As Reported by the House Public Utilities Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 360

Representative Rosenberger 

Cosponsors: Representatives Butler, Murray, Grossman, Adams, J., Ruhl, Gonzales 

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A BILL

To amend sections 167.03, 4927.03, 4927.15, 4931.40,

1

4931.41, 4931.44, 4931.49, 4931.50, 4931.60,

2

4931.61, 4931.62, 4931.63, 4931.64, 4931.65,

3

4931.66, 4931.67, 4931.69, and 4931.99, to enact

4

sections 4931.611, 4931.621, and 4931.622, and to

5

repeal section 4931.70 of the Revised Code to

6

revise the amount and methods of collection and

7

remittance of the wireless 9-1-1 charge for

8

prepaid wireless services, to take effect in 2013.

9

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

Section 1. That sections 167.03, 4927.03, 4927.15, 4931.40,	10
4931.41, 4931.44, 4931.49, 4931.50, 4931.60, 4931.61, 4931.62,	11
4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and 4931.99	12
be amended and sections 4931.611, 4931.621, and 4931.622 of the	13
Revised Code be enacted to read as follows:	14

Sec. 167.03.  (A) The council shall have the power to:

15

(1) Study such area governmental problems common to two or	16
more members of the council as it deems appropriate, including but	17
not limited to matters affecting health, safety, welfare,	18
education, economic conditions, and regional development;	19

(2) Promote cooperative arrangements and coordinate action	20
among its members, and between its members and other agencies of	21
local or state governments, whether or not within Ohio, and the	22
federal government;	23

(3) Make recommendations for review and action to the members	24
and other public agencies that perform functions within the	25
region;	26

(4) Promote cooperative agreements and contracts among its	27
members or other governmental agencies and private persons,	28
corporations, or agencies;	29

(5) Operate a public safety answering point in accordance	30
with sections 4931.40 to 4931.704931.69 of the Revised Code;	31

(6) Perform planning directly by personnel of the council, or	32
under contracts between the council and other public or private	33
planning agencies.	34

(B) The council may:

35

(1) Review, evaluate, comment upon, and make recommendations,	36
relative to the planning and programming, and the location,	37
financing, and scheduling of public facility projects within the	38
region and affecting the development of the area;	39

(2) Act as an areawide agency to perform comprehensive	40
planning for the programming, locating, financing, and scheduling	41
of public facility projects within the region and affecting the	42
development of the area and for other proposed land development or	43
uses, which projects or uses have public metropolitan wide or	44
interjurisdictional significance;	45

(3) Act as an agency for coordinating, based on metropolitan	46
wide comprehensive planning and programming, local public	47
policies, and activities affecting the development of the region	48
or area.	49

(C) The council may, by appropriate action of the governing	50
bodies of the members, perform such other functions and duties as	51
are performed or capable of performance by the members and	52
necessary or desirable for dealing with problems of mutual	53
concern.	54

(D) The authority granted to the council by this section or	55
in any agreement by the members thereof shall not displace any	56
existing municipal, county, regional, or other planning commission	57
or planning agency in the exercise of its statutory powers.	58

Sec. 4927.03. (A) Except as provided in divisions (A) and (B)	59
of section 4927.04 of the Revised Code and except to the extent	60
required to exercise authority under federal law, the commission	61
has no authority over any interconnected voice over internet	62
protocol-enabled service or any telecommunications service that is	63
not commercially available on the effective date of this section	64
September 13, 2010, and that employs technology that became	65
available for commercial use only after the effective date of this	66
sectionSeptember 13, 2010, unless the commission, upon a finding	67
that the exercise of the commission's authority is necessary for	68
the protection, welfare, and safety of the public, adopts rules	69
specifying the necessary regulation. A consumer purchase of a	70
service that is not commercially available on the effective date	71
of this sectionSeptember 13, 2010, and that employs technology	72
that became available for commercial use only after the effective	73
date of this sectionSeptember 13, 2010, shall constitute a	74
consumer transaction for purposes of sections 1345.01 to 1345.13	75
of the Revised Code, notwithstanding any provision of those	76
sections to the contrary, unless the commission exercises	77
jurisdiction over the service in accordance with this division.	78
Notwithstanding any contrary provision of Chapter 4911. of the	79
Revised Code, to the extent that the commission adopts rules under	80
division (A) of this section regarding any interconnected voice	81
over internet protocol enabled service provided to residential	82
customers or regarding any telecommunications service that is	83
provided to residential customers, that is not commercially	84
available on the effective date of this sectionSeptember 13,	85
2010, and that employs technology that became available for	86
commercial use only after the effective date of this section	87
September 13, 2010, the office of the consumers' counsel shall	88
have authority to assist and represent residential customers in	89
the implementation and enforcement of those rules.	90

(B)(1) The commission has no authority over wireless service,	91
resellers of wireless service, or wireless service providers,	92
except as follows:	93

(a) As provided under sections 4905.84, 4931.40 to 4931.70	94
4931.69, and 4931.99 of the Revised Code;	95

(b) With respect to division (C) of section 4927.15 of the	96
Revised Code;	97

(c) As provided in divisions (B)(2), (3), and (4) of this	98
section.	99

(2) The commission has authority over wireless service and	100
wireless service providers as follows, but only to the extent	101
authorized by federal law, including federal regulations:	102

(a) To the extent that the commission carries out the acts	103
described in divisions (A), (B), (C), (D), and (F) of section	104
4927.04 of the Revised Code;	105

(b) As provided in sections 4927.05, 4927.20, and 4927.21 of	106
the Revised Code.	107

(3) The requirements of sections 4905.10, 4905.14, and	108
4911.18 of the Revised Code shall apply to a wireless service	109
provider.	110

(4) The commission has such authority as is necessary to	111
enforce division (B) of this section.	112

(C) For purposes of sections 4927.01 to 4927.21 of the	113
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25,	114
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17,	115
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32,	116
4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54,	117
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to	118
a telephone company or, as applicable, to an officer, employee, or	119
agent of such company or provider, except to the extent necessary	120
for the commission to carry out sections 4927.01 to 4927.21 of the	121
Revised Code.	122

(D) Except as specifically authorized in sections 4927.01 to	123
4927.21 of the Revised Code, the commission has no authority over	124
the quality of service and the service rates, terms, and	125
conditions of telecommunications service provided to end users by	126
a telephone company.	127

(E) The commission shall initially adopt the rules required	128
by this chapter not later than one hundred twenty days after the	129
effective date of this sectionSeptember 13, 2010. Subject to the	130
authority granted to the commission under this chapter, the	131
commission may adopt other rules, including rules regarding the	132
removal from tariffs of services that were required to be filed in	133
tariffs prior to the effective date of this sectionSeptember 13,	134
2010, as it finds necessary to carry out this chapter.	135

Sec. 4927.15.  (A) The rates, terms, and conditions for 9-1-1	136
service provided in this state by a telephone company or a	137
telecommunications carrier and each of the following provided in	138
this state by a telephone company shall be approved and tariffed	139
in the manner prescribed by rule adopted by the public utilities	140
commission and shall be subject to the applicable laws, including	141
rules or regulations adopted and orders issued by the commission	142
or the federal communications commission and, including, as to	143
9-1-1 service, sections 4931.40 to 4931.704931.69 and 4931.99 of	144
the Revised Code:	145

(1) Carrier access;

146

(2) N-1-1 services, other than 9-1-1 service;

147

(3) Pole attachments and conduit occupancy under section	148
4905.71 of the Revised Code;	149

(4) Pay telephone access lines;

150

(5) Toll presubscription;

151

(6) Telecommunications relay service.

152

(B) The public utilities commission may order changes in a	153
telephone company's rates for carrier access in this state subject	154
to this division. In the event that the public utilities	155
commission reduces a telephone company's rates for carrier access	156
that are in effect on the effective date of this sectionSeptember	157
13, 2010, that reduction shall be on a revenue-neutral basis under	158
terms and conditions established by the public utilities	159
commission, and any resulting rate changes necessary to comply	160
with division (B) or (C) of this section shall be in addition to	161
any upward rate alteration made under section 4927.12 of the	162
Revised Code.	163

(C) The public utilities commission has authority to address	164
carrier access policy and to create and administer mechanisms for	165
carrier access reform, including, but not limited to, high cost	166
support.	167

Sec. 4931.40.  As used in sections 4931.40 to 4931.704931.69	168
of the Revised Code:	169

(A) "9-1-1 system" means a system through which individuals	170
can request emergency service using the telephone number 9-1-1.	171

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	172
provides information on the nature of and the location of an	173
emergency, and the personnel receiving the call must determine the	174
appropriate emergency service provider to respond at that	175
location.	176

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	177
providing both enhanced wireline 9-1-1 and wireless enhanced	178
9-1-1.	179

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	180
the wireline telephone network, in providing wireline 9-1-1,	181
automatically routes the call to emergency service providers that	182
serve the location from which the call is made and immediately	183
provides to personnel answering the 9-1-1 call information on the	184
location and the telephone number from which the call is being	185
made.	186

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	187
providing wireless 9-1-1, has the capabilities of phase I and, to	188
the extent available, phase II enhanced 9-1-1 services as	189
described in 47 C.F.R. 20.18 (d) to (h).	190

(F)(1) "Wireless service" means federally licensed commercial	191
mobile service as defined in 47 U.S.C. 332(d) and further defined	192
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	193
service provided by any wireless, two-way communications device,	194
including a radio-telephone communications line used in cellular	195
telephone service or personal communications service, a network	196
radio access line, or any functional or competitive equivalent of	197
such a radio-telephone communications or network radio access	198
line.	199

(2) Nothing in sections 4931.40 to 4931.704931.69 of the	200
Revised Code applies to paging or any service that cannot be used	201
to call 9-1-1.	202

(G) "Wireless service provider" means a facilities-based	203
provider of wireless service to one or more end users in this	204
state.	205

(H) "Wireless 9-1-1" means the emergency calling service	206
provided by a 9-1-1 system pursuant to a call originating in the	207
network of a wireless service provider.	208

(I) "Wireline 9-1-1" means the emergency calling service	209
provided by a 9-1-1 system pursuant to a call originating in the	210
network of a wireline service provider.	211

(J) "Wireline service provider" means a facilities-based	212
provider of wireline service to one or more end-users in this	213
state.	214

(K) "Wireline service" means basic local exchange service, as	215
defined in section 4927.01 of the Revised Code, that is	216
transmitted by means of interconnected wires or cables by a	217
wireline service provider authorized by the public utilities	218
commission.	219

(L) "Wireline telephone network" means the selective router	220
and data base processing systems, trunking and data wiring cross	221
connection points at the public safety answering point, and all	222
other voice and data components of the 9-1-1 system.	223

(M) "Subdivision" means a county, municipal corporation,	224
township, township fire district, joint fire district, township	225
police district, joint police district, joint ambulance district,	226
or joint emergency medical services district that provides	227
emergency service within its territory, or that contracts with	228
another municipal corporation, township, or district or with a	229
private entity to provide such service; and a state college or	230
university, port authority, or park district of any kind that	231
employs law enforcement officers that act as the primary police	232
force on the grounds of the college or university or port	233
authority or in the parks operated by the district.	234

(N) "Emergency service" means emergency law enforcement,	235
firefighting, ambulance, rescue, and medical service.	236

(O) "Emergency service provider" means the state highway	237
patrol and an emergency service department or unit of a	238
subdivision or that provides emergency service to a subdivision	239
under contract with the subdivision.	240

(P) "Public safety answering point" means a facility to which	241
9-1-1 system calls for a specific territory are initially routed	242
for response and where personnel respond to specific requests for	243
emergency service by directly dispatching the appropriate	244
emergency service provider, relaying a message to the appropriate	245
provider, or transferring the call to the appropriate provider.	246

(Q) "Customer premises equipment" means telecommunications	247
equipment, including telephone instruments, on the premises of a	248
public safety answering point that is used in answering and	249
responding to 9-1-1 system calls.	250

(R) "Municipal corporation in the county" includes any	251
municipal corporation that is wholly contained in the county and	252
each municipal corporation located in more than one county that	253
has a greater proportion of its territory in the county to which	254
the term refers than in any other county.	255

(S) "Board of county commissioners" includes the legislative	256
authority of a county established under Section 3 of Article X,	257
Ohio Constitution, or Chapter 302. of the Revised Code.	258

(T) "Final plan" means a final plan adopted under division	259
(B) of section 4931.44 of the Revised Code and, except as	260
otherwise expressly provided, an amended final plan adopted under	261
section 4931.45 of the Revised Code.	262

(U) "Subdivision served by a public safety answering point"	263
means a subdivision that provides emergency service for any part	264
of its territory that is located within the territory of a public	265
safety answering point whether the subdivision provides the	266
emergency service with its own employees or pursuant to a	267
contract.	268

(V) A township's population includes only population of the	269
unincorporated portion of the township.	270

(W) "Telephone company" means a company engaged in the	271
business of providing local exchange telephone service by making	272
available or furnishing access and a dial tone to persons within a	273
local calling area for use in originating and receiving voice	274
grade communications over a switched network operated by the	275
provider of the service within the area and gaining access to	276
other telecommunications services. "Telephone company" includes a	277
wireline service provider and a wireless service provider unless	278
otherwise expressly specified. For purposes of sections 4931.52	279
and 4931.53 of the Revised Code, "telephone company" means a	280
wireline service provider.	281

(X) "Prepaid wireless calling service" has the same meaning	282
as in division (AA)(5) of section 5739.01 of the Revised Code.	283

(Y) "Provider of a prepaid wireless calling service" means a	284
wireless service provider that provides a prepaid wireless calling	285
service.	286

(Z) "Retail sale" has the same meaning as in section 5739.01	287
of the Revised Code.	288

(AA) "Seller" means a person that sells a prepaid wireless	289
calling service to another person by retail sale.	290

Sec. 4931.41.  (A)(1) A countywide 9-1-1 system shall include	291
all of the territory of the townships and municipal corporations	292
in the county and any portion of such a municipal corporation that	293
extends into an adjacent county.	294

(2) The system shall exclude any territory served by a	295
wireline service provider that is not capable of reasonably	296
meeting the technical and economic requirements of providing the	297
wireline telephone network portion of the countywide system for	298
that territory. The system shall exclude from enhanced 9-1-1 any	299
territory served by a wireline service provider that is not	300
capable of reasonably meeting the technical and economic	301
requirements of providing the wireline telephone network portion	302
of enhanced 9-1-1 for that territory. If a 9-1-1 planning	303
committee and a wireline service provider do not agree on whether	304
the provider is so capable, the committee shall notify the public	305
utilities commission, and the commission shall determine whether	306
the wireline service provider is so capable. The committee shall	307
ascertain whether such disagreement exists before making its	308
implementation proposal under division (A) of section 4931.43 of	309
the Revised Code. The commission's determination shall be in the	310
form of an order. No final plan shall require a wireline service	311
provider to provide the wireline telephone network portion of a	312
9-1-1 system that the commission has determined the provider is	313
not reasonably capable of providing.	314

(B) A countywide 9-1-1 system may be a basic or enhanced	315
9-1-1 system, or a combination of the two, and shall be for the	316
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	317

(C) Every emergency service provider that provides emergency	318
service within the territory of a countywide 9-1-1 system shall	319
participate in the countywide system.	320

(D)(1) Each public safety answering point shall be operated	321
by a subdivision or a regional council of governments and shall be	322
operated constantly.	323

(2) A subdivision or a regional council of governments that	324
operates a public safety answering point shall pay all of the	325
costs associated with establishing, equipping, furnishing,	326
operating, and maintaining that facility and shall allocate those	327
costs among itself and the subdivisions served by the answering	328
point based on the allocation formula in a final plan. The	329
wireline service provider or other entity that provides or	330
maintains the customer premises equipment shall bill the operating	331
subdivision or the operating regional council of governments for	332
the cost of providing such equipment, or its maintenance. A	333
wireless service provider and a subdivision or regional council of	334
governments operating a public safety answering point may enter	335
into a service agreement for providing wireless enhanced 9-1-1	336
pursuant to a final plan adopted under sections 4931.40 to 4931.70	337
4931.69 of the Revised Code.	338

(E) Except to the extent provided in a final plan that	339
provides for funding of a 9-1-1 system in part through charges	340
imposed under section 4931.51 of the Revised Code, each	341
subdivision served by a public safety answering point shall pay	342
the subdivision or regional council of governments that operates	343
the answering point the amount computed in accordance with the	344
allocation formula set forth in the final plan.	345

(F) Notwithstanding any other provision of law, the purchase	346
or other acquisition, installation, and maintenance of the	347
telephone network for a 9-1-1 system and the purchase or other	348
acquisition, installation, and maintenance of customer premises	349
equipment at a public safety answering point made in compliance	350
with a final plan or an agreement under section 4931.48 of the	351
Revised Code, including customer premises equipment used to	352
provide wireless enhanced 9-1-1, are not subject to any	353
requirement of competitive bidding.	354

(G) Each emergency service provider participating in a	355
countywide 9-1-1 system shall maintain a telephone number in	356
addition to 9-1-1.	357

(H) Whenever a final plan provides for the implementation of	358
basic 9-1-1, the planning committee shall so notify the public	359
utilities commission, which shall determine whether the wireline	360
service providers serving the territory covered by the plan are	361
capable of reasonably meeting the technical and economic	362
requirements of providing the wireline telephone network portion	363
of an enhanced 9-1-1 system. The determination shall be made	364
solely for purposes of division (C)(2) of section 4931.47 of the	365
Revised Code.	366

(I) If the public safety answering point personnel reasonably	367
determine that a 9-1-1 call is not an emergency, the personnel	368
shall provide the caller with the telephone number of an	369
appropriate subdivision agency as applicable.	370

(J) A final plan adopted under sections 4931.40 to 4931.70	371
4931.69 of the Revised Code, or an agreement under section 4931.48	372
of the Revised Code, may provide that, by further agreement	373
included in the plan or agreement, the state highway patrol or one	374
or more public safety answering points of another 9-1-1 system is	375
the public safety answering point or points for the provision of	376
wireline or wireless 9-1-1 for all or part of the territory of the	377
9-1-1 system established under the plan or agreement. In that	378
event, the subdivision for which the wireline or wireless 9-1-1 is	379
provided as named in the agreement shall be deemed the subdivision	380
operating the public safety answering point or points for purposes	381
of sections 4931.40 to 4931.704931.69 of the Revised Code, except	382
that, for the purpose of division (D)(2) of this section, that	383
subdivision shall pay only so much of the costs of establishing,	384
equipping, furnishing, operating, or maintaining any such public	385
safety answering point as are specified in the agreement with the	386
patrol or other system.	387

(K) A final plan for the provision of wireless enhanced 9-1-1	388
shall provide that any wireless 9-1-1 calls routed to a state	389
highway patrol-operated public safety answering point by default,	390
due to a wireless service provider so routing all such calls of	391
its subscribers without prior permission, are instead to be routed	392
as provided under the plan. Upon the implementation of countywide	393
wireless enhanced 9-1-1 pursuant to a final plan, the state	394
highway patrol shall cease any functioning as a public safety	395
answering point providing wireless 9-1-1 within the territory	396
covered by the countywide 9-1-1 system so established, unless the	397
patrol functions as a public safety answering point providing	398
wireless enhanced 9-1-1 pursuant to an agreement included in the	399
plan as authorized under division (J) of this section.	400

Sec. 4931.44.  (A) Within sixty days after receipt of the	401
final plan pursuant to division (C) of section 4931.43 of the	402
Revised Code, the board of county commissioners of the county and	403
the legislative authority of each municipal corporation in the	404
county and of each township whose territory is proposed to be	405
included in a countywide 9-1-1 system shall act by resolution to	406
approve or disapprove the plan, except that, with respect to a	407
final plan that provides for funding of the 9-1-1 system in part	408
through charges imposed under section 4931.51 of the Revised Code,	409
the board of county commissioners shall not act by resolution to	410
approve or disapprove the plan until after a resolution adopted	411
under section 4931.51 of the Revised Code has become effective as	412
provided in division (D) of that section. A municipal corporation	413
or township whose territory is proposed to be included in the	414
system includes any municipal corporation or township in which a	415
part of its territory is excluded pursuant to division (A)(2) of	416
section 4931.41 of the Revised Code. Each such authority	417
immediately shall notify the board of county commissioners in	418
writing of its approval or disapproval of the final plan. Failure	419
by a board or legislative authority to notify the board of county	420
commissioners of approval or disapproval within such sixty-day	421
period shall be deemed disapproval by the board or authority.	422

(B) As used in this division, "county's population" excludes	423
the population of any municipal corporation or township that,	424
under the plan, is completely excluded from 9-1-1 service in the	425
county's final plan. A countywide plan is effective if all of the	426
following entities approve the plan in accordance with this	427
section:	428

(1) The board of county commissioners;

429

(2) The legislative authority of a municipal corporation that	430
contains at least thirty per cent of the county's population, if	431
any;	432

(3) The legislative authorities of municipal corporations and	433
townships that contain at least sixty per cent of the county's	434
population or, if the plan has been approved by a municipal	435
corporation that contains at least sixty per cent of the county's	436
population, by the legislative authorities of municipal	437
corporations and townships that contain at least seventy-five per	438
cent of the county's population.	439

(C) After a countywide plan approved in accordance with this	440
section is adopted, all of the telephone companies, subdivisions,	441
and regional councils of governments included in the plan are	442
subject to the specific requirements of the plan and to sections	443
4931.40 to 4931.704931.69 of the Revised Code.	444

Sec. 4931.49.  (A)(1) The state, the state highway patrol, a	445
subdivision, or a regional council of governments participating in	446
a 9-1-1 system established under sections 4931.40 to 4931.70	447
4931.69 of the Revised Code and any officer, agent, employee, or	448
independent contractor of the state, the state highway patrol, or	449
such a participating subdivision or regional council of	450
governments is not liable in damages in a civil action for	451
injuries, death, or loss to persons or property arising from any	452
act or omission, except willful or wanton misconduct, in	453
connection with developing, adopting, or approving any final plan	454
or any agreement made under section 4931.48 of the Revised Code or	455
otherwise bringing into operation the 9-1-1 system pursuant to	456
sections 4931.40 to 4931.704931.69 of the Revised Code.	457

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	458
board, and any member of that council or board are not liable in	459
damages in a civil action for injuries, death, or loss to persons	460
or property arising from any act or omission, except willful or	461
wanton misconduct, in connection with the development or operation	462
of a 9-1-1 system established under sections 4931.40 to 4931.70	463
4931.69 of the Revised Code.	464

(B) Except as otherwise provided in section 4765.49 of the	465
Revised Code, an individual who gives emergency instructions	466
through a 9-1-1 system established under sections 4931.40 to	467
4931.704931.69 of the Revised Code, and the principals for whom	468
the person acts, including both employers and independent	469
contractors, public and private, and an individual who follows	470
emergency instructions and the principals for whom that person	471
acts, including both employers and independent contractors, public	472
and private, are not liable in damages in a civil action for	473
injuries, death, or loss to persons or property arising from the	474
issuance or following of emergency instructions, except where the	475
issuance or following of the instructions constitutes willful or	476
wanton misconduct.	477

(C) Except for willful or wanton misconduct, a telephone	478
company, and any other installer, maintainer, or provider, through	479
the sale or otherwise, of customer premises equipment, and their	480
respective officers, directors, employees, agents, and suppliers	481
are not liable in damages in a civil action for injuries, death,	482
or loss to persons or property incurred by any person resulting	483
from any of the following:	484

(1) Such an entity's or its officers', directors',	485
employees', agents', or suppliers' participation in or acts or	486
omissions in connection with participating in or developing,	487
maintaining, or operating a 9-1-1 system, whether that system is	488
established pursuant to sections 4931.40 to 4931.704931.69 of the	489
Revised Code or otherwise in accordance with schedules regarding	490
9-1-1 systems filed with the public utilities commission pursuant	491
to section 4905.30 of the Revised Code by a telephone company that	492
is a wireline service provider;	493

(2) Such an entity's or its officers', directors',	494
employees', agents', or suppliers' provision of assistance to a	495
public utility, municipal utility, or state or local government as	496
authorized by divisions (F)(G)(4) and (5) of this section.	497

(D) Except for willful or wanton misconduct, a provider of	498
and a seller of a prepaid wireless calling service and their	499
respective officers, directors, employees, agents, and suppliers	500
are not liable in damages in a civil action for injuries, death,	501
or loss to persons or property incurred by any person resulting	502
from anything described in division (C) of this section.	503

(E) No person shall knowingly use the telephone number of a	504
9-1-1 system established under sections 4931.40 to 4931.704931.69	505
of the Revised Code to report an emergency if the person knows	506
that no emergency exists.	507

(E)(F) No person shall knowingly use a 9-1-1 system for a	508
purpose other than obtaining emergency service.	509

(F)(G) No person shall disclose or use any information	510
concerning telephone numbers, addresses, or names obtained from	511
the data base that serves the public safety answering point of a	512
9-1-1 system established under sections 4931.40 to 4931.704931.69	513
of the Revised Code, except for any of the following purposes or	514
under any of the following circumstances:	515

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

516

(2) For the purpose of responding to an emergency call to an	517
emergency service provider;	518

(3) In the circumstance of the inadvertent disclosure of such	519
information due solely to technology of the wireline telephone	520
network portion of the 9-1-1 system not allowing access to the	521
data base to be restricted to 9-1-1 specific answering lines at a	522
public safety answering point;	523

(4) In the circumstance of access to a data base being given	524
by a telephone company that is a wireline service provider to a	525
public utility or municipal utility in handling customer calls in	526
times of public emergency or service outages. The charge, terms,	527
and conditions for the disclosure or use of such information for	528
the purpose of such access to a data base shall be subject to the	529
jurisdiction of the public utilities commission.	530

(5) In the circumstance of access to a data base given by a	531
telephone company that is a wireline service provider to a state	532
and local government in warning of a public emergency, as	533
determined by the public utilities commission. The charge, terms,	534
and conditions for the disclosure or use of that information for	535
the purpose of access to a data base is subject to the	536
jurisdiction of the public utilities commission.	537

Sec. 4931.50. (A) The attorney general, upon request of the	538
public utilities commission or on the attorney general's own	539
initiative, shall begin proceedings against a telephone company	540
that is a wireline service provider to enforce compliance with	541
sections 4931.40 to 4931.704931.69 of the Revised Code or with	542
the terms, conditions, requirements, or specifications of a final	543
plan or of an agreement under section 4931.48 of the Revised Code	544
as to wireline or wireless 9-1-1.	545

(B) The attorney general, upon the attorney general's own	546
initiative, or any prosecutor, upon the prosecutor's initiative,	547
shall begin proceedings against a subdivision or a regional	548
council of governments as to wireline or wireless 9-1-1 to enforce	549
compliance with sections 4931.40 to 4931.704931.69 of the Revised	550
Code or with the terms, conditions, requirements, or	551
specifications of a final plan or of an agreement under section	552
4931.48 of the Revised Code as to wireline or wireless 9-1-1.	553

Sec. 4931.60.  There is hereby created within the public	554
utilities commission the 9-1-1 service program, headed by an Ohio	555
9-1-1 coordinator in the unclassified civil service pursuant to	556
division (A)(9) of section 124.11 of the Revised Code. The	557
coordinator shall be appointed by and serve at the pleasure of the	558
commission chairperson and shall report directly to the	559
chairperson. Upon the effective date of this sectionOn May 6,	560
2005, the chairperson shall appoint an interim coordinator and,	561
upon submission of a list of nominees by the Ohio 9-1-1 council	562
pursuant to section 4931.69 of the Revised Code, shall consider	563
those nominees in making the final appointment and in appointing	564
any subsequent coordinator. The chairperson may request the	565
council to submit additional nominees and may reject any of the	566
nominees. The chairperson shall fix the compensation of the	567
coordinator. The chairperson shall evaluate the performance of the	568
coordinator after considering the evaluation and recommendations	569
of the council under section 4931.68 of the Revised Code.	570

The Ohio 9-1-1 coordinator shall administer the wireless	571
9-1-1 government assistance fund as specified in sections 4931.63	572
and 4931.64 of the Revised Code and otherwise carry out the	573
coordinator's duties under sections 4931.60 to 4931.704931.69 of	574
the Revised Code. The chairperson may establish additional duties	575
of the coordinator based on a list of recommended duties submitted	576
by the Ohio 9-1-1 council pursuant to section 4931.68 of the	577
Revised Code. The chairperson may assign one or more commission	578
employees to assist the coordinator in carrying out the	579
coordinator's duties.	580

Sec. 4931.61. (A) Beginning on the first day of the third	581
month following May 6, 2005, and ending December 31, 2012, there	582
is hereby imposed, on each wireless telephone number of a wireless	583
service subscriber who has a billing address in this state, except	584
prepaid wireless telephone numbers, a wireless 9-1-1 charge of	585
twenty-eight cents per month. The subscriber shall pay the	586
wireless 9-1-1 charge for each such wireless telephone number	587
assigned to the subscriber. Each wireless service provider and	588
each reseller of wireless service shall collect the wireless 9-1-1	589
charge as a specific line item on each subscriber's monthly bill.	590
The line item shall be expressly designated "State/Local	591
Wireless-E911 Costs ($0.28/billed number)." If a provider bills a	592
subscriber for any wireless enhanced 9-1-1 costs that the provider	593
may incur, the charge or amount is not to appear in the same line	594
item as the state/local line item. If the charge or amount is to	595
appear in its own, separate line item on the bill, the charge or	596
amount shall be expressly designated "[Name of Provider] Federal	597
Wireless-E911 Costs." For any subscriber of prepaid wireless	598
service, a wireless service provider or reseller shall collect the	599
wireless 9-1-1 charge in any of the following manners:	600

(1) At the point of sale. For purposes of prepaid wireless	601
services, point of sale includes the purchasing of additional	602
minutes by the subscriber along with any necessary activation of	603
those minutes.	604

(2) If the subscriber has a positive account balance on the	605
last day of the month and has used the service during that month,	606
by reducing that balance not later than the end of the first week	607
of the following month by the amount of the charge or an	608
equivalent number of airtime minutes;	609

(3) By dividing the total earned prepaid wireless telephone	610
revenue from sales within this state received by the wireless	611
service provider or reseller during the month by fifty,	612
multiplying the quotient by twenty-eight cents, and remitting this	613
amount pursuant to division (A)(1) of section 4931.62 of the	614
Revised Code.	615

(B)(1) Ending at the same time as the fee imposed under	616
division (A) of this section, there is hereby imposed, on each	617
retail sale of a prepaid wireless calling service occurring in	618
this state, a wireless 9-1-1 charge of fifty-six hundredths of a	619
per cent of the sale price.	620

(2) For purposes of division (B)(1) of this section, a retail	621
sale occurs in this state if it is effected by the consumer	622
appearing in person at a seller's business location in this state,	623
or if the sale is sourced to this state under division (E)(3) of	624
section 5739.034 of the Revised Code, except that under that	625
division, in lieu of sourcing a sale under division (C)(5) of	626
section 5739.033 of the Revised Code, the seller, rather than the	627
service provider, may elect to source the sale to the location	628
associated with the mobile telephone number.	629

(3) Except as provided in division (B)(4)(c) of this section,	630
the seller of the prepaid wireless calling service shall collect	631
the charge from the consumer at the time of each retail sale and	632
disclose the amount of the charge to the consumer at the time of	633
the sale by itemizing the charge on the receipt, invoice, or	634
similar form of written documentation provided to the consumer.	635

(4) When a prepaid wireless calling service is sold with one	636
or more other products or services for a single, nonitemized	637
price, the wireless 9-1-1 charge imposed under division (B)(1) of	638
this section shall apply to the entire nonitemized price, except	639
as provided in divisions (B)(4)(a) to (c) of this section.	640

(a) If the amount of the prepaid wireless calling service is	641
disclosed to the consumer as a dollar amount, the seller may elect	642
to apply the charge only to that dollar amount.	643

(b) If the seller can identify the portion of the nonitemized	644
price that is attributable to the prepaid wireless calling	645
service, by reasonable and verifiable standards from the seller's	646
books and records that are kept in the regular course of business	647
for other purposes, including nontax purposes, the seller may	648
elect to apply the charge only to that portion.	649

(c) If a minimal amount of a prepaid wireless calling service	650
is sold with a prepaid wireless calling device for the single,	651
nonitemized price, the seller may elect not to collect the charge.	652
As used in this division, "minimal" means either ten minutes or	653
less or five dollars or less.	654

(C) The wireless 9-1-1 chargecharges shall be exempt from	655
state or local taxation.	656

Sec. 4931.611.  The tax commissioner shall provide notice to	657
all known sellers of prepaid wireless calling services of any	658
increase or decrease in the wireless 9-1-1 charge imposed under	659
division (B)(1) of section 4931.61 of the Revised Code. Each	660
notice shall be provided not less than thirty days before the	661
effective date of the increase or decrease.	662

Sec. 4931.62. (A)(1) Beginning with the second month	663
following the month in which the wireless 9-1-1 charge is first	664
imposed under division (A) of section 4931.61 of the Revised Code,	665
a wireless service provider or reseller of wireless service, not	666
later than the last day of each month, shall remit the full amount	667
of all such wireless 9-1-1 charges it collected for the second	668
preceding calendar month to the Ohio 9-1-1 coordinator, with the	669
exception of charges equivalent to the amount authorized as a	670
billing and collection fee under division (A)(2) of this section.	671
In doing so, the provider or reseller may remit the requisite	672
amount in any reasonable manner consistent with its existing	673
operating or technological capabilities, such as by customer	674
address, location associated with the wireless telephone number,	675
or another allocation method based on comparable, relevant data.	676
If the wireless service provider or reseller receives a partial	677
payment for a bill from a wireless service subscriber, the	678
wireless service provider or reseller shall apply the payment	679
first against the amount the subscriber owes the wireless service	680
provider or reseller and shall remit to the coordinator such	681
lesser amount, if any, as results from that invoice.	682

(2) A wireless service provider or reseller of wireless	683
service may retain as a billing and collection fee two per cent of	684
the total wireless 9-1-1 charges it collects in any month and	685
shall account to the coordinator for the amount retained.	686

(3) The coordinator shall return to, or credit against the	687
next month's remittance of, a wireless service provider or service	688
reseller the amount of any remittances the coordinator determines	689
were erroneously submitted by the provider or reseller.	690

(B)(1) Subject to division (B)(2) of this section, each	691
seller of a prepaid wireless calling service required to collect	692
prepaid wireless 9-1-1 charges under division (B) of section	693
4931.61 of the Revised Code shall, on or before the twenty-third	694
day of each month, except as provided in divisions (B)(2)(b), (c),	695
and (d) of this section, do both of the following:	696

(a) Make and file a return for the preceding month, in the	697
form prescribed by the tax commissioner, showing the amount of the	698
charges collected during that month;	699

(b) Remit the full amount due, as shown on the return.

700

(2)(a) The return required under division (B)(1)(a) of this	701
section shall be filed electronically using the Ohio business	702
gateway, as defined in section 718.051 of the Revised Code, the	703
Ohio telefile system, or any other electronic means prescribed by	704
the tax commissioner. Payment of the amount due shall be made	705
electronically in a manner approved by the commissioner. A seller	706
may apply to the commissioner on a form prescribed by the	707
commissioner to be excused from either electronic requirement of	708
this division. For good cause shown, the commissioner may excuse	709
the seller from either or both of the requirements and may permit	710
the seller to file returns or make payments by nonelectronic	711
means.	712

(b) The commissioner may extend the time for making and	713
filing returns and paying amounts due.	714

(c) The commissioner may require that the return for the last	715
month of any annual or semiannual period, as determined by the	716
commissioner, be a reconciliation return detailing the prepaid	717
wireless 9-1-1 charges collected during the preceding annual or	718
semiannual period. A reconciliation return shall be filed on or	719
before the last day of the month following the last month of the	720
annual or semiannual period.	721

(d) If a seller is required to collect prepaid wireless 9-1-1	722
charges in amounts that do not merit monthly returns, the	723
commissioner may authorize the seller to make and file returns	724
less frequently. The commissioner shall ascertain whether this	725
authorization is warranted upon the basis of administrative costs	726
to the state.	727

(e) A seller may retain as a collection fee three per cent of	728
the total wireless 9-1-1 charges described in division (B)(1) of	729
this section, and shall account to the department for the amount	730
retained.	731

(C)(1) Each subscriber on which a wireless 9-1-1 charge is	732
imposed under division (A) of section 4931.61 of the Revised Code	733
is liable to the state for the amount of the charge. If a wireless	734
service provider or reseller fails to collect the charge under	735
that division from a subscriber of prepaid wireless service, or	736
fails to bill any other subscriber for the charge imposed under	737
division (A) of section 4931.61 of the Revised Code, the wireless	738
service provider or reseller is liable to the state for the amount	739
not collected or billed. If a wireless service provider or	740
reseller collects charges under that division and fails to remit	741
the money to the coordinator, the wireless service provider or	742
reseller is liable to the state for any amount collected and not	743
remitted.	744

(C)(2) No provider of a prepaid wireless calling service	745
shall be liable to the state for any wireless 9-1-1 charge imposed	746
under division (B)(1) of section 4931.61 of the Revised Code that	747
was not collected or remitted.	748

(D)(1) If the public utilities commission has reason to	749
believe that a wireless service provider or reseller has failed to	750
bill, collect, or remit the wireless 9-1-1 charge as required by	751
divisions (A)(1) and (B)(C)(1) of this section or has retained	752
more than the amount authorized under division (A)(2) of this	753
section, and after written notice to the provider or reseller, the	754
commission may audit the provider or reseller for the sole purpose	755
of making such a determination. The audit may include, but is not	756
limited to, a sample of the provider's or reseller's billings,	757
collections, remittances, or retentions for a representative	758
period, and the commission shall make a good faith effort to reach	759
agreement with the provider or reseller in selecting that sample.	760

(2) Upon written notice to the wireless service provider or	761
reseller, the commission, by order after completion of the audit,	762
may make an assessment against the provider or reseller if,	763
pursuant to the audit, the commission determines that the provider	764
or reseller has failed to bill, collect, or remit the wireless	765
9-1-1 charge as required by divisions (A)(1) and (B)(C)(1) of this	766
section or has retained more than the amount authorized under	767
division (A)(2) of this section. The assessment shall be in the	768
amount of any remittance that was due and unpaid on the date	769
notice of the audit was sent by the commission to the provider or	770
reseller or, as applicable, in the amount of the excess amount	771
under division (A)(2) of this section retained by the provider or	772
reseller as of that date.	773

(3) The portion of any assessment not paid within sixty days	774
after the date of service by the commission of the assessment	775
notice under division (C)(D)(2) of this section shall bear	776
interest from that date until paid at the rate per annum	777
prescribed by section 5703.47 of the Revised Code. That interest	778
may be collected by making an assessment under division (C)(D)(2)	779
of this section. An assessment under this division and any	780
interest due shall be remitted in the same manner as the wireless	781
9-1-1 charge imposed under division (A) of section 4931.61 of the	782
Revised Code.	783

(4) An assessment is final and due and payable and shall be	784
remitted to the commission unless the assessed party petitions for	785
rehearing under section 4903.10 of the Revised Code. The	786
proceedings of the commission specified in division (C)(D)(4) of	787
this section are subject to and governed by Chapter 4903. of the	788
Revised Code, except that the court of appeals of Franklin county	789
has exclusive, original jurisdiction to review, modify, or vacate	790
an order of the commission under division (C)(D)(2) of this	791
section. The court shall hear and determine such appeal in the	792
same manner and under the same standards as the Ohio supreme court	793
hears and determines appeals under Chapter 4903. of the Revised	794
Code.	795

The judgment of the court of appeals is final and conclusive	796
unless reversed, vacated, or modified on appeal. Such an appeal	797
may be made by the commission or the person to whom the order	798
under division (C)(D)(2) of this section was issued and shall	799
proceed as in the case of appeals in civil actions as provided in	800
Chapter 2505. of the Revised Code.	801

(5) After an assessment becomes final, if any portion of the	802
assessment remains unpaid, including accrued interest, a certified	803
copy of the commission's entry making the assessment final may be	804
filed in the office of the clerk of the court of common pleas in	805
the county in which the place of business of the assessed party is	806
located. If the party maintains no place of business in this	807
state, the certified copy of the entry may be filed in the office	808
of the clerk of the court of common pleas of Franklin county.	809
Immediately upon the filing, the clerk shall enter a judgment for	810
the state against the assessed party in the amount shown on the	811
entry. The judgment may be filed by the clerk in a loose-leaf book	812
entitled "special judgments for wireless 9-1-1 charges" and shall	813
have the same effect as other judgments. The judgment shall be	814
executed upon the request of the commission.	815

(6) An assessment under this division does not discharge a	816
subscriber's liability to reimburse the provider or reseller for	817
the wireless 9-1-1 charge imposed under division (A) of section	818
4931.61 of the Revised Code. If, after the date of service of the	819
audit notice under division (C)(D)(1) of this section, a	820
subscriber pays a wireless 9-1-1 charge for the period covered by	821
the assessment, the payment shall be credited against the	822
assessment.	823

(7) All money collected by the commission under this division	824
(D) of this section shall be paid to the treasurer of state, for	825
deposit to the credit of the wireless 9-1-1 government assistance	826
fund.	827

Sec. 4931.621. (A) The department of taxation shall, within	828
forty-five days after the end of each month, transfer one per cent	829
of the remitted wireless 9-1-1 charges imposed under division	830
(B)(1) of section 4931.61 of the Revised Code to the credit of the	831
prepaid wireless 9-1-1 administrative fund, which is hereby	832
created in the state treasury. This fund shall be used by the	833
department of taxation to defray the costs incurred in carrying	834
out sections 4931.61 to 4931.622 of the Revised Code.	835

(B) The department shall, within forty-five days after the	836
end of each month, transfer the amount remaining after the deposit	837
required by division (A) of this section to the credit of the	838
wireless 9-1-1 government assistance fund, created in section	839
4931.63 of the Revised Code. Immediately upon completion of this	840
transfer, the department shall certify to the Ohio 9-1-1	841
coordinator the amount transferred under this division.	842

Sec. 4931.622.  (A) Each seller of a prepaid wireless calling	843
service required to collect prepaid wireless 9-1-1 charges under	844
division (B) of section 4931.61 of the Revised Code shall also be	845
subject to the provisions of Chapter 5739. of the Revised Code	846
regarding the excise tax on retail sales levied under section	847
5739.02 of the Revised Code, as those provisions apply to audits,	848
assessments, appeals, enforcement, liability, and penalties.	849

(B) The tax commissioner shall establish procedures by which	850
a person may document that a sale is not a retail sale of a	851
prepaid wireless calling service. The procedures shall	852
substantially coincide with similar procedures under Chapter 5739.	853
of the Revised Code.	854

Sec. 4931.63.  (A) There is hereby created the wireless 9-1-1	855
administrative fund in the state treasury. A sufficient	856
percentage, determined by the chairperson of the public utilities	857
commission but not to exceed two per cent, of the periodic	858
remittances of the wireless 9-1-1 charge under division (A) of	859
section 4931.62 of the Revised Code shall be deposited to the	860
credit of the fund, to. The fund shall be used by the commission	861
to cover such nonpayroll costs and, at the discretion of the	862
commission such payroll costs, of the commission as are incurred	863
in assisting the coordinator in carrying out sections 4931.60 to	864
4931.704931.69 of the Revised Code and in conducting audits under	865
division (C)(D) of section 4931.62 of the Revised Code. In	866
addition, the compensation of the Ohio 9-1-1 coordinator, and any	867
expenses of the coordinator in carrying out those sections, shall	868
be paid from the fund.	869

(B) There is hereby created the wireless 9-1-1 government	870
assistance fund, which shall be in the custody of the treasurer of	871
state but shall not be part of the state treasury. The periodic	872
remittances of the wireless 9-1-1 charge under division (A) of	873
section 4931.62 of the Revised Code, remaining after the deposit	874
required by division (A) of this section, shall be deposited to	875
the credit of the wireless 9-1-1 government assistance fund. The	876
treasurer of state shall deposit or invest the moneys in this fund	877
in accordance with Chapter 135. of the Revised Code and any other	878
provision of law governing public moneys of the state as defined	879
in section 135.01 of the Revised Code. The treasurer of state	880
shall credit the interest earned to the fund. The treasurer of	881
state shall disburse money from the fund solely upon order of the	882
coordinator as authorized under section 4931.64 of the Revised	883
Code. Annually, until the fund is depleted, the treasurer of state	884
shall certify to the coordinator the amount of moneys in the	885
treasurer of state's custody belonging to the fund.	886

Sec. 4931.64. (A) Prior to the first disbursement under this	887
section and annually thereafter not later than the twenty-fifth	888
day of January, until the wireless 9-1-1 government assistance	889
fund is depleted, the Ohio 9-1-1 coordinator shall do both of the	890
following for the purposes of division (B) of this section:	891

(1) Determine, for a county that has adopted a final plan	892
under sections 4931.40 to 4931.704931.69 of the Revised Code for	893
the provision of wireless enhanced 9-1-1 within the territory	894
covered by the countywide 9-1-1 system established under the plan,	895
the number of wireless telephone numbers assigned to wireless	896
service subscribers that have billing addresses within the county.	897
That number shall be adjusted between any two counties so that the	898
number of wireless telephone numbers assigned to wireless service	899
subscribers who have billing addresses within any portion of a	900
municipal corporation that territorially lies primarily in one of	901
the two counties but extends into the other county is added to the	902
number already determined for that primary county and subtracted	903
for the other county.	904

(2) Determine each county's proportionate share of the	905
wireless 9-1-1 government assistance fund for the ensuing calendar	906
year on the basis set forth in division (B) of this section;	907
estimate the ensuing calendar year's fund balance; compute each	908
such county's estimated proceeds for the ensuing calendar year	909
based on its proportionate share and the estimated fund balance;	910
and certify such amount of proceeds to the county auditor of each	911
such county.	912

(B) The Ohio 9-1-1 coordinator, in accordance with this	913
division and not later than the last day of each month, shall	914
disburse the amount credited as remittances to the wireless 9-1-1	915
government assistance fund during the second preceding month, plus	916
any accrued interest on the fund. Such a disbursement shall be	917
paid to each county treasurer. The amount to be so disbursed	918
monthly to a particular county shall be a proportionate share of	919
the wireless 9-1-1 government assistance fund balance based on the	920
ratio between the following:	921

(1) The number of wireless telephone numbers determined for	922
the county by the coordinator pursuant to division (A) of this	923
section;	924

(2) The total number of wireless telephone numbers assigned	925
to subscribers who have billing addresses within this state. To	926
the extent that the fund balance permits, the disbursements to	927
each county shall total at least ninety thousand dollars annually.	928

(C)(1) Each county that has not adopted a final plan for the	929
provision of wireless enhanced 9-1-1 under sections 4931.40 to	930
4931.704931.69 of the Revised Code shall be deemed as having done	931
so for the purposes of making the determinations under divisions	932
(A)(1) and (2) of this section.	933

(2) For each county described in division (C)(1) of this	934
section, the coordinator shall retain in the wireless 9-1-1	935
government assistance fund an amount equal to what would otherwise	936
be paid as the county's disbursements under division (B) of this	937
section if it had adopted such a final plan, plus any related	938
accrued interest, to be set aside for that county. If the board of	939
county commissioners notifies the coordinator prior to January 1,	940
2010, that a final plan for the provision of wireless enhanced	941
9-1-1 has been adopted, the coordinator shall disburse and pay to	942
the county treasurer, not later than the last day of the month	943
following the month the notification is made, the total amount so	944
set aside for the county plus any related accrued interest. As of	945
January 1, 2010, any money and interest so retained and not	946
disbursed as authorized under this division shall be available for	947
disbursement only as provided in division (B) of this section.	948

(D) Immediately upon receipt by a county treasurer of a	949
disbursement under division (B) or (C) of this section, the county	950
shall disburse, in accordance with the allocation formula set	951
forth in the final plan, the amount the county so received to any	952
other subdivisions in the county and any regional councils of	953
governments in the county that pay the costs of a public safety	954
answering point providing wireless enhanced 9-1-1 under the plan.	955

(E) Nothing in sections 4931.40 to 4931.704931.69 of the	956
Revised Code affects the authority of a subdivision operating or	957
served by a public safety answering point of a 9-1-1 system or a	958
regional council of governments operating a public safety	959
answering point of a 9-1-1 system to use, as provided in the final	960
plan for the system or in an agreement under section 4931.48 of	961
the Revised Code, any other authorized revenue of the subdivision	962
or the regional council of governments for the purposes of	963
providing basic or enhanced 9-1-1.	964

Sec. 4931.65.  Except as otherwise provided in section	965
4931.651 of the Revised Code:	966

(A) A countywide 9-1-1 system receiving a disbursement under	967
section 4931.64 of the Revised Code shall provide countywide	968
wireless enhanced 9-1-1 in accordance with sections 4931.40 to	969
4931.704931.69 of the Revised Code beginning as soon as	970
reasonably possible after receipt of the first disbursement or, if	971
that service is already implemented, shall continue to provide	972
such service. Except as provided in divisions (B) and (C) of this	973
section, a disbursement shall be used solely for the purpose of	974
paying either or both of the following:	975

(1) Any costs of designing, upgrading, purchasing, leasing,	976
programming, installing, testing, or maintaining the necessary	977
data, hardware, software, and trunking required for the public	978
safety answering point or points of the 9-1-1 system to provide	979
wireless enhanced 9-1-1, which costs are incurred before or on or	980
after May 6, 2005, and consist of such additional costs of the	981
9-1-1 system over and above any costs incurred to provide wireline	982
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually,	983
up to twenty-five thousand dollars of the disbursements received	984
on or after January 1, 2009, may be applied to data, hardware, and	985
software that automatically alerts personnel receiving a 9-1-1	986
call that a person at the subscriber's address or telephone number	987
may have a mental or physical disability, of which that personnel	988
shall inform the appropriate emergency service provider. On or	989
after the provision of technical and operational standards	990
pursuant to division (D)(1) of section 4931.68 of the Revised	991
Code, a regional council of governments operating a public safety	992
answering point or a subdivision shall consider the standards	993
before incurring any costs described in this division.	994

(2) Any costs of training the staff of the public safety	995
answering point or points to provide wireless enhanced 9-1-1,	996
which costs are incurred before or on or after May 6, 2005.	997

(B) Beginning one year following the imposition of the	998
wireless 9-1-1 charge under division (A) of section 4931.61 of the	999
Revised Code, a subdivision or a regional council of governments	1000
that certifies to the Ohio 9-1-1 coordinator that it has paid the	1001
costs described in divisions (A)(1) and (2) of this section and is	1002
providing countywide wireless enhanced 9-1-1 may use disbursements	1003
received under section 4931.64 of the Revised Code to pay any of	1004
its personnel costs of one or more public safety answering points	1005
providing countywide wireless enhanced 9-1-1.	1006

(C) After receiving its April 2013 disbursement under section	1007
4931.64 of the Revised Code, a regional council of governments	1008
operating a public safety answering point or a subdivision may use	1009
any remaining balance of disbursements it received under that	1010
section to pay any of its costs of providing countywide wireless	1011
9-1-1, including the personnel costs of one or more public safety	1012
answering points providing that service.	1013

(D) The costs described in divisions (A), (B), and (C) of	1014
this section may include any such costs payable pursuant to an	1015
agreement under division (J) of section 4931.41 of the Revised	1016
Code.	1017

Sec. 4931.66.  (A)(1) A telephone company, the state highway	1018
patrol as described in division (J) of section 4931.41 of the	1019
Revised Code, and each subdivision or regional council of	1020
governments operating one or more public safety answering points	1021
for a countywide system providing wireless 9-1-1, shall provide	1022
the Ohio 9-1-1 coordinator with such information as the	1023
coordinator requests for the purposes of carrying out the	1024
coordinator's duties under sections 4931.60 to 4931.704931.69 of	1025
the Revised Code, including, but not limited to, duties regarding	1026
the collection of the wireless 9-1-1 charge and regarding the	1027
provision of a report or recommendationimposed under division (A)	1028
of section 4931.704931.61 of the Revised Code.	1029

(2) A wireless service provider shall provide an official,	1030
employee, agent, or representative of a subdivision or regional	1031
council of governments operating a public safety answering point,	1032
or of the state highway patrol as described in division (J) of	1033
section 4931.41 of the Revised Code, with such technical, service,	1034
and location information as the official, employee, agent, or	1035
representative requests for the purpose of providing wireless	1036
9-1-1.	1037

(3) A subdivision or regional council of governments	1038
operating one or more public safety answering points of a 9-1-1	1039
system, and a telephone company, shall provide to the Ohio 9-1-1	1040
council such information as the council requires for the purpose	1041
of carrying out its duties under division (D) of section 4931.68	1042
of the Revised Code.	1043

(B)(1) Any information provided under division (A) of this	1044
section that consists of trade secrets as defined in section	1045
1333.61 of the Revised Code or of information regarding the	1046
customers, revenues, expenses, or network information of a	1047
telephone company shall be confidential and does not constitute a	1048
public record for the purpose of section 149.43 of the Revised	1049
Code.	1050

(2) The public utilities commission, the Ohio 9-1-1	1051
coordinator, and any official, employee, agent, or representative	1052
of the commission, of the state highway patrol as described in	1053
division (J) of section 4931.41 of the Revised Code, or of a	1054
subdivision or regional council of governments operating a public	1055
safety answering point, while acting or claiming to act in the	1056
capacity of the commission or coordinator or such official,	1057
employee, agent, or representative, shall not disclose any	1058
information provided under division (A) of this section regarding	1059
a telephone company's customers, revenues, expenses, or network	1060
information. Nothing in division (B)(2) of this section precludes	1061
any such information from being aggregated and included in any	1062
report required under section 4931.70 or division (D)(2) of	1063
section 4931.69 of the Revised Code, provided the aggregated	1064
information does not identify the number of any particular	1065
company's customers or the amount of its revenues or expenses or	1066
identify a particular company as to any network information.	1067

Sec. 4931.67. (A) The public utilities commission, after	1068
consultation with the Ohio 9-1-1 coordinator, shall adopt rules in	1069
accordance with Chapter 119. of the Revised Code to carry out	1070
sections 4931.60 to 4931.704931.69 of the Revised Code, except	1071
for section 4931.622 of the Revised Code, and including rules	1072
prescribing the necessary accounting for a wireless service	1073
provider's or reseller's billing and collection fee under division	1074
(A)(2) of section 4931.62 of the Revised Code and rules	1075
establishing a fair and reasonable process for recommending the	1076
amount of the wireless 9-1-1 charge as authorized under division	1077
(B) of section 4931.70 of the Revised Code. The amount of the	1078
wireless 9-1-1 charge shall be prescribed only by act of the	1079
general assembly.	1080

(B) In accordance with Chapter 119. of the Revised Code, the	1081
tax commissioner shall adopt rules as necessary to carry out	1082
sections 4931.61 to 4931.622 of the Revised Code.	1083

Sec. 4931.69.  (A) There is hereby created the wireless 9-1-1	1084
advisory board, consisting of the Ohio 9-1-1 council appointee	1085
that represents public safety communications officials and five	1086
members appointed by the governor as follows: one of the council	1087
appointees that represents wireless service providers in this	1088
state, whose council term expires after the council term of the	1089
council appointee representing public safety communications	1090
officials, one noncouncil representative of wireless service	1091
providers in this state, one noncouncil representative of public	1092
safety communications officials in this state, and two noncouncil	1093
representatives of municipal and county governments in this state.	1094

(B) The terms of the advisory board members who are also	1095
council members shall be concurrent with their terms as members of	1096
the council, as prescribed under division (B) of section 4931.68	1097
of the Revised Code. The terms of the initial noncouncil appointee	1098
to the advisory board who represents wireless service providers	1099
and of one of the initial noncouncil appointees who represents	1100
municipal and county government shall expire on January 31, 2009.	1101
The terms of the initial noncouncil appointee to the advisory	1102
board representing public safety communications officials and of	1103
the other initial noncouncil appointee representing municipal and	1104
county government shall expire on January 31, 2010. Thereafter,	1105
terms of the noncouncil appointees shall be for three years, with	1106
each term ending on the same day of the same month as the term it	1107
succeeds. The conditions of holding office, manner of filling	1108
vacancies, and other matters concerning service by any member of	1109
the advisory board shall be the same as set forth for council	1110
members under division (B) of section 4931.68 of the Revised Code.	1111

(C) The Ohio 9-1-1 coordinator shall appoint the chairperson	1112
of the advisory board. Each member of the board shall be a voting	1113
member and shall have one vote in all deliberations of the board.	1114
A majority of the members constitutes a quorum.	1115

(D)(1) The advisory board shall make a recommendation to the	1116
coordinator regarding the amount of the wireless 9-1-1 charge to	1117
be included in the report required by division (B) of section	1118
4931.70 of the Revised Code and shall consult with the coordinator	1119
regarding that report.	1120

(2) The advisory board shall make recommendations to and	1121
consult with the public utilities commission and, the coordinator,	1122
and the tax commissioner regarding any rules to be adopted under	1123
section 4931.67 of the Revised Code.	1124

(E) The advisory board is not an agency, as defined in	1125
section 101.82 of the Revised Code, for purposes of sections	1126
101.82 to 101.87 of the Revised Code.	1127

Sec. 4931.99.  (A) Whoever violates division (D)(E) of	1128
section 4931.49 of the Revised Code is guilty of a misdemeanor of	1129
the fourth degree.	1130

(B) Whoever violates division (B) of section 4931.06 of the	1131
Revised Code is guilty of a misdemeanor in the first degree.	1132

(C) Whoever violates division (E)(F) or (F)(G) of section	1133
4931.49 or division (B)(2) of section 4931.66 of the Revised Code	1134
is guilty of a misdemeanor of the fourth degree on a first offense	1135
and a felony of the fifth degree on each subsequent offense.	1136

(D) Whoever violates section 4931.75 of the Revised Code is	1137
guilty of a minor misdemeanor for a first offense and a	1138
misdemeanor of the first degree on each subsequent offense.	1139

Section 2.  That existing sections 167.03, 4927.03, 4927.15,	1140
4931.40, 4931.41, 4931.44, 4931.49, 4931.50, 4931.60, 4931.61,	1141
4931.62, 4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and	1142
4931.99 and section 4931.70 of the Revised Code are hereby	1143
repealed.	1144

Section 3. Sections 1 and 2 of this act take effect July 1,	1145
2013.	1146