Sub. H. B. No. 360 As Reported by the Senate Energy and Public Utilitites Committee

As Reported by the Senate Energy and Public Utilitites Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 360

Representative Rosenberger

Cosponsors: Representatives Butler, Murray, Grossman, Adams, J., Ruhl, Gonzales, Combs, Stautberg Speaker Batchelder
Senators Hite, LaRose

A BILL

To amend sections 125.183, 167.03, 2307.64, 2913.01,

3745.13, 4742.01, 4905.30, 4927.03, 4927.15,

4931.40, 4931.41, 4931.42, 4931.43, 4931.44,

4931.45, 4931.46, 4931.47, 4931.48, 4931.49,

4931.50, 4931.51, 4931.52, 4931.53, 4931.54,

4931.60, 4931.61, 4931.62, 4931.63, 4931.64,

4931.65, 4931.651, 4931.66, 4931.67, 4931.68,

4931.69, 4931.99, 5705.19, and 5733.55; to amend,

for the purpose of adopting new section numbers as

indicated in parentheses, sections 125.183

(5507.02), 4931.40 (5507.01), 4931.41 (5507.03),

4931.42 (5507.06), 4931.43 (5507.07), 4931.44

(5507.08), 4931.45 (5507.12), 4931.46 (5507.15),

4931.47 (5507.18), 4931.48 (5507.09), 4931.49

(5507.32), 4931.50 (5507.34), 4931.51 (5507.22),

4931.52 (5507.25), 4931.53 (5507.26), 4931.54

(5507.27), 4931.60 (5507.40), 4931.61 (5507.42),

4931.62 (5507.46), 4931.63 (5507.53), 4931.64

(5507.55), 4931.65 (5507.57), 4931.651 (5507.571),

4931.66 (5507.60), 4931.67 (5507.63), 4931.68

(5507.65), 4931.69 (5507.66), 4931.75 (4931.10),

and 4931.99 (5507.99); to enact new section

4931.99 and sections 5507.021, 5507.022, 5507.44,

5507.51, and 5507.52; and to repeal section

4931.70 of the Revised Code to transfer certain

9-1-1 authority to the Director of Public Safety

and to the tax commissioner, to revise the amount

and methods of collection and remittance of the

wireless 9-1-1 charge for prepaid wireless

services, and to declare an emergency.

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

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

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

(1) Study such area governmental problems common to two or	52
more members of the council as it deems appropriate, including but	53
not limited to matters affecting health, safety, welfare,	54
education, economic conditions, and regional development;	55

(2) Promote cooperative arrangements and coordinate action	56
among its members, and between its members and other agencies of	57
local or state governments, whether or not within Ohio, and the	58
federal government;	59

(3) Make recommendations for review and action to the members	60
and other public agencies that perform functions within the	61
region;	62

(4) Promote cooperative agreements and contracts among its	63
members or other governmental agencies and private persons,	64
corporations, or agencies;	65

(5) Operate a public safety answering point in accordance	66
with ~~sections 4931.40 to 4931.70~~Chapter 5507. of the Revised	67
Code;	68

(6) Perform planning directly by personnel of the council, or	69
under contracts between the council and other public or private	70
planning agencies.	71

(B) The council may:

(1) Review, evaluate, comment upon, and make recommendations,	73
relative to the planning and programming, and the location,	74
financing, and scheduling of public facility projects within the	75
region and affecting the development of the area;	76

(2) Act as an areawide agency to perform comprehensive	77
planning for the programming, locating, financing, and scheduling	78
of public facility projects within the region and affecting the	79
development of the area and for other proposed land development or	80
uses, which projects or uses have public metropolitan wide or	81
interjurisdictional significance;	82

(3) Act as an agency for coordinating, based on metropolitan	83
wide comprehensive planning and programming, local public	84
policies, and activities affecting the development of the region	85
or area.	86

(C) The council may, by appropriate action of the governing	87
bodies of the members, perform such other functions and duties as	88
are performed or capable of performance by the members and	89
necessary or desirable for dealing with problems of mutual	90
concern.	91

(D) The authority granted to the council by this section or	92
in any agreement by the members thereof shall not displace any	93
existing municipal, county, regional, or other planning commission	94
or planning agency in the exercise of its statutory powers.	95

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

(1) "Advertisement" has the same meaning as in section	97
~~4931.75~~4931.10 of the Revised Code.	98

(2) "Computer," "computer network," "computer program,"	99
"computer services," and "telecommunications device" have the same	100
meanings as in section 2913.01 of the Revised Code.	101

(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

(4) "Electronic mail advertisement" means electronic mail	110
containing an advertisement.	111

(5) "Electronic mail service provider" means any person that	112
is an intermediary in sending and receiving electronic mail and	113
that provides to users of electronic mail services the ability to	114
send or receive electronic mail. "Electronic mail service	115
provider" includes an internet service provider.	116

(6) "Originating address" means the string of characters used	117
to specify the source of any electronic mail message.	118

(7) "Person" has the same meaning as in section 1.59 of the	119
Revised Code, but when a person is not an individual, the person	120
responsible for transmitting or causing to be transmitted an	121
electronic mail advertisement is the particular division of the	122
partnership, corporation, or other business entity actually	123
responsible for the transmission of the electronic mail	124
advertisement.	125

(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

(9) "Receiving address" means the string of characters used	136
to specify a recipient with each receiving address creating a	137
unique and separate recipient.	138

(10) "Recipient" means a person who receives an electronic	139
mail advertisement at any one of the following receiving	140
addresses:	141

(a) A receiving address furnished by an electronic mail	142
service provider that bills for furnishing and maintaining that	143
receiving address to a mailing address within this state;	144

(b) A receiving address ordinarily accessed from a computer	145
located within this state;	146

(c) A receiving address ordinarily accessed by a person	147
domiciled within this state;	148

(d) Any other receiving address with respect to which the	149
obligations imposed by this section can be imposed consistent with	150
the United States Constitution.	151

(B)(1) Except as otherwise provided in division (B)(3) of	152
this section, a person that transmits or causes to be transmitted	153
to a recipient an electronic mail advertisement shall clearly and	154
conspicuously provide to the recipient, within the body of the	155
electronic mail advertisement, both of the following:	156

(a) The person's name and complete residence or business	157
address and the electronic mail address of the person transmitting	158
the electronic mail advertisement;	159

(b) A notice that the recipient may decline to receive from	160
the person transmitting or causing to be transmitted the	161
electronic mail advertisement any additional electronic mail	162
advertisements and a detailed procedure for declining to receive	163
any additional electronic mail advertisements at no cost. The	164
notice shall be of the same size of type as the majority of the	165
text of the message and shall not require that the recipient	166
provide any information other than the receiving address.	167

(2) If the recipient of an electronic mail advertisement uses	168
the procedure contained in the notice described in division	169
(B)(1)(b) of this section to decline to receive any additional	170
electronic mail advertisements, the person that transmitted or	171
caused to be transmitted the original electronic mail	172
advertisement, within a reasonable period of time, shall cease	173
transmitting or causing to be transmitted to the receiving address	174
any additional electronic mail advertisements.	175

(3) A person does not violate division (B) of this section if	176
the person transmits or causes to be transmitted to the recipient	177
an electronic mail advertisement when any of the following apply:	178

(a) The person has a pre-existing business or personal	179
relationship with the recipient.	180

(b) The recipient has consented or has agreed as a condition	181
of service to receive the electronic mail advertisement.	182

(c) The recipient receives the electronic mail advertisement	183
because another recipient forwarded the advertisement to that	184
recipient via an internet web site or another recipient made a	185
direct referral of that recipient to receive the advertisement.	186

(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

(D) No electronic mail service provider shall be liable for	199
transmitting another person's electronic mail advertisement	200
through its service in violation of this section, or shall be	201
liable for any action it voluntarily takes in good faith to block	202
the receipt or transmission through its service of any electronic	203
mail advertisement that it believes is, or will be sent, in	204
violation of this section.	205

(E) A recipient of an electronic mail advertisement	206
transmitted in violation of division (B) of this section may bring	207
a civil action against a person who transmitted that advertisement	208
or caused it to be transmitted. In that action, the recipient may	209
recover the following:	210

(1) One hundred dollars for each violation, not to exceed a	211
total of fifty thousand dollars;	212

(2) Reasonable attorney's fees, court costs, and other costs	213
of bringing the action.	214

(F) An electronic mail service provider whose authority or	215
policy has been contravened in violation of division (C) of this	216
section may bring a civil action against a person who transmitted	217
that advertisement or caused it to be transmitted. In that action,	218
the electronic mail service provider may recover the following:	219

(1)(a) Fifty dollars for each violation of division (C) of	220
this section, not to exceed fifty thousand dollars;	221

(b) If a violation of division (C) of this section is a	222
willful or knowing violation, the court may increase the amount	223
recoverable to an amount not to exceed five hundred thousand	224
dollars.	225

(c) If a violation of division (C) of this section is	226
accompanied by a violation of division (H) of this section, there	227
shall be no limit on the amount that may be recovered pursuant to	228
this section.	229

(2) Reasonable attorney's fees, court costs, and other costs	230
of bringing the action.	231

(G) In addition to any recovery that is allowed under	232
~~divisions~~division (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

Sec. 2913.01. As used in this chapter, unless the context	254
requires that a term be given a different meaning:	255

(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

(B) "Defraud" means to knowingly obtain, by deception, some	263
benefit for oneself or another, or to knowingly cause, by	264
deception, some detriment to another.	265

266

(1) Withhold property of another permanently, or for a period	267
that appropriates a substantial portion of its value or use, or	268
with purpose to restore it only upon payment of a reward or other	269
consideration;	270

(2) Dispose of property so as to make it unlikely that the	271
owner will recover it;	272

(3) Accept, use, or appropriate money, property, or services,	273
with purpose not to give proper consideration in return for the	274
money, property, or services, and without reasonable justification	275
or excuse for not giving proper consideration.	276

(D) "Owner" means, unless the context requires a different	277
meaning, any person, other than the actor, who is the owner of,	278
who has possession or control of, or who has any license or	279
interest in property or services, even though the ownership,	280
possession, control, license, or interest is unlawful.	281

(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

(G) "Forge" means to fabricate or create, in whole or in part	294
and by any means, any spurious writing, or to make, execute,	295
alter, complete, reproduce, or otherwise purport to authenticate	296
any writing, when the writing in fact is not authenticated by that	297
conduct.	298

(H) "Utter" means to issue, publish, transfer, use, put or	299
send into circulation, deliver, or display.	300

(I) "Coin machine" means any mechanical or electronic device	301
designed to do both of the following:	302

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

303

(2) In return for the insertion or deposit of a coin, bill,	304
or token, automatically dispense property, provide a service, or	305
grant a license.	306

(J) "Slug" means an object that, by virtue of its size,	307
shape, composition, or other quality, is capable of being inserted	308
or deposited in a coin machine as an improper substitute for a	309
genuine coin, bill, or token made for that purpose.	310

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

311

(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

(2) A violation of an existing or former municipal ordinance	319
or law of this or any other state, or of the United States,	320
substantially equivalent to any section listed in division (K)(1)	321
of this section or a violation of section 2913.41, 2913.81, or	322
2915.06 of the Revised Code as it existed prior to July 1, 1996;	323

(3) An offense under an existing or former municipal	324
ordinance or law of this or any other state, or of the United	325
States, involving robbery, burglary, breaking and entering, theft,	326
embezzlement, wrongful conversion, forgery, counterfeiting,	327
deceit, or fraud;	328

(4) A conspiracy or attempt to commit, or complicity in	329
committing, any offense under division (K)(1), (2), or (3) of this	330
section.	331

(L) "Computer services" includes, but is not limited to, the	332
use of a computer system, computer network, computer program, data	333
that is prepared for computer use, or data that is contained	334
within a computer system or computer network.	335

(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

(N) "Computer system" means a computer and related devices,	343
whether connected or unconnected, including, but not limited to,	344
data input, output, and storage devices, data communications	345
links, and computer programs and data that make the system capable	346
of performing specified special purpose data processing tasks.	347

(O) "Computer network" means a set of related and remotely	348
connected computers and communication facilities that includes	349
more than one computer system that has the capability to transmit	350
among the connected computers and communication facilities through	351
the use of computer facilities.	352

(P) "Computer program" means an ordered set of data	353
representing coded instructions or statements that, when executed	354
by a computer, cause the computer to process data.	355

(Q) "Computer software" means computer programs, procedures,	356
and other documentation associated with the operation of a	357
computer system.	358

(R) "Data" means a representation of information, knowledge,	359
facts, concepts, or instructions that are being or have been	360
prepared in a formalized manner and that are intended for use in a	361
computer, computer system, or computer network. For purposes of	362
section 2913.47 of the Revised Code, "data" has the additional	363
meaning set forth in division (A) of that section.	364

(S) "Cable television service" means any services provided by	365
or through the facilities of any cable television system or other	366
similar closed circuit coaxial cable communications system, or any	367
microwave or similar transmission service used in connection with	368
any cable television system or other similar closed circuit	369
coaxial cable communications system.	370

(T) "Gain access" means to approach, instruct, communicate	371
with, store data in, retrieve data from, or otherwise make use of	372
any resources of a computer, computer system, or computer network,	373
or any cable service or cable system both as defined in section	374
2913.04 of the Revised Code.	375

(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

(V) "Electronic fund transfer" has the same meaning as in 92	383
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	384

(W) "Rented property" means personal property in which the	385
right of possession and use of the property is for a short and	386
possibly indeterminate term in return for consideration; the	387
rentee generally controls the duration of possession of the	388
property, within any applicable minimum or maximum term; and the	389
amount of consideration generally is determined by the duration of	390
possession of the property.	391

(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

(Z) "Telecommunications service" means the providing,	405
allowing, facilitating, or generating of any form of	406
telecommunication through the use of a telecommunications device	407
over a telecommunications system.	408

(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

(2) "Information service" does not include any use of a	430
capability of a type described in division (BB)(1) of this section	431
for the management, control, or operation of a telecommunications	432
system or the management of a telecommunications service.	433

(CC) "Elderly person" means a person who is sixty-five years	434
of age or older.	435

(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

(EE) "Firearm" and "dangerous ordnance" have the same	446
meanings as in section 2923.11 of the Revised Code.	447

(FF) "Motor vehicle" has the same meaning as in section	448
4501.01 of the Revised Code.	449

(GG) "Dangerous drug" has the same meaning as in section	450
4729.01 of the Revised Code.	451

(HH) "Drug abuse offense" has the same meaning as in section	452
2925.01 of the Revised Code.	453

(II)(1) "Computer hacking" means any of the following:

454

(a) Gaining access or attempting to gain access to all or	455
part of a computer, computer system, or a computer network without	456
express or implied authorization with the intent to defraud or	457
with intent to commit a crime;	458

(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

(i) Mail transfer programs to send mail to persons other than	466
the authorized users of that computer or computer network;	467

(ii) File transfer program proxy services or proxy servers to	468
access other computers, computer systems, or computer networks;	469

(iii) Web servers to redirect users to other web pages or web	470
servers.	471

(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

(d) The intentional use of a computer, computer system, or a	502
computer network in a manner that exceeds any right or permission	503
granted by the owner of the computer, computer system, or computer	504
network or other person authorized to give consent.	505

(2) "Computer hacking" does not include the introduction of a	506
computer contaminant, as defined in section 2909.01 of the Revised	507
Code, into a computer, computer system, computer program, or	508
computer network.	509

(JJ) "Police dog or horse" has the same meaning as in section	510
2921.321 of the Revised Code.	511

(KK) "Anhydrous ammonia" is a compound formed by the	512
combination of two gaseous elements, nitrogen and hydrogen, in the	513
manner described in this division. Anhydrous ammonia is one part	514
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	515
weight is fourteen parts nitrogen to three parts hydrogen, which	516
is approximately eighty-two per cent nitrogen to eighteen per cent	517
hydrogen.	518

(LL) "Assistance dog" has the same meaning as in section	519
955.011 of the Revised Code.	520

(MM) "Federally licensed firearms dealer" has the same	521
meaning as in section 5502.63 of the Revised Code.	522

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 ~~5507.27~~5502.27 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

(B) As used in this section:

598

(1) "Methamphetamine" means methamphetamine, any salt,	599
isomer, or salt of an isomer of methamphetamine, or any compound,	600
mixture, preparation, or substance containing methamphetamine or	601
any salt, isomer, or salt of an isomer of methamphetamine.	602

(2) "Illegal methamphetamine manufacturing laboratory" means	603
any laboratory or other premises that is used for the manufacture	604
or production of methamphetamine in violation of section 2925.04	605
of the Revised Code, whether or not there has been a prior	606
conviction of that violation.	607

Sec. 4742.01. As used in this chapter:

608

(A) "Emergency service provider" has the same meaning as in	609
section ~~4931.40~~5507.01 of the Revised Code.	610

(B) "Emergency service telecommunicator" means an individual	611
employed by an emergency service provider, whose primary	612
responsibility is to be an operator for the receipt or processing	613
of calls for emergency services made by telephone, radio, or other	614
electronic means.	615

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 section~~September 13, 2010, and that	640
employs technology that became available for commercial use only	641
after ~~the effective date of this section~~September 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
~~section~~September 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 section~~September 13, 2010, and that employs	661
technology that became available for commercial use only after ~~the~~	662
~~effective date of this section~~September 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

(B)(1) The commission has no authority over wireless service,	667
resellers of wireless service, or wireless service providers,	668
except as follows:	669

(a) As provided under ~~sections~~section 4905.84~~, 4931.40 to~~	670
~~4931.70, and 4931.99~~ of the Revised Code;	671

(b) With respect to division (C) of section 4927.15 of the	672
Revised Code;	673

(c) As provided in divisions (B)(2), (3), and (4) of this	674
section.	675

(2) The commission has authority over wireless service and	676
wireless service providers as follows, but only to the extent	677
authorized by federal law, including federal regulations:	678

(a) To the extent that the commission carries out the acts	679
described in divisions (A), (B), (C), (D), and (F) of section	680
4927.04 of the Revised Code;	681

(b) As provided in sections 4927.05, 4927.20, and 4927.21 of	682
the Revised Code.	683

(3) The requirements of sections 4905.10, 4905.14, and	684
4911.18 of the Revised Code shall apply to a wireless service	685
provider.	686

(4) The commission has such authority as is necessary to	687
enforce division (B) of this section.	688

(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

(D) Except as specifically authorized in sections 4927.01 to	699
4927.21 of the Revised Code, the commission has no authority over	700
the quality of service and the service rates, terms, and	701
conditions of telecommunications service provided to end users by	702
a telephone company.	703

(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 section~~September 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 section~~September 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

(1) Carrier access;

722

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

723

(3) Pole attachments and conduit occupancy under section	724
4905.71 of the Revised Code;	725

(4) Pay telephone access lines;

726

(5) Toll presubscription;

727

(6) Telecommunications relay service.

728

(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 section~~September	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

(C) The public utilities commission has authority to address	740
carrier access policy and to create and administer mechanisms for	741
carrier access reform, including, but not limited to, high cost	742
support.	743

~~Sec. 4931.75.~~ Sec. 4931.10. (A) As used in this section:

744

(1) "Advertisement" means a message or material intended to	745
cause the sale of realty, goods, or services.	746

(2) "Facsimile device" means a device that electronically or	747
telephonically receives and copies onto paper reasonable	748
reproductions or facsimiles of documents and photographs through	749
connection with a telephone network.	750

(3) "Pre-existing business relationship" does not include	751
transmitting an advertisement to the owner's or lessee's facsimile	752
device.	753

(B)(1) No person shall transmit an advertisement to a	754
facsimile device unless the person has received prior permission	755
from the owner or, if the device is leased, from the lessee of the	756
device to which the message is to be sent to transmit the	757
advertisement; or the person has a pre-existing business	758
relationship with such owner or lessee. Division (B)(1) of this	759
section does not apply to a person who transmits an advertisement	760
to a facsimile device located on residential premises.	761

(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

(C) When requested by the owner or lessee, the transmission	772
shall occur between seven p.m. and five a.m.	773

This section applies to all such advertisements intended to	774
be so transmitted within this state.	775

Sec. 4931.99. (A) Whoever violates division (B) of section	776
4931.06 of the Revised Code is guilty of a misdemeanor in the	777
first degree.	778

(B) Whoever violates section 4931.10 of the Revised Code is	779
guilty of a minor misdemeanor for a first offense and a	780
misdemeanor of the first degree on each subsequent offense.	781

~~Sec. 4931.40.~~ Sec. 5507.01. As used in ~~sections 4931.40 to 4931.70~~	782
~~of the Revised Code~~this chapter:	783

(A) "9-1-1 system" means a system through which individuals	784
can request emergency service using the telephone number 9-1-1.	785

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	786
provides information on the nature of and the location of an	787
emergency, and the personnel receiving the call must determine the	788
appropriate emergency service provider to respond at that	789
location.	790

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	791
providing both enhanced wireline 9-1-1 and wireless enhanced	792
9-1-1.	793

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	794
the wireline telephone network, in providing wireline 9-1-1,	795
automatically routes the call to emergency service providers that	796
serve the location from which the call is made and immediately	797
provides to personnel answering the 9-1-1 call information on the	798
location and the telephone number from which the call is being	799
made.	800

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	801
providing wireless 9-1-1, has the capabilities of phase I and, to	802
the extent available, phase II enhanced 9-1-1 services as	803
described in 47 C.F.R. 20.18 (d) to (h).	804

(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

(2) Nothing in ~~sections 4931.40 to 4931.70 of the Revised~~	814
~~Code~~this chapter applies to paging or any service that cannot be	815
used to call 9-1-1.	816

(G) "Wireless service provider" means a facilities-based	817
provider of wireless service to one or more end users in this	818
state.	819

(H) "Wireless 9-1-1" means the emergency calling service	820
provided by a 9-1-1 system pursuant to a call originating in the	821
network of a wireless service provider.	822

(I) "Wireline 9-1-1" means the emergency calling service	823
provided by a 9-1-1 system pursuant to a call originating in the	824
network of a wireline service provider.	825

(J) "Wireline service provider" means a facilities-based	826
provider of wireline service to one or more end-users in this	827
state.	828

(K) "Wireline service" means basic local exchange service, as	829
defined in section 4927.01 of the Revised Code, that is	830
transmitted by means of interconnected wires or cables by a	831
wireline service provider authorized by the public utilities	832
commission.	833

(L) "Wireline telephone network" means the selective router	834
and data base processing systems, trunking and data wiring cross	835
connection points at the public safety answering point, and all	836
other voice and data components of the 9-1-1 system.	837

(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

(N) "Emergency service" means emergency law enforcement,	849
firefighting, ambulance, rescue, and medical service.	850

(O) "Emergency service provider" means the state highway	851
patrol and an emergency service department or unit of a	852
subdivision or that provides emergency service to a subdivision	853
under contract with the subdivision.	854

(P) "Public safety answering point" means a facility to which	855
9-1-1 system calls for a specific territory are initially routed	856
for response and where personnel respond to specific requests for	857
emergency service by directly dispatching the appropriate	858
emergency service provider, relaying a message to the appropriate	859
provider, or transferring the call to the appropriate provider.	860

(Q) "Customer premises equipment" means telecommunications	861
equipment, including telephone instruments, on the premises of a	862
public safety answering point that is used in answering and	863
responding to 9-1-1 system calls.	864

(R) "Municipal corporation in the county" includes any	865
municipal corporation that is wholly contained in the county and	866
each municipal corporation located in more than one county that	867
has a greater proportion of its territory in the county to which	868
the term refers than in any other county.	869

(S) "Board of county commissioners" includes the legislative	870
authority of a county established under Section 3 of Article X,	871
Ohio Constitution, or Chapter 302. of the Revised Code.	872

(T) "Final plan" means a final plan adopted under division	873
(B) of section ~~4931.44~~5507.08 of the Revised Code and, except as	874
otherwise expressly provided, an amended final plan adopted under	875
section ~~4931.45~~5507.12 of the Revised Code.	876

(U) "Subdivision served by a public safety answering point"	877
means a subdivision that provides emergency service for any part	878
of its territory that is located within the territory of a public	879
safety answering point whether the subdivision provides the	880
emergency service with its own employees or pursuant to a	881
contract.	882

(V) A township's population includes only population of the	883
unincorporated portion of the township.	884

(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 ~~4931.53~~5507.26 of the Revised Code, "telephone	894
company" means a wireline service provider.	895

(X) "Prepaid wireless calling service" has the same meaning	896
as in division (AA)(5) of section 5739.01 of the Revised Code.	897

(Y) "Provider of a prepaid wireless calling service" means a	898
wireless service provider that provides a prepaid wireless calling	899
service.	900

(Z) "Retail sale" has the same meaning as in section 5739.01	901
of the Revised Code.	902

(AA) "Seller" means a person that sells a prepaid wireless	903
calling service to another person by retail sale.	904

~~Sec. 125.183.~~ Sec. 5507.02. (A)(1) There is hereby created the	905
statewide emergency services internet protocol network steering	906
committee, consisting of the following ten members:	907

(a) The state chief information officer or the officer's	908
designee;	909

(b) Two members of the house of representatives appointed by	910
the speaker, one from the majority party and one from the minority	911
party;	912

(c) Two members of the senate appointed by the president, one	913
from the majority party and one from the minority party;	914

(d) Five members appointed by the governor.

915

(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) Initial appointments shall be made not later than ten	926
days after ~~the effective date of this section~~September 28, 2012.	927

(B)(1) The state chief information officer or the officer's	928
designee shall serve as the chairperson of the steering committee	929
and shall be a nonvoting member. All other members shall be voting	930
members.	931

(2) A member of the steering committee appointed from the	932
membership of the senate or the house of representatives shall	933
serve during the member's term as a member of the general assembly	934
and until a successor is appointed and qualified, notwithstanding	935
adjournment of the general assembly or the expiration of the	936
member's term as a member of the general assembly.	937

(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

(4) A vacancy in the position of any member of the steering	956
committee shall be filled for the unexpired term in the same	957
manner as the original appointment.	958

(C) The steering committee shall generally advise the state	959
on the implementation, operation, and maintenance of a statewide	960
emergency services internet protocol network that would support	961
state and local government next-generation 9-1-1 and the dispatch	962
of emergency service providers. The steering committee shall do	963
all of the following:	964

(1) On or before ~~November 15, 2012~~May 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) Examine the readiness of the state's current technology	973
infrastructure for a statewide emergency services internet	974
protocol network;	975

(3) Research legislative authority with regard to governance	976
and funding of a statewide emergency services internet protocol	977
network, and provide recommendations on best practices to limit	978
duplicative efforts to ensure an effective transition to	979
next-generation 9-1-1;	980

(4) Make recommendations for consolidation of	981
public-safety-answering-point operations in this state, including	982
recommendations for accelerating the consolidation schedule	983
established in section 5507.571 of the Revised Code, to	984
accommodate next-generation 9-1-1 technology and to facilitate a	985
more efficient and effective emergency services system;	986

(5) Recommend policies, procedures, and statutory or	987
regulatory authority to effectively govern a statewide emergency	988
services internet protocol network;	989

(6) Designate a next-generation 9-1-1 statewide coordinator	990
to serve as the primary point of contact for federal initiatives;	991

(7) Coordinate with statewide initiatives and associations	992
such as the state interoperable executive committee, the Ohio	993
geographically referenced information program council, the Ohio	994
multi-agency radio communications system steering committee, and	995
other interested parties.	996

(D)(1) Not later than February 15, 2013, each chairperson of	997
a countywide 9-1-1 planning committee or the chairperson's	998
designee shall report the following information to the steering	999
committee:	1000

(a) The geographic location and population of the area for	1001
which the planning committee is responsible;	1002

(b) Statistics detailing the number of 9-1-1 calls received;

1003

(c) A report of expenditures made from disbursements from the	1004
wireless 9-1-1 government assistance fund;	1005

(d) An inventory of and the technical specifications for the	1006
current 9-1-1 network and equipment;	1007

(e) Any other information requested by the steering	1008
committee.	1009

(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

(E) The steering committee shall hold its inaugural meeting	1019
not later than thirty days after ~~the effective date of this~~	1020
~~section~~September 28, 2012. Thereafter, the steering committee	1021
shall meet at least once a month, either in person or utilizing	1022
telecommunication-conferencing technology. A majority of the	1023
voting members shall constitute a quorum.	1024

~~(E)~~(F)(1) The steering committee shall have a permanent	1025
technical-standards subcommittee and a permanent	1026
public-safety-answering-point-operations subcommittee, and may,	1027
from time to time, establish additional subcommittees, to advise	1028
and assist the steering committee based upon the subcommittees'	1029
areas of expertise.	1030

(2) The membership of subcommittees shall be determined by	1031
the steering committee.	1032

(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

(i) The Ohio telephone association;

1042

(ii) The Ohio chapter of the association of public-safety	1043
communications officials;	1044

(iii) The Ohio chapter of the national emergency number	1045
association.	1046

(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

(i) The buckeye state sheriffs' association;

1057

(ii) The Ohio association of chiefs of police;

1058

(iii) The Ohio association of fire chiefs;

1059

(iv) The Ohio chapter of the association of public-safety	1060
communications officials;	1061

(v) The Ohio chapter of the national emergency number	1062
association.	1063

~~(F)~~(G) The committee is not an agency, as defined in section	1064
101.82 of the Revised Code, for purposes of sections 101.82 to	1065
101.87 of the Revised Code.	1066

~~(G)~~(H) As used in this section, "9-1-1 system," "wireless	1067
service provider," "wireline service provider," "emergency service	1068
provider," and "public safety answering point" have the same	1069
meanings as in section ~~4931.40~~5507.01 of the Revised Code.	1070

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

Sec. 5507.022. The statewide emergency services internet	1081
protocol network steering committee shall establish guidelines for	1082
the tax commissioner to use when disbursing money from the next	1083
generation 9-1-1 fund to countywide 9-1-1 systems in the state.	1084
The guidelines shall be consistent with the standards adopted in	1085
section 5507.021 of the Revised Code and shall specify that	1086
disbursements may be used for costs associated with the operation	1087
of and equipment for phase II wireless systems and for costs	1088
associated with a county's migration to next generation 9-1-1	1089
systems and technology.	1090

~~Sec. 4931.41.~~ Sec. 5507.03. (A)(1) A countywide 9-1-1 system shall	1091
include all of the territory of the townships and municipal	1092
corporations in the county and any portion of such a municipal	1093
corporation that extends into an adjacent county.	1094

(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 commission~~safety, and the	1106
~~commission~~department 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 ~~4931.43~~5507.07 of the Revised Code.	1110
The ~~commission's~~department'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 ~~commission~~department has determined the	1114
provider is not reasonably capable of providing.	1115

(B) A countywide 9-1-1 system may be a basic or enhanced	1116
9-1-1 system, or a combination of the two, and shall be for the	1117
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	1118

(C) Every emergency service provider that provides emergency	1119
service within the territory of a countywide 9-1-1 system shall	1120
participate in the countywide system.	1121

(D)(1) Each public safety answering point shall be operated	1122
by a subdivision or a regional council of governments and shall be	1123
operated constantly.	1124

(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 Code~~this chapter.	1139

(E) Except to the extent provided in a final plan that	1140
provides for funding of a 9-1-1 system in part through charges	1141
imposed under section ~~4931.51~~5507.22 of the Revised Code, each	1142
subdivision served by a public safety answering point shall pay	1143
the subdivision or regional council of governments that operates	1144
the answering point the amount computed in accordance with the	1145
allocation formula set forth in the final plan.	1146

(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 ~~4931.48~~5507.09 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

(G) Each emergency service provider participating in a	1156
countywide 9-1-1 system shall maintain a telephone number in	1157
addition to 9-1-1.	1158

(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 commission~~safety, 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 ~~4931.47~~5507.18 of the Revised Code.	1167

(I) If the public safety answering point personnel reasonably	1168
determine that a 9-1-1 call is not an emergency, the personnel	1169
shall provide the caller with the telephone number of an	1170
appropriate subdivision agency as applicable.	1171

(J) A final plan adopted under ~~sections 4931.40 to 4931.70 of~~	1172
~~the Revised Code~~this chapter, or an agreement under section	1173
~~4931.48~~5507.09 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 Code~~this 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

~~Sec. 4931.42.~~ Sec. 5507.06. (A) A board of county commissioners or	1202
the legislative authority of any municipal corporation in the	1203
county that contains at least thirty per cent of the county's	1204
population may adopt a resolution to convene a 9-1-1 planning	1205
committee, which shall serve without compensation and shall	1206
consist of three voting members as follows:	1207

(1) The president or other presiding officer of the board of	1208
county commissioners, who shall serve as ~~chairman~~chairperson of	1209
the committee;	1210

(2) The chief executive officer of the most populous	1211
municipal corporation in the county;	1212

(3) From the more populous of the following, either the chief	1213
executive officer of the second most populous municipal	1214
corporation in the county or a member of the board of township	1215
trustees of the most populous township in the county as selected	1216
by majority vote of the board of trustees.	1217

In counties with a population of one hundred seventy-five	1218
thousand or more, the planning committee shall consist of two	1219
additional voting members as follows: a member of a board of	1220
township trustees selected by the majority of boards of township	1221
trustees in the county pursuant to resolutions they adopt, and the	1222
chief executive officer of a municipal corporation in the county	1223
selected by the majority of the legislative authorities of	1224
municipal corporations in the county pursuant to resolutions they	1225
adopt.	1226

When determining population under this division, population	1227
residing outside the county shall be excluded.	1228

(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 ~~4931.42~~5507.06 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

~~Sec. 4931.43.~~ Sec. 5507.07. (A) The 9-1-1 planning committee shall	1252
prepare a proposal on the implementation of a countywide 9-1-1	1253
system and shall hold a public meeting on the proposal to explain	1254
the system to and receive comments from public officials. At least	1255
thirty but not more than sixty days before the meeting, the	1256
committee shall send a copy of the implementation proposal and	1257
written notice of the meeting:	1258

(1) By certified mail, to the board of county commissioners,	1259
the legislative authority of each municipal corporation in the	1260
county, and to the board of trustees of each township in the	1261
county; and	1262

(2) To the board of trustees, directors, or park	1263
commissioners of each subdivision that will be served by a public	1264
safety answering point under the plan.	1265

(B) The proposal and the final plan adopted by the committee	1266
shall specify:	1267

(1) Which telephone companies serving customers in the county	1268
and, as authorized in division (A)(1) of section ~~4931.41~~5507.03	1269
of the Revised Code, in an adjacent county will participate in the	1270
9-1-1 system;	1271

(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

(3) Which subdivision or regional council of governments will	1281
establish, equip, furnish, operate, and maintain a particular	1282
public safety answering point;	1283

(4) A projection of the initial cost of establishing,	1284
equipping, and furnishing and of the annual cost of the first five	1285
years of operating and maintaining each public safety answering	1286
point;	1287

(5) Whether the cost of establishing, equipping, furnishing,	1288
operating, or maintaining each public safety answering point	1289
should be funded through charges imposed under section ~~4931.51~~	1290
5507.22 of the Revised Code or will be allocated among the	1291
subdivisions served by the answering point and, if any such cost	1292
is to be allocated, the formula for so allocating it;	1293

(6) How each emergency service provider will respond to a	1294
misdirected call.	1295

(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
~~4931.42~~5507.06 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 ~~4931.41~~5507.03 of the Revised Code and	1304
the planning committee refers that question to the department of	1305
public ~~utilities commission~~safety, the ~~commission~~department 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

(1) By certified mail to the board of county commissioners of	1310
the county, to the legislative authority of each municipal	1311
corporation in the county, and to the board of township trustees	1312
of each township in the county; and	1313

(2) To the board of trustees, directors, or park	1314
commissioners of each subdivision that will be served by a public	1315
safety answering point under the plan.	1316

(D) If the committee has not adopted a final plan on or	1317
before the deadline in division (C) of this section, the committee	1318
shall cease to exist. A new 9-1-1 planning committee may be	1319
convened in the manner established in section ~~4931.42~~5507.06 of	1320
the Revised Code to develop an implementation proposal and final	1321
plan in accordance with the requirements of sections ~~4931.42~~	1322
5507.06 to ~~4931.44~~5507.08 of the Revised Code.	1323

~~Sec. 4931.44.~~ Sec. 5507.08. (A) Within sixty days after receipt of	1324
the final plan pursuant to division (C) of section ~~4931.43~~5507.07	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 ~~4931.51~~5507.22 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 ~~4931.51~~5507.22 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 ~~4931.41~~5507.03 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

(B) As used in this division, "county's population" excludes	1347
the population of any municipal corporation or township that,	1348
under the plan, is completely excluded from 9-1-1 service in the	1349
county's final plan. A countywide plan is effective if all of the	1350
following entities approve the plan in accordance with this	1351
section:	1352

(1) The board of county commissioners;

1353

(2) The legislative authority of a municipal corporation that	1354
contains at least thirty per cent of the county's population, if	1355
any;	1356

(3) The legislative authorities of municipal corporations and	1357
townships that contain at least sixty per cent of the county's	1358
population or, if the plan has been approved by a municipal	1359
corporation that contains at least sixty per cent of the county's	1360
population, by the legislative authorities of municipal	1361
corporations and townships that contain at least seventy-five per	1362
cent of the county's population.	1363

(C) After a countywide plan approved in accordance with this	1364
section is adopted, all of the telephone companies, subdivisions,	1365
and regional councils of governments included in the plan are	1366
subject to the specific requirements of the plan and to ~~sections~~	1367
~~4931.40 to 4931.70 of the Revised Code~~this chapter.	1368

~~Sec. 4931.48.~~ Sec. 5507.09. (A) If a final plan is disapproved	1369
under division (B) of section ~~4931.44~~5507.08 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 ~~4931.42~~5507.06 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 commission~~safety, 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 ~~4931.47~~5507.18 of the Revised Code.	1405

(D) Within three years from the date of entering into an	1406
initial agreement described under division (C) of this section,	1407
the telephone company shall have installed the wireline telephone	1408
network portion of the 9-1-1 system according to the terms,	1409
conditions, requirements, and specifications set forth in the	1410
agreement.	1411

(E) A telephone company that is a wireline service provider	1412
shall recover the cost of installing the wireline telephone	1413
network system pursuant to agreements made under this section as	1414
provided in sections ~~4931.47~~5507.18 and 5733.55 of the Revised	1415
Code.	1416

~~Sec. 4931.45.~~ Sec. 5507.12. (A) An amended final plan is required	1417
for any of the following purposes:	1418

(1) Expanding the territory included in the countywide 9-1-1	1419
system;	1420

(2) Upgrading any part or all of a system from basic to	1421
enhanced wireline 9-1-1;	1422

(3) Adjusting the territory served by a public safety	1423
answering point;	1424

(4) Permitting a regional council of governments to operate a	1425
public safety answering point;	1426

(5) Represcribing the funding of public safety answering	1427
points as between the alternatives set forth in division (B)(5) of	1428
section ~~4931.43~~5507.07 of the Revised Code;	1429

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

1430

(7) Adding a telephone company as a participant in a	1431
countywide 9-1-1 system after the implementation of wireline 9-1-1	1432
or wireless enhanced 9-1-1;	1433

(8) Providing that the state highway patrol or one or more	1434
public safety answering points of another 9-1-1 system function as	1435
a public safety answering point or points for the provision of	1436
wireline or wireless 9-1-1 for all or part of the territory of the	1437
system established under the final plan, as contemplated under	1438
division (J) of section ~~4931.41~~5507.03 of the Revised Code;	1439

(9) Making any other necessary adjustments to the plan.

1440

(B) Except as otherwise provided in division (C) of this	1441
section, a final plan shall be amended in the manner provided for	1442
adopting a final plan under sections ~~4931.42~~5507.06 to ~~4931.44~~	1443
5507.08 of the Revised Code, including convening a 9-1-1 planning	1444
committee and developing a proposed amended plan prior to adopting	1445
an amended final plan.	1446

(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

(2) An amendment to a final plan for a purpose set forth in	1456
division (A)(1), (3), (6), or (9) of this section may be made by	1457
an addendum approved by a majority of the 9-1-1 planning	1458
committee. The board of county commissioners shall call a meeting	1459
of the 9-1-1 planning committee for the purpose of considering an	1460
addendum pursuant to this division.	1461

(3) Adoption of any resolution under section ~~4931.51~~5507.22	1462
of the Revised Code pursuant to a final plan that both has been	1463
adopted and provides for funding through charges imposed under	1464
that section is not an amendment of a final plan for the purpose	1465
of this division.	1466

(D) When a final plan is amended for a purpose described in	1467
division (A)(1), (2), or (7) of this section, sections ~~4931.47~~	1468
5507.18 and 5733.55 of the Revised Code apply with respect to the	1469
receipt of the nonrecurring and recurring rates and charges for	1470
the wireline telephone network portion of the 9-1-1 system.	1471

~~Sec. 4931.46.~~ Sec. 5507.15. (A) Within three years from the date	1472
an initial final plan becomes effective under division (B) of	1473
section ~~4931.44~~5507.08 of the Revised Code, the wireline service	1474
providers designated in the plan shall have installed the wireline	1475
telephone network portion of the 9-1-1 system according to the	1476
terms, conditions, requirements, and specifications set forth in	1477
that plan.	1478

(B)(1) Upon installation of a countywide 9-1-1 system, the	1479
board of county commissioners may direct the county engineer to	1480
erect and maintain at the county boundaries on county roads and	1481
state and interstate highways, signs indicating the availability	1482
of a countywide 9-1-1 system. Any sign erected by a county under	1483
this section shall be erected in accordance with and meet the	1484
specifications established under division (B)(2) of this section.	1485
All expenses incurred in erecting and maintaining the signs shall	1486
be paid by the county.	1487

(2) The director of transportation shall develop design	1488
specifications for signs giving notice of the availability of a	1489
countywide 9-1-1 system. The director also shall establish	1490
standards for the erection of the signs and, in accordance with	1491
federal law and regulations and recognized engineering practices,	1492
specify those locations where the signs shall not be erected.	1493

~~Sec. 4931.47.~~ Sec. 5507.18. (A) In accordance with ~~Chapters 4901.,~~	1494
~~4903., 4905., 4909., and 4931. of the Revised Code~~this chapter,	1495
the ~~public utilities commission~~tax 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 chapters~~this chapter, to the extent ~~they apply~~it 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 ~~4931.48~~5507.09 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 ~~4931.48~~5507.09 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

(2) The credit shall not be allowed under division (C)(1) of	1543
this section for the upgrading of a system from basic to enhanced	1544
wireline 9-1-1 if both of the following apply:	1545

(a) The telephone company received the credit for the	1546
wireline telephone network portion of the basic 9-1-1 system now	1547
proposed to be upgraded.	1548

(b) At the time the final plan or agreement pursuant to	1549
section ~~4931.48~~5507.09 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 commission~~safety	1555
under division (A) or (H) of section ~~4931.41~~5507.03 or division	1556
(C) of section ~~4931.48~~5507.09 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 ~~4931.48~~5507.09 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

(D) If customer premises equipment for a public safety	1569
answering point is supplied by a telephone company that is	1570
required to file a schedule under section 4905.30 of the Revised	1571
Code pertaining to customer premises equipment, the recurring and	1572
nonrecurring rates and charges for the installation and	1573
maintenance of the equipment specified in the schedule shall	1574
apply.	1575

~~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 ~~4931.44~~5507.08 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
~~4931.43~~5507.07 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

(F) All money collected by or on behalf of a county under	1648
this section shall be paid to the county treasurer of the county	1649
and kept in a separate and distinct fund to the credit of the	1650
county. The fund shall be used to pay the costs allowed in	1651
division (A) of this section and specified in the resolution	1652
adopted under that division. In no case shall any surplus so	1653
collected be expended for other than the use and benefit of the	1654
county.	1655

~~Sec. 4931.52.~~ Sec. 5507.25. (A) This section applies only to a	1656
county that meets both of the following conditions:	1657

(1) A final plan for a countywide 9-1-1 system either has not	1658
been approved in the county under section ~~4931.44~~5507.08 of the	1659
Revised Code or has been approved but has not been put into	1660
operation because of a lack of funding;	1661

(2) The board of county commissioners, at least once, has	1662
submitted to the electors of the county the question of raising	1663
funds for a 9-1-1 system under section ~~4931.51~~5507.22, 5705.19,	1664
or 5739.026 of the Revised Code, and a majority of the electors	1665
has disapproved the question each time it was submitted.	1666

(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

In any year, the board of county commissioners may impose a	1699
lesser charge than the amount originally approved by the electors.	1700
The board may change the amount of the charge no more than once a	1701
year. The board may not impose a charge greater than the amount	1702
approved by the electors without first holding an election on the	1703
question of the greater charge.	1704

(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 commission~~safety with regard to operating and	1714
maintaining a 9-1-1 system.	1715

(E) Pursuant to the voter approval required by division (C)	1716
of this section, the final plan for a countywide 9-1-1 system that	1717
will be funded through a monthly charge imposed in accordance with	1718
this section shall be amended by the existing 9-1-1 planning	1719
committee, and the amendment of such a final plan is not an	1720
amendment of a final plan for the purpose of division (A) of	1721
section ~~4931.45~~5507.12 of the Revised Code.	1722

~~Sec. 4931.53.~~ Sec. 5507.26. (A) This section applies only to a	1723
county that has a final plan for a countywide 9-1-1 system that	1724
either has not been approved in the county under section ~~4931.44~~	1725
5507.08 of the Revised Code or has been approved but has not been	1726
put into operation because of a lack of funding.	1727

(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

In any year, the board of county commissioners may impose a	1759
lesser charge than the amount originally approved by the electors.	1760
The board may change the amount of the charge no more than once a	1761
year. The board shall not impose a charge greater than the amount	1762
approved by the electors without first holding an election on the	1763
question of the greater charge.	1764

(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 commission~~safety with	1774
regard to operating and maintaining a 9-1-1 system.	1775

(E) Nothing in sections ~~4931.40~~5507.01 to ~~4931.53~~5507.34 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 ~~4931.40~~5507.01 to ~~4931.53~~5507.34 of the	1785
Revised Code, except that, for the purpose of division (D) of	1786
section ~~4931.41~~5507.03 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 ~~4931.45~~5507.12 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 ~~4931.52~~5507.25 or	1802
~~4931.53~~5507.26 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 ~~4931.52~~5507.25 or ~~4931.53~~5507.26 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

(B) A telephone company that collects charges under this	1816
section shall remit the money to the county on a quarterly basis.	1817
The company may retain three per cent of any charge it collects as	1818
compensation for the costs of such collection. If a company	1819
collects charges under this section and fails to remit the money	1820
to the county as prescribed, it is liable to the county for any	1821
amount collected and not remitted.	1822

~~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 Code~~this 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 ~~4931.48~~5507.09 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 Code~~this	1835
chapter.	1836

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	1837
board, and any member of that council or board are not liable in	1838
damages in a civil action for injuries, death, or loss to persons	1839
or property arising from any act or omission, except willful or	1840
wanton misconduct, in connection with the development or operation	1841
of a 9-1-1 system established under ~~sections 4931.40 to 4931.70 of~~	1842
~~the Revised Code~~this chapter.	1843

(B) Except as otherwise provided in section ~~4765.49~~5507.32	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 Code~~this 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

(2) Such an entity's or its officers', directors',	1873
employees', agents', or suppliers' provision of assistance to a	1874
public utility, municipal utility, or state or local government as	1875
authorized by divisions ~~(F)~~(G)(4) and (5) of this section.	1876

(D) Except for willful or wanton misconduct, a provider of	1877
and a seller of a prepaid wireless calling service and their	1878
respective officers, directors, employees, agents, and suppliers	1879
are not liable in damages in a civil action for injuries, death,	1880
or loss to persons or property incurred by any person resulting	1881
from anything described in division (C) of this section.	1882

(E) No person shall knowingly use the telephone number of a	1883
9-1-1 system established under ~~sections 4931.40 to 4931.70 of the~~	1884
~~Revised Code~~this chapter to report an emergency if the person	1885
knows that no emergency exists.	1886

~~(E)~~(F) No person shall knowingly use a 9-1-1 system for a	1887
purpose other than obtaining emergency service.	1888

~~(F)~~(G) No person shall disclose or use any information	1889
concerning telephone numbers, addresses, or names obtained from	1890
the data base that serves the public safety answering point of a	1891
9-1-1 system established under ~~sections 4931.40 to 4931.70 of the~~	1892
~~Revised Code~~this chapter, except for any of the following	1893
purposes or under any of the following circumstances:	1894

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

1895

(2) For the purpose of responding to an emergency call to an	1896
emergency service provider;	1897

(3) In the circumstance of the inadvertent disclosure of such	1898
information due solely to technology of the wireline telephone	1899
network portion of the 9-1-1 system not allowing access to the	1900
data base to be restricted to 9-1-1 specific answering lines at a	1901
public safety answering point;	1902

(4) In the circumstance of access to a data base being given	1903
by a telephone company that is a wireline service provider to a	1904
public utility or municipal utility in handling customer calls in	1905
times of public emergency or service outages. The charge, terms,	1906
and conditions for the disclosure or use of such information for	1907
the purpose of such access to a data base shall be subject to the	1908
jurisdiction of the department of public ~~utilities commission~~	1909
safety.	1910

(5) In the circumstance of access to a data base given by a	1911
telephone company that is a wireline service provider to a state	1912
and local government in warning of a public emergency, as	1913
determined by the department of public ~~utilities commission~~	1914
safety. The charge, terms, and conditions for the disclosure or	1915
use of that information for the purpose of access to a data base	1916
is subject to the jurisdiction of the department of public	1917
~~utilities commission~~safety.	1918

~~Sec. 4931.50.~~ Sec. 5507.34. (A) The attorney general, upon request	1919
of the department of public ~~utilities commission~~safety 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 Code~~this chapter or with the terms,	1924
conditions, requirements, or specifications of a final plan or of	1925
an agreement under section ~~4931.48~~5507.09 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
~~4931.48~~5507.09 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 commission~~safety 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 chairperson~~director of public	1943
safety and shall report directly to the ~~chairperson~~director.	1944
~~Upon the effective date of this section~~On the effective date of	1945
this section, the ~~chairperson~~director 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 ~~4931.69~~5507.66 of the Revised	1948
Code, shall consider those nominees in making the final	1949
appointment and in appointing any subsequent coordinator. The	1950
~~chairperson~~director 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
~~chairperson~~director shall evaluate the performance of the	1954
coordinator after considering the evaluation and recommendations	1955
of the council under section ~~4931.68~~5507.65 of the Revised Code.	1956

The ~~Ohio 9-1-1 coordinator~~tax commissioner shall administer	1957
the wireless 9-1-1 government assistance fund as specified in	1958
sections ~~4931.63~~5507.53 and ~~4931.64~~5507.55 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 Code~~this	1961
chapter. The ~~chairperson~~director 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 ~~4931.68~~5507.65 of	1964
the Revised Code. The ~~chairperson~~director may assign one or more	1965
~~commission~~department 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
~~there~~There 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-eight~~twenty-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

~~(1) At the point of sale. For purposes of prepaid wireless~~	1989
~~services, point of sale includes the purchasing of additional~~	1990
~~minutes by the subscriber along with any necessary activation of~~	1991
~~those minutes.~~	1992

~~(2) If the subscriber has a positive account balance on the~~	1993
~~last day of the month and has used the service during that month,~~	1994
~~by reducing that balance not later than the end of the first week~~	1995
~~of the following month by the amount of the charge or an~~	1996
~~equivalent number of airtime minutes;~~	1997

~~(3) By dividing the total earned prepaid wireless telephone~~	1998
~~revenue from sales within this state received by the wireless~~	1999
~~service provider or reseller during the month by fifty,~~	2000
~~multiplying the quotient by twenty-eight cents, and remitting this~~	2001
~~amount pursuant to division (A)(1) of section 4931.62 of the~~	2002
~~Revised Code~~The wireless 9-1-1 charge authorized under this	2003
section shall not be imposed on a wireless lifeline service	2004
provider.	2005

(B)(1) Beginning July 1, 2013, there is hereby imposed, on	2006
each retail sale of a prepaid wireless calling service occurring	2007
in this state, a wireless 9-1-1 charge of fifty hundredths of a	2008
per cent of the sale price.	2009

(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

(3) Except as provided in division (B)(4)(c) of this section,	2019
the seller of the prepaid wireless calling service shall collect	2020
the charge from the consumer at the time of each retail sale and	2021
disclose the amount of the charge to the consumer at the time of	2022
the sale by itemizing the charge on the receipt, invoice, or	2023
similar form of written documentation provided to the consumer.	2024

(4) When a prepaid wireless calling service is sold with one	2025
or more other products or services for a single, nonitemized	2026
price, the wireless 9-1-1 charge imposed under division (B)(1) of	2027
this section shall apply to the entire nonitemized price, except	2028
as provided in divisions (B)(4)(a) to (c) of this section.	2029

(a) If the amount of the prepaid wireless calling service is	2030
disclosed to the consumer as a dollar amount, the seller may elect	2031
to apply the charge only to that dollar amount.	2032

(b) If the seller can identify the portion of the nonitemized	2033
price that is attributable to the prepaid wireless calling	2034
service, by reasonable and verifiable standards from the seller's	2035
books and records that are kept in the regular course of business	2036
for other purposes, including nontax purposes, the seller may	2037
elect to apply the charge only to that portion.	2038

(c) If a minimal amount of a prepaid wireless calling service	2039
is sold with a prepaid wireless calling device for the single,	2040
nonitemized price, the seller may elect not to collect the charge.	2041
As used in this division, "minimal" means either ten minutes or	2042
less or five dollars or less.	2043

(C) The wireless 9-1-1 ~~charge~~charges shall be exempt from	2044
state or local taxation.	2045

Sec. 5507.44. Beginning July 1, 2013, the tax commissioner	2046
shall provide notice to all known wireless service providers,	2047
resellers of wireless service, and sellers of prepaid wireless	2048
calling services of any increase or decrease in either of the	2049
wireless 9-1-1 charges imposed under section 5507.42 of the	2050
Revised Code. Each notice shall be provided not less than thirty	2051
days before the effective date of the increase or decrease.	2052

~~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 ~~4931.61~~5507.42 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
~~coordinator~~tax 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 ~~coordinator~~tax commissioner such	2072
lesser amount, if any, as results from that invoice.	2073

(2) A wireless service provider or reseller of wireless	2074
service may retain as a billing and collection fee two per cent of	2075
the total wireless 9-1-1 charges it collects in any month and	2076
shall account to the ~~coordinator~~tax commissioner for the amount	2077
retained.	2078

(3) The ~~coordinator~~tax commissioner shall return to, or	2079
credit against the next month's remittance of, a wireless service	2080
provider or service reseller the amount of any remittances the	2081
~~coordinator~~tax commissioner determines were erroneously submitted	2082
by the provider or reseller.	2083

(B)(1) Subject to division (B)(2) of this section, each	2084
seller of a prepaid wireless calling service required to collect	2085
prepaid wireless 9-1-1 charges under division (B) of section	2086
5507.42 of the Revised Code shall, on or before the twenty-third	2087
day of each month, except as provided in divisions (B)(2)(a), (b),	2088
and (c) of this section, do both of the following:	2089

(a) Make and file a return for the preceding month, in the	2090
form prescribed by the tax commissioner, showing the amount of the	2091
charges collected during that month;	2092

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

2093

(2)(a) The commissioner may extend the time for making and	2094
filing returns and paying amounts due.	2095

(b) The commissioner may require that the return for the last	2096
month of any annual or semiannual period, as determined by the	2097
commissioner, be a reconciliation return detailing the prepaid	2098
wireless 9-1-1 charges collected during the preceding annual or	2099
semiannual period. A reconciliation return shall be filed on or	2100
before the last day of the month following the last month of the	2101
annual or semiannual period.	2102

(c) If a seller is required to collect prepaid wireless 9-1-1	2103
charges in amounts that do not merit monthly returns, the	2104
commissioner may authorize the seller to make and file returns	2105
less frequently. The commissioner shall ascertain whether this	2106
authorization is warranted upon the basis of administrative costs	2107
to the state.	2108

(d) A seller may retain as a collection fee three per cent of	2109
the total wireless 9-1-1 charges described in division (B)(1) of	2110
this section, and shall account to the tax commissioner for the	2111
amount retained.	2112

(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 ~~4931.61~~5507.42 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 ~~coordinator~~tax commissioner, the	2134
wireless service provider or reseller is liable to the state for	2135
any amount collected and not remitted.	2136

~~(C)~~(2) No provider of a prepaid wireless calling service	2137
shall be liable to the state for any wireless 9-1-1 charge imposed	2138
under division (B)(1) of section 5507.42 of the Revised Code that	2139
was not collected or remitted.	2140

(E)(1) If the ~~public utilities commission~~tax 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 ~~commission~~tax 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 ~~commission~~tax	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 ~~commission~~tax 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 ~~commission~~tax	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 ~~commission~~tax 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 ~~commission~~tax 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 ~~commission~~tax commissioner unless the assessed	2179
party petitions for rehearing under section 4903.10 of the Revised	2180
Code. The proceedings of the ~~commission~~tax 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 ~~commission~~tax	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

The judgment of the court of appeals is final and conclusive	2190
unless reversed, vacated, or modified on appeal. Such an appeal	2191
may be made by the ~~commission~~tax commissioner or the person to	2192
whom the order under division ~~(C)~~(E)(2) of this section was issued	2193
and shall proceed as in the case of appeals in civil actions as	2194
provided in Chapter 2505. of the Revised Code.	2195

(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 the~~final 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 ~~commission~~tax	2209
commissioner.	2210

(6) An assessment under this division does not discharge a	2211
subscriber's liability to reimburse the provider or reseller for	2212
the wireless 9-1-1 charge imposed under division (A) of section	2213
5507.42 of the Revised Code. If, after the date of service of the	2214
audit notice under division ~~(C)~~(E)(1) of this section, a	2215
subscriber pays a wireless 9-1-1 charge for the period covered by	2216
the assessment, the payment shall be credited against the	2217
assessment.	2218

(7) All money collected by the ~~commission~~tax commissioner	2219
under ~~this~~ division (E) of this section shall be paid to the	2220
treasurer of state, for deposit to the credit of the wireless	2221
9-1-1 government assistance fund.	2222

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

(B) The department shall, within forty-five days after the	2231
end of each month, transfer the amount remaining after the deposit	2232
required by division (A) of this section to the credit of the	2233
wireless 9-1-1 government assistance fund, created in section	2234
4931.63 of the Revised Code. Immediately upon completion of this	2235
transfer, the department shall certify to the director of public	2236
safety the amount transferred under this division.	2237

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

(B) The tax commissioner shall establish procedures by which	2246
a person may document that a sale is not a retail sale of a	2247
prepaid wireless calling service. The procedures shall	2248
substantially coincide with similar procedures under Chapter 5739.	2249
of the Revised Code.	2250

~~Sec. 4931.63.~~ Sec. 5507.53. (A) There is hereby created the	2251
wireless 9-1-1 administrative fund in the state treasury. A	2252
~~sufficient percentage, determined by the chairperson of the public~~	2253
~~utilities commission but not to exceed two per cent, of the~~	2254
~~periodic~~Periodic remittances of the wireless 9-1-1 ~~charge~~charges	2255
under section ~~4931.62~~5507.46 of the Revised Code shall be	2256
deposited to the credit of the fund~~, to~~and used as follows:	2257

(1) One per cent of the remittances shall be used by the	2258
~~commission~~director of public safety to cover such nonpayroll	2259
costs and, at the discretion of the ~~commission~~director such	2260
payroll costs, of the ~~commission~~department of public safety as	2261
are incurred in assisting the ~~coordinator~~director in carrying out	2262
sections ~~4931.60~~5507.40 to ~~4931.70~~5507.66 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

(2) One per cent of the remittances shall be used by the	2268
department of taxation to defray the costs in carrying out	2269
sections 5507.40 to 5507.66 of the Revised Code.	2270

(3) Annually, the tax commissioner and the director of public	2271
safety, after paying administrative costs incurred in carrying out	2272
sections 5507.40 to 5507.66 of the Revised Code, shall transfer	2273
any excess remaining in the wireless 9-1-1 administrative fund to	2274
the wireless 9-1-1 government assistance fund.	2275

(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 ~~charge~~charges under section	2279
5507.46 of the Revised Code, remaining after the ~~deposit~~deposits	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
~~coordinator~~tax 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 ~~coordinator~~director	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

~~Sec. 4931.64.~~ Sec. 5507.55. (A) Prior to the first disbursement	2312
under this section and annually thereafter not later than the	2313
twenty-fifth day of January, until the wireless 9-1-1 government	2314
assistance fund is depleted, the ~~Ohio 9-1-1 coordinator~~tax	2315
commissioner shall do both of the following for the purposes of	2316
division (B) of this section:	2317

(1) Determine, for a county that has adopted a final plan	2318
under ~~sections 4931.40 to 4931.70 of the Revised Code~~this 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

(2) Determine each county's proportionate share of the	2331
wireless 9-1-1 government assistance fund for the ensuing calendar	2332
year on the basis set forth in division (B) of this section;	2333
estimate the ensuing calendar year's fund balance; compute each	2334
such county's estimated proceeds for the ensuing calendar year	2335
based on its proportionate share and the estimated fund balance;	2336
and certify such amount of proceeds to the county auditor of each	2337
such county.	2338

(B) ~~The Ohio 9-1-1 coordinator~~Except 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

(1) The number of wireless telephone numbers determined for	2349
the county by the ~~coordinator~~tax commissioner pursuant to	2350
division (A) of this section;	2351

(2) The total number of wireless telephone numbers assigned	2352
to subscribers who have billing addresses within this state. To	2353
the extent that the fund balance permits, the disbursements to	2354
each county shall total at least ninety thousand dollars annually.	2355

(C)(1) Each county that has not adopted a final plan for the	2356
provision of wireless enhanced 9-1-1 under ~~sections 4931.40 to~~	2357
~~4931.70 of the Revised Code~~this chapter shall be deemed as having	2358
done so for the purposes of making the determinations under	2359
divisions (A)(1) and (2) of this section.	2360

(2) For each county described in division (C)(1) of this	2361
section, the ~~coordinator~~tax 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
~~coordinator~~tax 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 ~~coordinator~~tax 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

(D) Immediately upon receipt by a county treasurer of a	2377
disbursement under division (B) or (C) of this section, the county	2378
shall disburse, in accordance with the allocation formula set	2379
forth in the final plan, the amount the county so received to any	2380
other subdivisions in the county and any regional councils of	2381
governments in the county that pay the costs of a public safety	2382
answering point providing wireless enhanced 9-1-1 under the plan.	2383

(E) Nothing in ~~sections 4931.40 to 4931.70 of the Revised~~	2384
~~Code~~this 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

(F) On and after July 1, 2013, disbursements made by the tax	2393
commissioner under this section shall remain at the level	2394
disbursed in 2012. After the disbursements are made, the balances	2395
of the remittances in the wireless 9-1-1 government assistance	2396
fund shall be deposited in the next generation 9-1-1 fund.	2397

~~Sec. 4931.65.~~ Sec. 5507.57. Except as otherwise provided in	2398
section ~~4931.651~~5507.571 of the Revised Code:	2399

(A) A countywide 9-1-1 system receiving a disbursement under	2400
section ~~4931.64~~5507.55 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 Code~~this 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 ~~4931.68~~5507.65 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

(2) Any costs of training the staff of the public safety	2429
answering point or points to provide wireless enhanced 9-1-1,	2430
which costs are incurred before or on or after May 6, 2005.	2431

(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 coordinator~~tax 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 ~~4931.64~~5507.55 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

(C) After receiving its ~~April~~July 2013 disbursement under	2442
section ~~4931.64~~5507.55 of the Revised Code, a regional council	2443
of governments operating a public safety answering point or a	2444
subdivision may use any remaining balance of disbursements it	2445
received under that section to pay any of its costs of providing	2446
countywide wireless 9-1-1, including the personnel costs of one or	2447
more public safety answering points providing that service.	2448

(D) The costs described in divisions (A), (B), ~~and~~ (C), and	2449
(E) of this section may include any such costs payable pursuant to	2450
an agreement under division (J) of section ~~4931.41~~5507.03 of the	2451
Revised Code.	2452

(E) No disbursement to a countywide 9-1-1 system for costs of	2453
a public safety answering point shall be made from the wireless	2454
9-1-1 government assistance fund or the next generation 9-1-1 fund	2455
unless the public safety answering point meets the standards set	2456
by rule of the statewide emergency services internet protocol	2457
network steering committee under section 5507.02 of the Revised	2458
Code.	2459

(F) The auditor of state may audit and review each county's	2460
expenditures of funds received from the wireless 9-1-1 government	2461
assistance fund to verify that the funds were used in accordance	2462
with the requirements of this chapter.	2463

~~Sec. 4931.651.~~ Sec. 5507.571. ~~On or after March 1, 2009, payment~~	2464
(A) Payment of costs specified in divisions (A) to (D) of section	2465
~~4931.65~~5507.57 of the Revised Code ~~and so payable~~ from a	2466
disbursement under section ~~4931.64~~5507.55 of the Revised Code	2467
shall be limited to those specified and payable costs incurred	2468
~~after that date~~ for ~~not more than five~~a specified number of	2469
public safety answering points of the particular 9-1-1 system as	2470
follows:	2471

(1) For the period beginning on March 1, 2009, and ending on	2472
December 31, 2015, a countywide 9-1-1 system may use disbursements	2473
for not more than five public safety answering points per calendar	2474
year.	2475

(2) Except as provided in division (B) of this section:

2476

(a) For the period beginning on January 1, 2016, and ending	2477
on December 31, 2017, a countywide 9-1-1 system may use	2478
disbursements for not more than four public safety answering	2479
points per calendar year.	2480

(b) For the period beginning on January 1, 2018, and	2481
thereafter a countywide 9-1-1 system may use disbursements for not	2482
more than three public safety answering points per calendar year.	2483

(B) If within a county there is a municipal corporation with	2484
a population of over 175,000 according to the most recent federal	2485
decennial census, that county may use disbursements for one public	2486
safety answering point in addition to the number of public safety	2487
answering points allowed under division (A)(2) of this section.	2488

(C) If a county exceeds the allowable number of public safety	2489
answering points under this section, disbursements to countywide	2490
9-1-1 systems made to the county from the wireless 9-1-1	2491
government assistance fund and the next generation 9-1-1 fund	2492
shall be reduced by fifty per cent until the county complies with	2493
the public safety answering point limitations established under	2494
this section.	2495

~~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 coordinator~~director of public safety	2501
and the tax commissioner with such information as the ~~coordinator~~	2502
~~requests~~director and tax commissioner request for the purposes of	2503
carrying out ~~the coordinator's~~their duties under ~~sections 4931.60~~	2504
~~to 4931.70 of the Revised Code~~this 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 ~~4931.70~~5507.42 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 ~~4931.41~~5507.03 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

(3) A subdivision or regional council of governments	2517
operating one or more public safety answering points of a 9-1-1	2518
system, and a telephone company, shall provide to the Ohio 9-1-1	2519
council such information as the council requires for the purpose	2520
of carrying out its duties under division (D) of section ~~4931.68~~	2521
5507.65 of the Revised Code.	2522

(B)(1) Any information provided under division (A) of this	2523
section that consists of trade secrets as defined in section	2524
1333.61 of the Revised Code or of information regarding the	2525
customers, revenues, expenses, or network information of a	2526
telephone company shall be confidential and does not constitute a	2527
public record for the purpose of section 149.43 of the Revised	2528
Code.	2529

(2) The ~~public utilities commission, the Ohio 9-1-1~~	2530
~~coordinator~~director, tax commissioner, and any official,	2531
employee, agent, or representative of the ~~commission~~director, of	2532
the tax commissioner, of the state highway patrol as described in	2533
division (J) of section ~~4931.41~~5507.03 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 coordinator~~director 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 ~~4931.69~~5507.66 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 commission~~tax	2549
commissioner and the director of public safety, after consultation	2550
with ~~the Ohio 9-1-1 coordinator~~each other, shall adopt rules in	2551
accordance with Chapter 119. of the Revised Code to carry out	2552
sections ~~4931.60~~5507.40 to ~~4931.70~~5507.55 of the Revised Code,	2553
including rules prescribing the necessary accounting for a	2554
~~wireless service provider's or reseller's~~the billing and	2555
collection fee under division (A)(2) of section ~~4931.62~~5507.46 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 ~~amount~~amounts of the wireless 9-1-1 ~~charge~~charges	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 ~~nine~~ten members appointed by the governor. In	2566
appointing the ~~nine~~ten 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

Initial appointments shall be made not later than thirty days	2581
after ~~the effective date of this section~~May 6, 2005. Nothing in	2582
this section shall prevent the governor from rejecting any of the	2583
nominees or requesting that a nominating entity under this	2584
division submit the names of alternative nominees for	2585
consideration.	2586

(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

Each council member shall hold office from the date of the	2603
member's appointment until the end of the term for which the	2604
member was appointed. Members may be reappointed.	2605

Vacancies shall be filled in the manner provided for original	2606
appointments. Any member appointed to fill a vacancy occurring	2607
prior to the expiration date of the term for which the member's	2608
predecessor was appointed shall hold office as a member for the	2609
remainder of that term. A member shall continue in office after	2610
the expiration date of the member's term until the member's	2611
successor takes office or until a period of sixty days has	2612
elapsed, whichever occurs first.	2613

Appointed members shall serve without compensation and shall	2614
not be reimbursed for expenses.	2615

(C) The council shall select a chairperson from among the	2616
appointed members. Each member shall have one vote in all	2617
deliberations of the council~~, except that the Ohio 9-1-1~~	2618
~~coordinator shall not be eligible to vote on a matter described in~~	2619
~~division (D)(3) of this section~~. A majority of the voting members	2620
constitutes a quorum.	2621

(D) The duties of the council shall consist of ~~all~~both of	2622
the following:	2623

(1) Arbitrating or establishing relative to 9-1-1 systems in	2624
this state nondiscriminatory, competitively neutral, and uniform	2625
technical and operational standards consistent with recognized	2626
industry standards and federal law. This authority does not	2627
include authority to prescribe the technology that a telephone	2628
company or reseller uses to deliver 9-1-1 calls.	2629

(2) Including for the purpose of ~~the Ohio 9-1-1 coordinator~~	2630
reporting to the general assembly, conducting research and making	2631
recommendations or reports regarding any wireline and wireless	2632
9-1-1 issues, any improvements in the provision of service by	2633
9-1-1 systems in this state, or any legislation or policies	2634
concerning such systems;	2635

(3) Regarding the position of Ohio 9-1-1 coordinator,	2636
submitting names of nominees and recommended duties as authorized	2637
under section ~~4931.60~~5507.40 of the Revised Code and, at least	2638
biennially, conducting and submitting with recommendations to the	2639
public utilities commission a performance evaluation of the	2640
coordinator.	2641

(E) The council is not an agency, as defined in section	2642
101.82 of the Revised Code, for purposes of sections 101.82 to	2643
101.87 of the Revised Code.	2644

~~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 ~~4931.68~~5507.65 of	2673
the Revised Code.	2674

(C) The ~~Ohio 9-1-1 coordinator~~director of public safety	2675
shall appoint the chairperson of the advisory board. Each member	2676
of the board shall be a voting member and shall have one vote in	2677
all deliberations of the board. A majority of the members	2678
constitutes a quorum.	2679

(D)~~(1) The advisory board shall make a recommendation to the~~	2680
~~coordinator regarding the amount of the wireless 9-1-1 charge to~~	2681
~~be included in the report required by division (B) of section~~	2682
~~4931.70 of the Revised Code and shall consult with the coordinator~~	2683
~~regarding that report.~~	2684

~~(2)~~ The advisory board shall make recommendations to and	2685
consult with the ~~public utilities commission and the coordinator~~	2686
director regarding any rules to be adopted under section ~~4931.67~~	2687
5507.63 of the Revised Code.	2688

(E) The advisory board is not an agency, as defined in	2689
section 101.82 of the Revised Code, for purposes of sections	2690
101.82 to 101.87 of the Revised Code.	2691

~~Sec. 4931.99.~~ Sec. 5507.99. (A) Whoever violates division ~~(D)~~(E)	2692
of section ~~4931.49~~5507.32 of the Revised Code is guilty of a	2693
misdemeanor of the fourth degree.	2694

(B) ~~Whoever violates division (B) of section 4931.06 of the~~	2695
~~Revised Code is guilty of a misdemeanor in the first degree.~~	2696

~~(C)~~ Whoever violates division ~~(E)~~(F) or ~~(F)~~(G) of section	2697
~~4931.49~~5507.32 or division (B)(2) of section ~~4931.66~~5507.60 of	2698
the Revised Code is guilty of a misdemeanor of the fourth degree	2699
on a first offense and a felony of the fifth degree on each	2700
subsequent offense.	2701

~~(D) Whoever violates section 4931.75 of the Revised Code is~~	2702
~~guilty of a minor misdemeanor for a first offense and a~~	2703
~~misdemeanor of the first degree on each subsequent offense.~~	2704

Sec. 5705.19. This section does not apply to school	2705
districts or county school financing districts.	2706

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

(A) For current expenses of the subdivision, except that the	2716
total levy for current expenses of a detention facility district	2717
or district organized under section 2151.65 of the Revised Code	2718
shall not exceed two mills and that the total levy for current	2719
expenses of a combined district organized under sections 2151.65	2720
and 2152.41 of the Revised Code shall not exceed four mills;	2721

(B) For the payment of debt charges on certain described	2722
bonds, notes, or certificates of indebtedness of the subdivision	2723
issued subsequent to January 1, 1925;	2724

(C) For the debt charges on all bonds, notes, and	2725
certificates of indebtedness issued and authorized to be issued	2726
prior to January 1, 1925;	2727

(D) For a public library of, or supported by, the subdivision	2728
under whatever law organized or authorized to be supported;	2729

(E) For a municipal university, not to exceed two mills over	2730
the limitation of one mill prescribed in section 3349.13 of the	2731
Revised Code;	2732

(F) For the construction or acquisition of any specific	2733
permanent improvement or class of improvements that the taxing	2734
authority of the subdivision may include in a single bond issue;	2735

(G) For the general construction, reconstruction,	2736
resurfacing, and repair of streets, roads, and bridges in	2737
municipal corporations, counties, or townships;	2738

(H) For parks and recreational purposes;

2739

(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

(K) For the maintenance and operation of a county home or	2763
detention facility;	2764

(L) For community mental retardation and developmental	2765
disabilities programs and services pursuant to Chapter 5126. of	2766
the Revised Code, except that the procedure for such levies shall	2767
be as provided in section 5705.222 of the Revised Code;	2768

(M) For regional planning;

2769

(N) For a county's share of the cost of maintaining and	2770
operating schools, district detention facilities, forestry camps,	2771
or other facilities, or any combination thereof, established under	2772
section 2151.65 or 2152.41 of the Revised Code or both of those	2773
sections;	2774

(O) For providing for flood defense, providing and	2775
maintaining a flood wall or pumps, and other purposes to prevent	2776
floods;	2777

(P) For maintaining and operating sewage disposal plants and	2778
facilities;	2779

(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

(R) For the subdivision's share of the cost of acquiring or	2787
constructing any schools, forestry camps, detention facilities, or	2788
other facilities, or any combination thereof, under section	2789
2151.65 or 2152.41 of the Revised Code or both of those sections;	2790

(S) For the prevention, control, and abatement of air	2791
pollution;	2792

(T) For maintaining and operating cemeteries;

2793

(U) For providing ambulance service, emergency medical	2794
service, or both;	2795

(V) For providing for the collection and disposal of garbage	2796
or refuse, including yard waste;	2797

(W) For the payment of the police officer employers'	2798
contribution or the firefighter employers' contribution required	2799
under sections 742.33 and 742.34 of the Revised Code;	2800

(X) For the construction and maintenance of a drainage	2801
improvement pursuant to section 6131.52 of the Revised Code;	2802

(Y) For providing or maintaining senior citizens services or	2803
facilities as authorized by section 307.694, 307.85, 505.70, or	2804
505.706 or division (EE) of section 717.01 of the Revised Code;	2805

(Z) For the provision and maintenance of zoological park	2806
services and facilities as authorized under section 307.76 of the	2807
Revised Code;	2808

(AA) For the maintenance and operation of a free public	2809
museum of art, science, or history;	2810

(BB) For the establishment and operation of a 9-1-1 system,	2811
as defined in section ~~4931.40~~5507.01 of the Revised Code;	2812

(CC) For the purpose of acquiring, rehabilitating, or	2813
developing rail property or rail service. As used in this	2814
division, "rail property" and "rail service" have the same	2815
meanings as in section 4981.01 of the Revised Code. This division	2816
applies only to a county, township, or municipal corporation.	2817

(DD) For the purpose of acquiring property for, constructing,	2818
operating, and maintaining community centers as provided for in	2819
section 755.16 of the Revised Code;	2820

(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

(FF) For the purpose of acquiring, establishing,	2831
constructing, improving, equipping, maintaining, or operating, or	2832
any combination of the foregoing, a township airport, landing	2833
field, or other air navigation facility pursuant to section 505.15	2834
of the Revised Code;	2835

(GG) For the payment of costs incurred by a township as a	2836
result of a contract made with a county pursuant to section	2837
505.263 of the Revised Code in order to pay all or any part of the	2838
cost of constructing, maintaining, repairing, or operating a water	2839
supply improvement;	2840

(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

(II) For the support by a county of a crime victim assistance	2866
program that is provided and maintained by a county agency or a	2867
private, nonprofit corporation or association under section 307.62	2868
of the Revised Code;	2869

(JJ) For any or all of the purposes set forth in divisions	2870
(I) and (J) of this section. This division applies only to a	2871
township.	2872

(KK) For a countywide public safety communications system	2873
under section 307.63 of the Revised Code. This division applies	2874
only to counties.	2875

(LL) For the support by a county of criminal justice services	2876
under section 307.45 of the Revised Code;	2877

(MM) For the purpose of maintaining and operating a jail or	2878
other detention facility as defined in section 2921.01 of the	2879
Revised Code;	2880

(NN) For purchasing, maintaining, or improving, or any	2881
combination of the foregoing, real estate on which to hold	2882
agricultural fairs. This division applies only to a county.	2883

(OO) For constructing, rehabilitating, repairing, or	2884
maintaining sidewalks, walkways, trails, bicycle pathways, or	2885
similar improvements, or acquiring ownership interests in land	2886
necessary for the foregoing improvements;	2887

(PP) For both of the purposes set forth in divisions (G) and	2888
(OO) of this section.	2889

(QQ) For both of the purposes set forth in divisions (H) and	2890
(HH) of this section. This division applies only to a township.	2891

(RR) For the legislative authority of a municipal	2892
corporation, board of county commissioners of a county, or board	2893
of township trustees of a township to acquire agricultural	2894
easements, as defined in section 5301.67 of the Revised Code, and	2895
to supervise and enforce the easements.	2896

(SS) For both of the purposes set forth in divisions (BB) and	2897
(KK) of this section. This division applies only to a county.	2898

(TT) For the maintenance and operation of a facility that is	2899
organized in whole or in part to promote the sciences and natural	2900
history under section 307.761 of the Revised Code.	2901

(UU) For the creation and operation of a county land	2902
reutilization corporation and for any programs or activities of	2903
the corporation found by the board of directors of the corporation	2904
to be consistent with the purposes for which the corporation is	2905
organized;	2906

(VV) For construction and maintenance of improvements and	2907
expenses of soil and water conservation district programs under	2908
Chapter 1515. of the Revised Code;	2909

(WW) For the Ohio cooperative extension service fund created	2910
under section 3335.35 of the Revised Code for the purposes	2911
prescribed under section 3335.36 of the Revised Code for the	2912
benefit of the citizens of a county. This division applies only to	2913
a county.	2914

(XX) For a municipal corporation that withdraws or proposes	2915
by resolution to withdraw from a regional transit authority under	2916
section 306.55 of the Revised Code to provide transportation	2917
services for the movement of persons within, from, or to the	2918
municipal corporation.	2919

The resolution shall be confined to the purpose or purposes	2920
described in one division of this section, to which the revenue	2921
derived therefrom shall be applied. The existence in any other	2922
division of this section of authority to levy a tax for any part	2923
or all of the same purpose or purposes does not preclude the use	2924
of such revenues for any part of the purpose or purposes of the	2925
division under which the resolution is adopted.	2926

The resolution shall specify the amount of the increase in	2927
rate that it is necessary to levy, the purpose of that increase in	2928
rate, and the number of years during which the increase in rate	2929
shall be in effect, which may or may not include a levy upon the	2930
duplicate of the current year. The number of years may be any	2931
number not exceeding five, except as follows:	2932

(1) When the additional rate is for the payment of debt	2933
charges, the increased rate shall be for the life of the	2934
indebtedness.	2935

(2) When the additional rate is for any of the following, the	2936
increased rate shall be for a continuing period of time:	2937

(a) For the current expenses for a detention facility	2938
district, a district organized under section 2151.65 of the	2939
Revised Code, or a combined district organized under sections	2940
2151.65 and 2152.41 of the Revised Code;	2941

(b) For providing a county's share of the cost of maintaining	2942
and operating schools, district detention facilities, forestry	2943
camps, or other facilities, or any combination thereof,	2944
established under section 2151.65 or 2152.41 of the Revised Code	2945
or under both of those sections.	2946

(3) When the additional rate is for either of the following,	2947
the increased rate may be for a continuing period of time:	2948

(a) For the purposes set forth in division (I), (J), (U), or	2949
(KK) of this section;	2950

(b) For the maintenance and operation of a joint recreation	2951
district.	2952

(4) When the increase is for the purpose or purposes set	2953
forth in division (D), (G), (H), (CC), or (PP) of this section,	2954
the tax levy may be for any specified number of years or for a	2955
continuing period of time, as set forth in the resolution.	2956

(5) When the additional rate is for the purpose described in	2957
division (Z) of this section, the increased rate shall be for any	2958
number of years not exceeding ten.	2959

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

A resolution adopted by the legislative authority of a	2992
municipal corporation that is for the purpose in division (XX) of	2993
this section may be combined with the purpose provided in section	2994
306.55 of the Revised Code, by vote of two-thirds of all members	2995
of the legislative authority. The legislative authority may	2996
certify the resolution to the board of elections as a combined	2997
question. The question appearing on the ballot shall be as	2998
provided in section 5705.252 of the Revised Code.	2999

The resolution shall go into immediate effect upon its	3000
passage, and no publication of the resolution is necessary other	3001
than that provided for in the notice of election.	3002

When the electors of a subdivision or, in the case of a	3003
qualifying library levy for the support of a library association	3004
or private corporation, the electors of the association library	3005
district, have approved a tax levy under this section, the taxing	3006
authority of the subdivision may anticipate a fraction of the	3007
proceeds of the levy and issue anticipation notes in accordance	3008
with section 5705.191 or 5705.193 of the Revised Code.	3009

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

3010

(1) "9-1-1 system" has the same meaning as in section ~~4931.40~~	3011
5507.01 of the Revised Code.	3012

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	3013
approved by the ~~public utilities commission~~tax commissioner for	3014
the telephone network portion of a 9-1-1 system pursuant to	3015
section ~~4931.47~~5507.18 of the Revised Code.	3016

(3) "Eligible nonrecurring 9-1-1 charges" means all	3017
nonrecurring 9-1-1 charges for a 9-1-1 system except both of the	3018
following:	3019

(a) Charges for a system that was not established pursuant to	3020
a plan adopted under section ~~4931.44~~5507.08 of the Revised Code	3021
or an agreement under section ~~4931.48~~5507.09 of the Revised Code;	3022

(b) Charges for that part of a system established pursuant to	3023
such a plan or agreement that are excluded from the credit by	3024
division (C)(2) of section ~~4931.47~~5507.18 of the Revised Code.	3025

(4) "Telephone company" has the same meaning as in section	3026
5727.01 of the Revised Code.	3027

(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

Section 3. This act is hereby declared to be an emergency	3072
measure necessary for the immediate preservation of the public	3073
peace, health, and safety. The reason for such necessity is to	3074
advance and ensure the provision of wireless enhanced 9-1-1	3075
service in an efficient and effective manner, including by	3076
maintaining the wireless 9-1-1 charge, which would otherwise	3077
expire at the end of December 2012. Therefore, this act shall go	3078
into immediate effect.	3079

Section 4. Section 5705.19 of the Revised Code is presented	3080
in this act as a composite of the section as amended by both Am.	3081
Sub. H.B. 487 and Am. S.B. 321 of the 129th General Assembly. The	3082
General Assembly, applying the principle stated in division (B) of	3083
section 1.52 of the Revised Code that amendments are to be	3084
harmonized if reasonably capable of simultaneous operation, finds	3085
that the composite is the resulting version of the section in	3086
effect prior to the effective date of the section as presented in	3087
this act.	3088