, or on the attorney general's own initiative, shall | 1921 |
begin proceedings against a telephone company that is a wireline | 1922 |
service provider to enforce compliance with sections 4931.40 to | 1923 |
4931.70 of the Revised Codethis chapter or with the terms, | 1924 |
conditions, requirements, or specifications of a final plan or of | 1925 |
an agreement under section 4931.485507.09 of the Revised Code as | 1926 |
to wireline or wireless 9-1-1. | 1927 |
(B) The attorney general, upon the attorney general's own | 1928 |
initiative, or any prosecutor, upon the prosecutor's initiative, | 1929 |
shall begin proceedings against a subdivision or a regional | 1930 |
council of governments as to wireline or wireless 9-1-1 to enforce | 1931 |
compliance with sections 4931.40 to 4931.70 of the Revised Code | 1932 |
this chapter or with the terms, conditions, requirements, or | 1933 |
specifications of a final plan or of an agreement under section | 1934 |
4931.485507.09 of the Revised Code as to wireline or wireless | 1935 |
9-1-1. | 1936 |
Sec. 4931.60. Sec. 5507.40. (A) There is hereby created within the | 1937 |
department of public
utilities commissionsafety the 9-1-1 | 1938 |
service program, headed by the director of public safety in | 1939 |
consultation with an Ohio 9-1-1 coordinator in the unclassified | 1940 |
civil service pursuant to division (A)(9) of section 124.11 of the | 1941 |
Revised Code. The coordinator shall be appointed by and serve at | 1942 |
the pleasure of the
commission chairpersondirector of public | 1943 |
safety and shall report directly to the
chairpersondirector. | 1944 |
Upon the effective date of this sectionOn the effective date of | 1945 |
this section, the chairpersondirector shall appoint an interim | 1946 |
coordinator and, upon submission of a list of nominees by the Ohio | 1947 |
9-1-1 council pursuant to section 4931.695507.66 of the Revised | 1948 |
Code, shall consider those nominees in making the final | 1949 |
appointment and in appointing any subsequent coordinator. The | 1950 |
chairpersondirector may request the council to submit additional | 1951 |
nominees and may reject any of the nominees. The chairperson | 1952 |
director shall fix the compensation of the coordinator. The | 1953 |
chairpersondirector shall evaluate the performance of the | 1954 |
coordinator after considering the evaluation and recommendations | 1955 |
of the council under section 4931.685507.65 of the Revised Code. | 1956 |
The Ohio 9-1-1 coordinatortax commissioner shall administer | 1957 |
the wireless 9-1-1 government assistance fund as specified in | 1958 |
sections 4931.635507.53 and 4931.645507.55 of the Revised Code | 1959 |
and otherwise. The coordinator shall carry out the coordinator's | 1960 |
duties under sections 4931.60 to 4931.70 of the Revised Codethis | 1961 |
chapter. The chairpersondirector may establish additional duties | 1962 |
of the coordinator based on a list of recommended duties submitted | 1963 |
by the Ohio 9-1-1 council pursuant to section 4931.685507.65 of | 1964 |
the Revised Code. The chairpersondirector may assign one or more | 1965 |
commissiondepartment employees to assist the coordinator in | 1966 |
carrying out the coordinator's duties. | 1967 |
Sec. 4931.61. Sec. 5507.42. (A) Beginning on the first day of the | 1968 |
third month following May 6, 2005, and ending December 31, 2012, | 1969 |
thereThere is hereby imposed, on each wireless telephone number | 1970 |
of a wireless service subscriber who has a billing address in this | 1971 |
state, except prepaid wireless telephone numbers, a wireless 9-1-1 | 1972 |
charge of
twenty-eighttwenty-five cents per month. The | 1973 |
subscriber shall pay the wireless 9-1-1 charge for each such | 1974 |
wireless telephone number assigned to the subscriber. Each | 1975 |
wireless service provider and each reseller of wireless service | 1976 |
shall collect the wireless 9-1-1 charge as a specific line item on | 1977 |
each subscriber's monthly bill. The line item shall be expressly | 1978 |
designated "State/Local Wireless-E911 Costs ($0.28/billed | 1979 |
$0.25/billed number)." If a provider bills a subscriber for any | 1980 |
wireless enhanced 9-1-1 costs that the provider may incur, the | 1981 |
charge or amount is not to appear in the same line item as the | 1982 |
state/local line item. If the charge or amount is to appear in its | 1983 |
own, separate line item on the bill, the charge or amount shall be | 1984 |
expressly designated "[Name of Provider] Federal Wireless-E911 | 1985 |
Costs." For any subscriber of prepaid wireless service, a wireless | 1986 |
service provider or reseller shall collect the wireless 9-1-1 | 1987 |
charge in any of the following manners: | 1988 |
(2) For purposes of division (B)(1) of this section, a retail | 2010 |
sale occurs in this state if it is effected by the consumer | 2011 |
appearing in person at a seller's business location in this state, | 2012 |
or if the sale is sourced to this state under division (E)(3) of | 2013 |
section 5739.034 of the Revised Code, except that under that | 2014 |
division, in lieu of sourcing a sale under division (C)(5) of | 2015 |
section 5739.033 of the Revised Code, the seller, rather than the | 2016 |
service provider, may elect to source the sale to the location | 2017 |
associated with the mobile telephone number. | 2018 |
Sec. 4931.62. Sec. 5507.46. (A)(1) Beginning with the second month | 2053 |
following the month in which the wireless 9-1-1 charge is first | 2054 |
imposed under division (A) of section 4931.615507.42 of the | 2055 |
Revised Code, a wireless service provider or reseller of wireless | 2056 |
service, not later than the last day of each month, shall remit | 2057 |
the full amount of all such wireless 9-1-1 charges it collected | 2058 |
for the second preceding calendar month to the Ohio 9-1-1 | 2059 |
coordinatortax commissioner, with the exception of charges | 2060 |
equivalent to the amount authorized as a billing and collection | 2061 |
fee under division (A)(2) of this section. In doing so, the | 2062 |
provider or reseller may remit the requisite amount in any | 2063 |
reasonable manner consistent with its existing operating or | 2064 |
technological capabilities, such as by customer address, location | 2065 |
associated with the wireless telephone number, or another | 2066 |
allocation method based on comparable, relevant data. If the | 2067 |
wireless service provider or reseller receives a partial payment | 2068 |
for a bill from a wireless service subscriber, the wireless | 2069 |
service provider or reseller shall apply the payment first against | 2070 |
the amount the subscriber owes the wireless service provider or | 2071 |
reseller and shall remit to the coordinatortax commissioner such | 2072 |
lesser amount, if any, as results from that invoice. | 2073 |
(C) The return required under this section shall be filed | 2113 |
electronically using the Ohio business gateway, as defined in | 2114 |
section 718.051 of the Revised Code, the Ohio telefile system, or | 2115 |
any other electronic means prescribed by the tax commissioner. | 2116 |
Payment of the amount due shall be made electronically in a manner | 2117 |
approved by the commissioner. A seller may apply to the | 2118 |
commissioner on a form prescribed by the commissioner to be | 2119 |
excused from either electronic requirement of this division. For | 2120 |
good cause shown, the commissioner may excuse the seller from | 2121 |
either or both of the requirements and may permit the seller to | 2122 |
file returns or make payments by nonelectronic means. | 2123 |
(D)(1) Each subscriber on which a wireless 9-1-1 charge is | 2124 |
imposed under division (A) of section 4931.615507.42 of the | 2125 |
Revised Code is liable to the state for the amount of the charge. | 2126 |
If a wireless service provider or reseller fails to collect the | 2127 |
charge under that division from a subscriber of prepaid wireless | 2128 |
service, or fails to bill any other subscriber for the charge | 2129 |
imposed under division (A) of section 5507.42 of the Revised Code, | 2130 |
the wireless service provider or reseller is liable to the state | 2131 |
for the amount not collected or billed. If a wireless service | 2132 |
provider or reseller collects charges under that division and | 2133 |
fails to remit the money to the coordinatortax commissioner, the | 2134 |
wireless service provider or reseller is liable to the state for | 2135 |
any amount collected and not remitted. | 2136 |
(E)(1) If the public utilities commissiontax commissioner | 2141 |
has reason to believe that a wireless service provider or reseller | 2142 |
has failed to bill, collect, or remit the wireless 9-1-1 charge as | 2143 |
required by divisions (A)(1) and (B)(D)(1) of this section or has | 2144 |
retained more than the amount authorized under division (A)(2)(d) | 2145 |
of this section, and after written notice to the provider or | 2146 |
reseller, the
commissiontax commissioner may audit the provider | 2147 |
or reseller for the sole purpose of making such a determination. | 2148 |
The audit may include, but is not limited to, a sample of the | 2149 |
provider's or reseller's billings, collections, remittances, or | 2150 |
retentions for a representative period, and the commissiontax | 2151 |
commissioner shall make a good faith effort to reach agreement | 2152 |
with the provider or reseller in selecting that sample. | 2153 |
(2) Upon written notice to the wireless service provider or | 2154 |
reseller, the commissiontax commissioner, by order after | 2155 |
completion of the audit, may make an assessment against the | 2156 |
provider or reseller if, pursuant to the audit, the commissiontax | 2157 |
commissioner determines that the provider or reseller has failed | 2158 |
to bill, collect, or remit the wireless 9-1-1 charge as required | 2159 |
by divisions (A)(1) and (B)(D)(1) of this section or has retained | 2160 |
more than the amount authorized under division (A)(2) of this | 2161 |
section. The assessment shall be in the amount of any remittance | 2162 |
that was due and unpaid on the date notice of the audit was sent | 2163 |
by the commissiontax commissioner to the provider or reseller or, | 2164 |
as applicable, in the amount of the excess amount under division | 2165 |
(A)(2) of this section retained by the provider or reseller as of | 2166 |
that date. | 2167 |
(3) The portion of any assessment not paid within sixty days | 2168 |
after the date of service by the commissiontax commissioner of | 2169 |
the assessment notice under division (C)(E)(2) of this section | 2170 |
shall bear interest from that date until paid at the rate per | 2171 |
annum prescribed by section 5703.47 of the Revised Code. That | 2172 |
interest may be collected by making an assessment under division | 2173 |
(C)(E)(2) of this section. An assessment under this division and | 2174 |
any interest due shall be remitted in the same manner as the | 2175 |
wireless 9-1-1 charge imposed under division (A) of section | 2176 |
5507.42 of the Revised Code. | 2177 |
(4) An assessment is final and due and payable and shall be | 2178 |
remitted to the commissiontax commissioner unless the assessed | 2179 |
party petitions for rehearing under section 4903.10 of the Revised | 2180 |
Code. The proceedings of the commissiontax commissioner specified | 2181 |
in division (C)(E)(4) of this section are subject to and governed | 2182 |
by Chapter 4903. of the Revised Code, except that the court of | 2183 |
appeals of Franklin county has exclusive, original jurisdiction to | 2184 |
review, modify, or vacate an order of the commissiontax | 2185 |
commissioner under division (C)(E)(2) of this section. The court | 2186 |
shall hear and determine such appeal in the same manner and under | 2187 |
the same standards as the Ohio supreme court hears and determines | 2188 |
appeals under Chapter 4903. of the Revised Code. | 2189 |
(5) After an assessment becomes final, if any portion of the | 2196 |
assessment remains unpaid, including accrued interest, a certified | 2197 |
copy of the commission's entry making thefinal assessment final | 2198 |
may be filed in the office of the clerk of the court of common | 2199 |
pleas in the county in which the place of business of the assessed | 2200 |
party is located. If the party maintains no place of business in | 2201 |
this state, the certified copy of the entry may be filed in the | 2202 |
office of the clerk of the court of common pleas of Franklin | 2203 |
county. Immediately upon the filing, the clerk shall enter a | 2204 |
judgment for the state against the assessed party in the amount | 2205 |
shown on the entry. The judgment may be filed by the clerk in a | 2206 |
loose-leaf book entitled "special judgments for wireless 9-1-1 | 2207 |
charges" and shall have the same effect as other judgments. The | 2208 |
judgment shall be executed upon the request of the commissiontax | 2209 |
commissioner. | 2210 |
Sec. 5507.51. (A) Beginning on July 1, 2013, the department | 2223 |
of taxation shall, within forty-five days after the end of each | 2224 |
month, transfer one per cent of the remitted wireless 9-1-1 | 2225 |
charges imposed under section 5507.42 of the Revised Code to the | 2226 |
credit of the wireless 9-1-1 administrative fund, which is hereby | 2227 |
created in the state treasury. This fund shall be used by the | 2228 |
department of taxation to defray the costs incurred in carrying | 2229 |
out sections 5507.42 to 5507.52 of the Revised Code. | 2230 |
Sec. 5507.52. (A) Beginning on July 1, 2013, each seller of | 2238 |
a prepaid wireless calling service required to collect prepaid | 2239 |
wireless 9-1-1 charges under division (B) of section 5507.42 of | 2240 |
the Revised Code shall also be subject to the provisions of | 2241 |
Chapter 5739. of the Revised Code regarding the excise tax on | 2242 |
retail sales levied under section 5739.02 of the Revised Code, as | 2243 |
those provisions apply to audits, assessments, appeals, | 2244 |
enforcement, liability, and penalties. | 2245 |
(1) One per cent of the remittances shall be used by the | 2258 |
commissiondirector of public safety to cover such nonpayroll | 2259 |
costs and, at the discretion of the
commissiondirector such | 2260 |
payroll costs, of the commissiondepartment of public safety as | 2261 |
are incurred in assisting the coordinatordirector in carrying out | 2262 |
sections 4931.605507.40 to
4931.705507.66 of the Revised Code | 2263 |
and in conducting audits under division (C)(E) of section 4931.62 | 2264 |
5507.46 of the Revised Code. In addition, the compensation of the | 2265 |
Ohio 9-1-1 coordinator, and any expenses of the coordinator in | 2266 |
carrying out those sections, shall be paid from the fund. | 2267 |
(B) There is hereby created the wireless 9-1-1 government | 2276 |
assistance fund, which shall be in the custody of the treasurer of | 2277 |
state but shall not be part of the state treasury. The periodic | 2278 |
remittances of the wireless 9-1-1 chargecharges under section | 2279 |
5507.46 of the Revised Code, remaining after the depositdeposits | 2280 |
required by division (A) of this section, shall be deposited to | 2281 |
the credit of the wireless 9-1-1 government assistance fund. The | 2282 |
treasurer of state shall deposit or invest the moneys in this fund | 2283 |
in accordance with Chapter 135. of the Revised Code and any other | 2284 |
provision of law governing public moneys of the state as defined | 2285 |
in section 135.01 of the Revised Code. The treasurer of state | 2286 |
shall credit the interest earned to the fund. The treasurer of | 2287 |
state shall disburse money from the fund solely upon order of the | 2288 |
coordinatortax commissioner as authorized under section 4931.64 | 2289 |
5507.55 of the Revised Code. Annually, until the fund is depleted, | 2290 |
the treasurer of state shall certify to the coordinatordirector | 2291 |
of public safety and the tax commissioner the amount of moneys in | 2292 |
the treasurer of state's custody belonging to the fund. | 2293 |
(C) There is hereby created the next generation 9-1-1 fund, | 2294 |
which shall be in the custody of the treasurer but shall not be a | 2295 |
part of the state treasury. The funds remaining in the wireless | 2296 |
9-1-1 government assistance fund after the disbursements made | 2297 |
under section 5507.55 of the Revised Code, shall be deposited to | 2298 |
the credit of the next generation 9-1-1 fund. The treasurer of | 2299 |
state shall deposit or invest the moneys in this fund in | 2300 |
accordance with Chapter 135. of the Revised Code and any other | 2301 |
provision of law governing public moneys of the state as defined | 2302 |
in section 135.01 of the Revised Code. The treasurer of state | 2303 |
shall credit the interest earned to the fund. The treasurer of | 2304 |
state shall disburse money from the fund solely upon order of the | 2305 |
tax commissioner according to policies established by the | 2306 |
statewide emergency services internet protocol network steering | 2307 |
committee as authorized under section 5507.021 of the Revised | 2308 |
Code. Annually, until the fund is depleted, the treasurer of state | 2309 |
shall certify to the commissioner the amount of moneys in the | 2310 |
treasurer of state's custody belonging to the fund. | 2311 |
(1) Determine, for a county that has adopted a final plan | 2318 |
under sections 4931.40 to 4931.70 of the Revised Codethis chapter | 2319 |
for the provision of wireless enhanced 9-1-1 within the territory | 2320 |
covered by the countywide 9-1-1 system established under the plan, | 2321 |
the number of wireless telephone numbers assigned to wireless | 2322 |
service subscribers that have billing addresses within the county. | 2323 |
That number shall be adjusted between any two counties so that the | 2324 |
number of wireless telephone numbers assigned to wireless service | 2325 |
subscribers who have billing addresses within any portion of a | 2326 |
municipal corporation that territorially lies primarily in one of | 2327 |
the two counties but extends into the other county is added to the | 2328 |
number already determined for that primary county and subtracted | 2329 |
for the other county. | 2330 |
(B) The Ohio 9-1-1 coordinatorExcept as provided in division | 2339 |
(F) of this section, the tax commissioner, in accordance with this | 2340 |
division and not later than the last day of each month, shall | 2341 |
disburse the amount credited as remittances to the wireless 9-1-1 | 2342 |
government assistance fund during the second preceding month, plus | 2343 |
any accrued interest on the fund. Such a disbursement shall be | 2344 |
paid to each county treasurer. The amount to be so disbursed | 2345 |
monthly to a particular county shall be a proportionate share of | 2346 |
the wireless 9-1-1 government assistance fund balance based on the | 2347 |
ratio between the following: | 2348 |
(2) For each county described in division (C)(1) of this | 2361 |
section, the coordinatortax commissioner shall retain in the | 2362 |
wireless 9-1-1 government assistance fund an amount equal to what | 2363 |
would otherwise be paid as the county's disbursements under | 2364 |
division (B) of this section if it had adopted such a final plan, | 2365 |
plus any related accrued interest, to be set aside for that | 2366 |
county. If the board of county commissioners notifies the | 2367 |
coordinatortax commissioner prior to January 1, 2010, that a | 2368 |
final plan for the provision of wireless enhanced 9-1-1 has been | 2369 |
adopted, the coordinatortax commissioner shall disburse and pay | 2370 |
to the county treasurer, not later than the last day of the month | 2371 |
following the month the notification is made, the total amount so | 2372 |
set aside for the county plus any related accrued interest. As of | 2373 |
January 1, 2010, any money and interest so retained and not | 2374 |
disbursed as authorized under this division shall be available for | 2375 |
disbursement only as provided in division (B) of this section. | 2376 |
(E) Nothing in sections 4931.40 to 4931.70 of the Revised | 2384 |
Codethis chapter affects the authority of a subdivision operating | 2385 |
or served by a public safety answering point of a 9-1-1 system or | 2386 |
a regional council of governments operating a public safety | 2387 |
answering point of a 9-1-1 system to use, as provided in the final | 2388 |
plan for the system or in an agreement under section 4931.48 | 2389 |
5507.09 of the Revised Code, any other authorized revenue of the | 2390 |
subdivision or the regional council of governments for the | 2391 |
purposes of providing basic or enhanced 9-1-1. | 2392 |
(A) A countywide 9-1-1 system receiving a disbursement under | 2400 |
section 4931.645507.55 of the Revised Code shall provide | 2401 |
countywide wireless enhanced 9-1-1 in accordance with sections | 2402 |
4931.40 to 4931.70 of the Revised Codethis chapter beginning as | 2403 |
soon as reasonably possible after receipt of the first | 2404 |
disbursement or, if that service is already implemented, shall | 2405 |
continue to provide such service. Except as provided in divisions | 2406 |
(B) and, (C), and (E) of this section, a disbursement shall be | 2407 |
used solely for the purpose of paying either or both of the | 2408 |
following: | 2409 |
(1) Any costs of designing, upgrading, purchasing, leasing, | 2410 |
programming, installing, testing, or maintaining the necessary | 2411 |
data, hardware, software, and trunking required for the public | 2412 |
safety answering point or points of the 9-1-1 system to provide | 2413 |
wireless enhanced 9-1-1, which costs are incurred before or on or | 2414 |
after May 6, 2005, and consist of such additional costs of the | 2415 |
9-1-1 system over and above any costs incurred to provide wireline | 2416 |
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually, | 2417 |
up to twenty-five thousand dollars of the disbursements received | 2418 |
on or after January 1, 2009, may be applied to data, hardware, and | 2419 |
software that automatically alerts personnel receiving a 9-1-1 | 2420 |
call that a person at the subscriber's address or telephone number | 2421 |
may have a mental or physical disability, of which that personnel | 2422 |
shall inform the appropriate emergency service provider. On or | 2423 |
after the provision of technical and operational standards | 2424 |
pursuant to division (D)(1) of section 4931.685507.65 of the | 2425 |
Revised Code, a regional council of governments operating a public | 2426 |
safety answering point or a subdivision shall consider the | 2427 |
standards before incurring any costs described in this division. | 2428 |
(B) Beginning one year following the imposition of the | 2432 |
wireless 9-1-1 charge under section 4931.61 of the Revised Code, a | 2433 |
A subdivision or a regional council of governments that certifies | 2434 |
to the Ohio 9-1-1 coordinatortax commissioner that it has paid | 2435 |
the costs described in divisions (A)(1) and (2) of this section | 2436 |
and is providing countywide wireless enhanced 9-1-1 may use | 2437 |
disbursements received under section 4931.645507.55 of the | 2438 |
Revised Code to pay any of its personnel costs of one or more | 2439 |
public safety answering points providing countywide wireless | 2440 |
enhanced 9-1-1. | 2441 |
Sec. 4931.66. Sec. 5507.60. (A)(1) A telephone company, the state | 2496 |
highway patrol as described in division (J) of section 4931.41 | 2497 |
5507.03 of the Revised Code, and each subdivision or regional | 2498 |
council of governments operating one or more public safety | 2499 |
answering points for a countywide system providing wireless 9-1-1, | 2500 |
shall provide the Ohio 9-1-1 coordinatordirector of public safety | 2501 |
and the tax commissioner with such information as the
coordinator | 2502 |
requestsdirector and tax commissioner request for the purposes of | 2503 |
carrying out the coordinator'stheir duties under sections 4931.60 | 2504 |
to 4931.70 of the Revised Codethis chapter, including, but not | 2505 |
limited to, duties regarding the collection of the wireless 9-1-1 | 2506 |
charge and regarding the provision of a report or recommendation | 2507 |
charges imposed under section 4931.705507.42 of the Revised Code. | 2508 |
(2) A wireless service provider shall provide an official, | 2509 |
employee, agent, or representative of a subdivision or regional | 2510 |
council of governments operating a public safety answering point, | 2511 |
or of the state highway patrol as described in division (J) of | 2512 |
section 4931.415507.03 of the Revised Code, with such technical, | 2513 |
service, and location information as the official, employee, | 2514 |
agent, or representative requests for the purpose of providing | 2515 |
wireless 9-1-1. | 2516 |
(2) The public utilities commission, the Ohio 9-1-1 | 2530 |
coordinatordirector, tax commissioner, and any official, | 2531 |
employee, agent, or representative of the commissiondirector, of | 2532 |
the tax commissioner, of the state highway patrol as described in | 2533 |
division (J) of section 4931.415507.03 of the Revised Code, or of | 2534 |
a subdivision or regional council of governments operating a | 2535 |
public safety answering point, while acting or claiming to act in | 2536 |
the capacity of the commission or coordinatordirector or tax | 2537 |
commissioner or such official, employee, agent, or representative, | 2538 |
shall not disclose any information provided under division (A) of | 2539 |
this section regarding a telephone company's customers, revenues, | 2540 |
expenses, or network information. Nothing in division (B)(2) of | 2541 |
this section precludes any such information from being aggregated | 2542 |
and included in any report required under section 4931.70 or | 2543 |
division (D)(2) of section 4931.695507.66 of the Revised Code, | 2544 |
provided the aggregated information does not identify the number | 2545 |
of any particular company's customers or the amount of its | 2546 |
revenues or expenses or identify a particular company as to any | 2547 |
network information. | 2548 |
Sec. 4931.67. Sec. 5507.63. The public utilities commissiontax | 2549 |
commissioner and the director of public safety, after consultation | 2550 |
with the Ohio 9-1-1 coordinatoreach other, shall adopt rules in | 2551 |
accordance with Chapter 119. of the Revised Code to carry out | 2552 |
sections 4931.605507.40 to 4931.705507.55 of the Revised Code, | 2553 |
including rules prescribing the necessary accounting for a | 2554 |
wireless service provider's or reseller'sthe billing and | 2555 |
collection fee under division (A)(2) of section 4931.625507.46 of | 2556 |
the Revised Code and rules establishing a fair and reasonable | 2557 |
process for recommending the amount of the wireless 9-1-1 charge | 2558 |
as authorized under division (B) of section 4931.70 of the Revised | 2559 |
Code. The amountamounts of the wireless 9-1-1 chargecharges | 2560 |
shall be prescribed only by act of the general assembly. | 2561 |
Sec. 4931.68. Sec. 5507.65. (A) There is hereby created the Ohio | 2562 |
9-1-1 council, consisting of eleven members as follows: the Ohio | 2563 |
9-1-1 coordinator;director of public safety or a designee of the | 2564 |
department of public safety, selected by the director of public | 2565 |
safety; and nineten members appointed by the governor. In | 2566 |
appointing the nineten members, the governor shall select at | 2567 |
least one representative of public safety communications officials | 2568 |
in this state, one representative of administrators of 9-1-1 | 2569 |
service in this state, one representative of countywide 9-1-1 | 2570 |
systems in this state, three representatives of wireline service | 2571 |
providers in this state, and three representatives of wireless | 2572 |
service providers in this state. For each such appointment, the | 2573 |
governor shall consider a nominee proposed, respectively, by the | 2574 |
Ohio chapter of the association of public-safety communications | 2575 |
officials, the Ohio chapter of the national emergency number | 2576 |
association, the county commissioners association of Ohio; and | 2577 |
nominees proposed, respectively, by the Ohio telecom association | 2578 |
and the wireless operators of Ohio; or any successor organization | 2579 |
of each such entity. | 2580 |
(B) The term of the initial appointee to the council | 2587 |
representing public safety communications officials and the terms | 2588 |
of one of the initial appointees representing wireline service | 2589 |
providers and one representing wireless service providers shall | 2590 |
expire on January 31, 2007. The term of the initial appointee to | 2591 |
the council representing administrators of 9-1-1 service and the | 2592 |
terms of another one of the initial appointees representing | 2593 |
wireline service providers and another representing wireless | 2594 |
service providers shall expire on January 31, 2008. The term of | 2595 |
the initial appointee to the council representing countywide 9-1-1 | 2596 |
systems and the terms of another one of the initial appointees | 2597 |
representing wireline service providers and another representing | 2598 |
wireless service providers shall expire on January 31, 2009. | 2599 |
Thereafter, terms of appointed members shall be for three years, | 2600 |
with each term ending on the same day of the same month as the | 2601 |
term it succeeds. | 2602 |
Sec. 4931.69. Sec. 5507.66. (A) There is hereby created the | 2645 |
wireless 9-1-1 advisory board, consisting of the Ohio 9-1-1 | 2646 |
council appointee that represents public safety communications | 2647 |
officials and five members appointed by the governor as follows: | 2648 |
one of the council appointees that represents wireless service | 2649 |
providers in this state, whose council term expires after the | 2650 |
council term of the council appointee representing public safety | 2651 |
communications officials, one noncouncil representative of | 2652 |
wireless service providers in this state, one noncouncil | 2653 |
representative of public safety communications officials in this | 2654 |
state, and two noncouncil representatives of municipal and county | 2655 |
governments in this state. | 2656 |
(B) The terms of the advisory board members who are also | 2657 |
council members shall be concurrent with their terms as members of | 2658 |
the council, as prescribed under division (B) of section 4931.68 | 2659 |
5507.65 of the Revised Code. The terms of the initial noncouncil | 2660 |
appointee to the advisory board who represents wireless service | 2661 |
providers and of one of the initial noncouncil appointees who | 2662 |
represents municipal and county government shall expire on January | 2663 |
31, 2009. The terms of the initial noncouncil appointee to the | 2664 |
advisory board representing public safety communications officials | 2665 |
and of the other initial noncouncil appointee representing | 2666 |
municipal and county government shall expire on January 31, 2010. | 2667 |
Thereafter, terms of the noncouncil appointees shall be for three | 2668 |
years, with each term ending on the same day of the same month as | 2669 |
the term it succeeds. The conditions of holding office, manner of | 2670 |
filling vacancies, and other matters concerning service by any | 2671 |
member of the advisory board shall be the same as set forth for | 2672 |
council members under division (B) of section 4931.685507.65 of | 2673 |
the Revised Code. | 2674 |
The taxing authority of any subdivision at any time and in | 2707 |
any year, by vote of two-thirds of all the members of the taxing | 2708 |
authority, may declare by resolution and certify the resolution to | 2709 |
the board of elections not less than ninety days before the | 2710 |
election upon which it will be voted that the amount of taxes that | 2711 |
may be raised within the ten-mill limitation will be insufficient | 2712 |
to provide for the necessary requirements of the subdivision and | 2713 |
that it is necessary to levy a tax in excess of that limitation | 2714 |
for any of the following purposes: | 2715 |
(I) For the purpose of providing and maintaining fire | 2740 |
apparatus, appliances, buildings, or sites therefor, or sources of | 2741 |
water supply and materials therefor, or the establishment and | 2742 |
maintenance of lines of fire alarm telegraph, or the payment of | 2743 |
firefighting companies or permanent, part-time, or volunteer | 2744 |
firefighting, emergency medical service, administrative, or | 2745 |
communications personnel to operate the same, including the | 2746 |
payment of any employer contributions required for such personnel | 2747 |
under section 145.48 or 742.34 of the Revised Code, or the | 2748 |
purchase of ambulance equipment, or the provision of ambulance, | 2749 |
paramedic, or other emergency medical services operated by a fire | 2750 |
department or firefighting company; | 2751 |
(J) For the purpose of providing and maintaining motor | 2752 |
vehicles, communications, other equipment, buildings, and sites | 2753 |
for such buildings used directly in the operation of a police | 2754 |
department, or the payment of salaries of permanent or part-time | 2755 |
police, communications, or administrative personnel to operate the | 2756 |
same, including the payment of any employer contributions required | 2757 |
for such personnel under section 145.48 or 742.33 of the Revised | 2758 |
Code, or the payment of the costs incurred by townships as a | 2759 |
result of contracts made with other political subdivisions in | 2760 |
order to obtain police protection, or the provision of ambulance | 2761 |
or emergency medical services operated by a police department; | 2762 |
(Q) For the purpose of purchasing, acquiring, constructing, | 2780 |
enlarging, improving, equipping, repairing, maintaining, or | 2781 |
operating, or any combination of the foregoing, a county transit | 2782 |
system pursuant to sections 306.01 to 306.13 of the Revised Code, | 2783 |
or of making any payment to a board of county commissioners | 2784 |
operating a transit system or a county transit board pursuant to | 2785 |
section 306.06 of the Revised Code; | 2786 |
(EE) For the creation and operation of an office or joint | 2821 |
office of economic development, for any economic development | 2822 |
purpose of the office, and to otherwise provide for the | 2823 |
establishment and operation of a program of economic development | 2824 |
pursuant to sections 307.07 and 307.64 of the Revised Code, or to | 2825 |
the extent that the expenses of a county land reutilization | 2826 |
corporation organized under Chapter 1724. of the Revised Code are | 2827 |
found by the board of county commissioners to constitute the | 2828 |
promotion of economic development, for the payment of such | 2829 |
operations and expenses; | 2830 |
(HH) For a board of township trustees to acquire, other than | 2841 |
by appropriation, an ownership interest in land, water, or | 2842 |
wetlands, or to restore or maintain land, water, or wetlands in | 2843 |
which the board has an ownership interest, not for purposes of | 2844 |
recreation, but for the purposes of protecting and preserving the | 2845 |
natural, scenic, open, or wooded condition of the land, water, or | 2846 |
wetlands against modification or encroachment resulting from | 2847 |
occupation, development, or other use, which may be styled as | 2848 |
protecting or preserving "greenspace" in the resolution, notice of | 2849 |
election, or ballot form. Except as otherwise provided in this | 2850 |
division, land is not acquired for purposes of recreation, even if | 2851 |
the land is used for recreational purposes, so long as no | 2852 |
building, structure, or fixture used for recreational purposes is | 2853 |
permanently attached or affixed to the land. Except as otherwise | 2854 |
provided in this division, land that previously has been acquired | 2855 |
in a township for these greenspace purposes may subsequently be | 2856 |
used for recreational purposes if the board of township trustees | 2857 |
adopts a resolution approving that use and no building, structure, | 2858 |
or fixture used for recreational purposes is permanently attached | 2859 |
or affixed to the land. The authorization to use greenspace land | 2860 |
for recreational use does not apply to land located in a township | 2861 |
that had a population, at the time it passed its first greenspace | 2862 |
levy, of more than thirty-eight thousand within a county that had | 2863 |
a population, at that time, of at least eight hundred sixty | 2864 |
thousand. | 2865 |
A levy for one of the purposes set forth in division (G), | 2960 |
(I), (J), or (U) of this section may be reduced pursuant to | 2961 |
section 5705.261 or 5705.31 of the Revised Code. A levy for one of | 2962 |
the purposes set forth in division (G), (I), (J), or (U) of this | 2963 |
section may also be terminated or permanently reduced by the | 2964 |
taxing authority if it adopts a resolution stating that the | 2965 |
continuance of the levy is unnecessary and the levy shall be | 2966 |
terminated or that the millage is excessive and the levy shall be | 2967 |
decreased by a designated amount. | 2968 |
A resolution of a detention facility district, a district | 2969 |
organized under section 2151.65 of the Revised Code, or a combined | 2970 |
district organized under both sections 2151.65 and 2152.41 of the | 2971 |
Revised Code may include both current expenses and other purposes, | 2972 |
provided that the resolution shall apportion the annual rate of | 2973 |
levy between the current expenses and the other purpose or | 2974 |
purposes. The apportionment need not be the same for each year of | 2975 |
the levy, but the respective portions of the rate actually levied | 2976 |
each year for the current expenses and the other purpose or | 2977 |
purposes shall be limited by the apportionment. | 2978 |
Whenever a board of county commissioners, acting either as | 2979 |
the taxing authority of its county or as the taxing authority of a | 2980 |
sewer district or subdistrict created under Chapter 6117. of the | 2981 |
Revised Code, by resolution declares it necessary to levy a tax in | 2982 |
excess of the ten-mill limitation for the purpose of constructing, | 2983 |
improving, or extending sewage disposal plants or sewage systems, | 2984 |
the tax may be in effect for any number of years not exceeding | 2985 |
twenty, and the proceeds of the tax, notwithstanding the general | 2986 |
provisions of this section, may be used to pay debt charges on any | 2987 |
obligations issued and outstanding on behalf of the subdivision | 2988 |
for the purposes enumerated in this paragraph, provided that any | 2989 |
such obligations have been specifically described in the | 2990 |
resolution. | 2991 |
(B) Beginning in tax year 2005, a telephone company shall be | 3028 |
allowed a nonrefundable credit against the tax imposed by section | 3029 |
5733.06 of the Revised Code equal to the amount of its eligible | 3030 |
nonrecurring 9-1-1 charges. The credit shall be claimed for the | 3031 |
company's taxable year that covers the period in which the 9-1-1 | 3032 |
service for which the credit is claimed becomes available for use. | 3033 |
The credit shall be claimed in the order required by section | 3034 |
5733.98 of the Revised Code. If the credit exceeds the total taxes | 3035 |
due under section 5733.06 of the Revised Code for the tax year, | 3036 |
the tax commissioner shall credit the excess against taxes due | 3037 |
under that section for succeeding tax years until the full amount | 3038 |
of the credit is granted. | 3039 |
(C) After the last day a return, with any extensions, may be | 3040 |
filed by any telephone company that is eligible to claim a credit | 3041 |
under this section, the commissioner shall determine whether the | 3042 |
sum of the credits allowed for prior tax years commencing with tax | 3043 |
year 2005 plus the sum of the credits claimed for the current tax | 3044 |
year exceeds fifteen million dollars. If it does, the credits | 3045 |
allowed under this section for the current tax year shall be | 3046 |
reduced by a uniform percentage such that the sum of the credits | 3047 |
allowed for the current tax year do not exceed fifteen million | 3048 |
dollars claimed by all telephone companies for all tax years. | 3049 |
Thereafter, no credit shall be granted under this section, except | 3050 |
for the remaining portions of any credits allowed under division | 3051 |
(B) of this section. | 3052 |
(D) A telephone company that is entitled to carry forward a | 3053 |
credit against its public utility excise tax liability under | 3054 |
section 5727.39 of the Revised Code is entitled to carry forward | 3055 |
any amount of that credit remaining after its last public utility | 3056 |
excise tax payment for the period of July 1, 2003, through June | 3057 |
30, 2004, and claim that amount as a credit against its | 3058 |
corporation franchise tax liability under this section. Nothing in | 3059 |
this section authorizes a telephone company to claim a credit | 3060 |
under this section for any eligible nonrecurring 9-1-1 charges for | 3061 |
which it has already claimed a credit under this section or | 3062 |
section 5727.39 of the Revised Code. | 3063 |
Section 2. That existing sections 125.183, 167.03, 2307.64, | 3064 |
2913.01, 3745.13, 4742.01, 4905.30, 4927.03, 4927.15, 4931.40, | 3065 |
4931.41, 4931.42, 4931.43, 4931.44, 4931.45, 4931.46, 4931.47, | 3066 |
4931.48, 4931.49, 4931.50, 4931.51, 4931.52, 4931.53, 4931.54, | 3067 |
4931.60, 4931.61, 4931.62, 4931.63, 4931.64, 4931.65, 4931.651, | 3068 |
4931.66, 4931.67, 4931.68, 4931.69, 4931.75, 4931.99, 5705.19, and | 3069 |
5733.55 and section 4931.70 of the Revised Code are hereby | 3070 |
repealed. | 3071 |