As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 106


Senator Schaffer 



A BILL
To enact section 4511.714 of the Revised Code to 1
prohibit the operation of a motor vehicle on or 2
onto any location that is temporarily covered by a 3
rise in water level and to impose on an offender a 4
financial sanction of up to $2,000 for the cost of 5
the person's rescue, payable to the person's 6
rescuer.7


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

       Section 1.  That section 4511.714 of the Revised Code be 8
enacted to read as follows:9

       Sec. 4511.714.  (A) No person shall operate a vehicle on or 10
onto a public street or highway that is temporarily covered by a 11
rise in water level, including groundwater or an overflow of 12
water, and that is clearly marked as being closed due to the rise 13
in water level.14

       (B) A person who is issued a citation for a violation of 15
division (A) of this section is not permitted to enter a written 16
plea of guilty and waive the person's right to contest the 17
citation in court, but instead must appear in person in the proper 18
court to answer the charge.19

       (C)(1) Whoever violates division (A) of this section is 20
guilty of a minor misdemeanor.21

       (2) In addition to the financial sanctions authorized or 22
required under section 2929.28 of the Revised Code and to any 23
costs otherwise authorized or required under any provision of law, 24
the court imposing sentence upon an offender who is convicted of 25
or pleads guilty to a violation of division (A) of this section 26
shall order the offender to reimburse one or more rescuers for the 27
cost any such rescuer incurred in rescuing the person, excluding 28
any cost of transporting the rescued person to a hospital or other 29
facility for treatment of injuries, up to a cumulative maximum of 30
two thousand dollars. If more than one rescuer was involved in the 31
emergency response, the court shall allocate the reimbursement 32
proportionately, according to the cost each rescuer incurred. A 33
financial sanction imposed under this section is a judgment in 34
favor of the rescuer and, subject to a determination of indigency 35
under division (B) of section 2929.28 of the Revised Code, a 36
rescuer may collect the financial sanction in the same manner as 37
provided in section 2929.28 of the Revised Code.38

       (D) As used in this section:39

       (1) "Emergency medical service organization," "firefighting 40
agency," and "private fire company" have the same meanings as in 41
section 9.60 of the Revised Code.42

       (2) "Rescuer" means a state agency, political subdivision, 43
firefighting agency, private fire company, or emergency medical 44
service organization.45