As Passed by the House

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


Senator Schaffer 

Cosponsors: Senators Manning, Jones, LaRose, Lehner 

Representatives Damschroder, Ruhl, Redfern Speaker Batchelder 



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, 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, and to designate this act the "Allan H. 7
Anderson, Jr. Act."8


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

       Section 1.  That section 4511.714 of the Revised Code be 9
enacted to read as follows:10

       Sec. 4511.714.  (A) No person shall operate a vehicle on or 11
onto a public street or highway that is temporarily covered by a 12
rise in water level, including groundwater or an overflow of 13
water, and that is clearly marked by a sign that specifies that 14
the road is closed due to the rise in water level and that any 15
person who uses the closed portion of the road may be fined up to 16
two thousand dollars.17

       (B) A person who is issued a citation for a violation of 18
division (A) of this section is not permitted to enter a written 19
plea of guilty and waive the person's right to contest the 20
citation in court, but instead must appear in person in the proper 21
court to answer the charge.22

       (C)(1) Whoever violates division (A) of this section is 23
guilty of a minor misdemeanor.24

       (2) In addition to the financial sanctions authorized or 25
required under section 2929.28 of the Revised Code and to any 26
costs otherwise authorized or required under any provision of law, 27
the court imposing the sentence upon an offender who is convicted 28
of or pleads guilty to a violation of division (A) of this section 29
shall order the offender to reimburse one or more rescuers for the 30
cost any such rescuer incurred in rescuing the person, excluding 31
any cost of transporting the rescued person to a hospital or other 32
facility for treatment of injuries, up to a cumulative maximum of 33
two thousand dollars. If more than one rescuer was involved in the 34
emergency response, the court shall allocate the reimbursement 35
proportionately, according to the cost each rescuer incurred. A 36
financial sanction imposed under this section is a judgment in 37
favor of the rescuer and, subject to a determination of indigency 38
under division (B) of section 2929.28 of the Revised Code, a 39
rescuer may collect the financial sanction in the same manner as 40
provided in section 2929.28 of the Revised Code.41

       (D) As used in this section:42

       (1) "Emergency medical service organization," "firefighting 43
agency," and "private fire company" have the same meanings as in 44
section 9.60 of the Revised Code.45

       (2) "Rescuer" means a state agency, political subdivision, 46
firefighting agency, private fire company, or emergency medical 47
service organization.48

       Section 2. This act shall be known as the "Allan H. Anderson, 49
Jr. Act."50