130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

As Introduced

122nd General Assembly
Regular Session
1997-1998
S. B. No. 132

SENATORS BLESSING-GAETH-NEIN-SCHAFRATH-SHOEMAKER-SUHADOLNIK


A BILL
To amend sections 303.211, 519.211, 1345.01, and 4921.99 and to enact sections 4921.35 to 4921.40 and 4923.25 of the Revised Code to provide a new state certification system for household goods moving companies in Ohio which generally eliminates restrictions as to area of service and eliminates price regulation except as to joint rates; to subject to that certification system existing certificate holders and also previously exempt household goods moving companies serving solely within municipalities or immediately contiguous municipalities; to subject motor transportation companies to the Consumer Sales Practices Law; and to authorize county and township zoning of public utilities engaged in the business of transporting persons or property, with an exception for persons engaged in specified transportation related to farm operations.

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


Section 1. That sections 303.211, 519.211, 1345.01, and 4921.99 be amended and sections 4921.35, 4921.36, 4921.37, 4921.38, 4921.39, 4921.40, and 4923.25 of the Revised Code be enacted to read as follows:

Sec. 303.211. (A) Except as otherwise provided in division (B) OR (C) of this section, sections 303.01 to 303.25 of the Revised Code do not confer any power on any board of county commissioners or board of zoning appeals in respect to the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by any public utility or railroad for the operation of its business.

(B)(1) As used in this division, "telecommunications tower" means any free-standing structure, or any structure to be attached to a building or other structure, that meets all of the following criteria:

(a) The free-standing or attached structure is proposed to be constructed on or after the effective date of this amendment OCTOBER 31, 1996.

(b) The free-standing or attached structure is proposed to be owned or principally used by a public utility engaged in the provision of telecommunications services.

(c) The free-standing or attached structure is proposed to be located in an unincorporated area of a township, in an area zoned for residential use.

(d)(i) The free-standing structure is proposed to top at a height that is greater than either the maximum allowable height of residential structures within the zoned area as set forth in the applicable zoning regulations, or the maximum allowable height of such a free-standing structure as set forth in any applicable zoning regulations in effect immediately prior to the effective date of this amendment OCTOBER 31, 1996, or as those regulations subsequently are amended.

(ii) The attached structure is proposed to top at a height that is greater than either the height of the building or other structure to which it is to be attached, or the maximum allowable height of such an attached structure as set forth in any applicable zoning regulations in effect immediately prior to the effective date of this amendment OCTOBER 31, 1996, or as those regulations subsequently are amended.

(e) The free-standing or attached structure is proposed to have attached to it radio frequency transmission or reception equipment.

(2) Sections 303.01 to 303.25 of the Revised Code confer power on a board of county commissioners or board of zoning appeals with respect to the location, erection, construction, reconstruction, change, alteration, removal, or enlargement of a telecommunications tower, but not with respect to the maintenance or use of such a tower or any change or alteration that would not substantially increase the tower's height. However, the power so conferred shall apply to a particular telecommunications tower only upon the provision of a notice, in accordance with division (B)(4)(a) of this section, to the person proposing to construct the tower.

(3) Any person who plans to construct a telecommunications tower to which county zoning regulations apply under section 303.22 of the Revised Code shall provide both of the following by certified mail:

(a) Written notice to the board of township trustees of the township in which the tower is proposed to be constructed and to each owner of property, as shown on the county auditor's current tax list, whose land is contiguous to or directly across a street or roadway from the property on which the tower is proposed to be constructed, stating all of the following in clear and concise language:

(i) The person's intent to construct the tower;

(ii) A description of the property sufficient to identify the proposed location;

(iii) That, no later than fifteen days after the date of mailing of the notice, such board of township trustees or any such property owner may give written notice to the board of county commissioners requesting that sections 303.01 to 303.25 of the Revised Code apply to the proposed location of the tower as provided under division (B)(4)(a) of this section.

If the notice to the board of township trustees or to a property owner is returned unclaimed or refused, the person shall mail the notice by regular mail. The failure of delivery of the notice does not invalidate the notice.

(b) Written notice to the board of county commissioners of the information specified in divisions (B)(3)(a)(i) and (ii) of this section. The notice to the board also shall include verification that the person has complied with division (B)(3)(a) of this section.

(4)(a) If the board of county commissioners receives notice from the board of township trustees or a property owner under division (B)(3)(a)(iii) of this section within the time specified in that division or if a member of the board of county commissioners makes an objection to the proposed location of the telecommunications tower within fifteen days after the date of mailing of the notice sent under division (B)(3)(b) of this section, the board of county commissioners shall send the person proposing to construct the tower written notice that the tower is subject to the power conferred by and in accordance with division (B)(2) of this section. The notice shall be sent no later than five days after the earlier of the date the board first receives such a notice from the board of township trustees or a property owner or the date upon which a member of the board of county commissioners makes an objection. Upon the date of mailing of the notice to the person, sections 303.01 to 303.25 of the Revised Code shall apply to the tower.

(b) If the board of county commissioners receives no notice under division (B)(3)(a)(iii) of this section within the time prescribed by that division or no board member has an objection as provided under division (B)(4)(a) of this section within the time prescribed by that division, division (A) of this section shall apply to the tower without exception.

(C) SECTIONS 303.01 TO 303.25 OF THE REVISED CODE CONFER POWER ON A BOARD OF COUNTY COMMISSIONERS OR BOARD OF ZONING APPEALS WITH RESPECT TO THE LOCATION, ERECTION, CONSTRUCTION, RECONSTRUCTION, CHANGE, ALTERATION, MAINTENANCE, REMOVAL, USE, OR ENLARGEMENT OF ANY BUILDINGS OR STRUCTURES OF A PUBLIC UTILITY ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS OR PROPERTY, OR BOTH, OR PROVIDING OR FURNISHING SUCH TRANSPORTATION SERVICE, OVER ANY PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, AND WITH RESPECT TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY FOR THE OPERATION OF ITS BUSINESS, TO THE EXTENT THAT ANY EXERCISE OF SUCH POWER IS REASONABLE AND NOT INCONSISTENT WITH CHAPTERS 4901., 4903., 4905., 4909., 4921., AND 4923. OF THE REVISED CODE. HOWEVER, THIS DIVISION CONFERS NO POWER ON A BOARD OF COUNTY COMMISSIONERS OR BOARD OF ZONING APPEALS WITH RESPECT TO A BUILDING OR STRUCTURE OF, OR THE USE OF LAND BY, A PERSON ENGAGED IN THE TRANSPORTATION OF FARM SUPPLIES TO THE FARM OR FARM PRODUCTS FROM FARM TO MARKET OR TO FOOD FABRICATING PLANTS.

(D) Sections 303.01 to 303.25 of the Revised Code confer no power on any county rural zoning commission, board of county commissioners, or board of zoning appeals to prohibit the sale or use of alcoholic beverages in areas where the establishment and operation of any retail business, hotel, lunchroom, or restaurant is permitted.

(D)(E) Sections 303.01 to 303.25 of the Revised Code do not confer any power on any county rural zoning commission, board of county commissioners, or board of zoning appeals to prohibit the use of any land owned or leased by an industrial firm for the conduct of oil or natural gas well drilling or production activities or the location of associated facilities or equipment when such oil or natural gas obtained by the industrial firm is used for the operation of its own plants.

Sec. 519.211. (A) Except as otherwise provided in division (B) OR (C) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any board of township trustees or board of zoning appeals in respect to the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by any public utility or railroad, for the operation of its business.

(B)(1) As used in this division, "telecommunications tower" means any free-standing structure, or any structure to be attached to a building or other structure, that meets all of the following criteria:

(a) The free-standing or attached structure is proposed to be constructed on or after the effective date of this amendment OCTOBER 31, 1996.

(b) The free-standing or attached structure is proposed to be owned or principally used by a public utility engaged in the provision of telecommunications services.

(c) The free-standing or attached structure is proposed to be located in an unincorporated area of a township, in an area zoned for residential use.

(d)(i) The free-standing structure is proposed to top at a height that is greater than either the maximum allowable height of residential structures within the zoned area as set forth in the applicable zoning regulations, or the maximum allowable height of such a free-standing structure as set forth in any applicable zoning regulations in effect immediately prior to the effective date of this amendment OCTOBER 31, 1996, or as those regulations subsequently are amended.

(ii) The attached structure is proposed to top at a height that is greater than either the height of the building or other structure to which it is to be attached, or the maximum allowable height of such an attached structure as set forth in any applicable zoning regulations in effect immediately prior to the effective date of this amendment OCTOBER 31, 1996, or as those regulations subsequently are amended.

(e) The free-standing or attached structure is proposed to have attached to it radio frequency transmission or reception equipment.

(2) Sections 519.02 to 519.25 of the Revised Code confer power on a board of township trustees or board of zoning appeals with respect to the location, erection, construction, reconstruction, change, alteration, removal, or enlargement of a telecommunications tower, but not with respect to the maintenance or use of such a tower or any change or alteration that would not substantially increase the tower's height. However, the power so conferred shall apply to a particular telecommunications tower only upon the provision of a notice, in accordance with division (B)(4)(a) of this section, to the person proposing to construct the tower.

(3) Any person who plans to construct a telecommunications tower to which township zoning regulations apply under section 303.22 of the Revised Code shall provide both of the following by certified mail:

(a) Written notice to each owner of property, as shown on the county auditor's current tax list, whose land is contiguous to or directly across a street or roadway from the property on which the tower is proposed to be constructed, stating all of the following in clear and concise language:

(i) The person's intent to construct the tower;

(ii) A description of the property sufficient to identify the proposed location;

(iii) That, no later than fifteen days after the date of mailing of the notice, any such property owner may give written notice to the board of township trustees requesting that sections 519.02 to 519.25 of the Revised Code apply to the proposed location of the tower as provided under division (B)(4)(a) of this section.

If the notice to a property owner is returned unclaimed or refused, the person shall mail the notice by regular mail. The failure of delivery of the notice does not invalidate the notice.

(b) Written notice to the board of township trustees of the information specified in divisions (B)(3)(a)(i) and (ii) of this section. The notice to the board also shall include verification that the person has complied with division (B)(3)(a) of this section.

(4)(a) If the board of township trustees receives notice from a property owner under division (B)(3)(a)(iii) of this section within the time specified in that division or if a board member makes an objection to the proposed location of the telecommunications tower within fifteen days after the date of mailing of the notice sent under division (B)(3)(b) of this section, the board shall request that the clerk of the township send the person proposing to construct the tower written notice that the tower is subject to the power conferred by and in accordance with division (B)(2) of this section. The notice shall be sent no later than five days after the earlier of the date the board first receives such a notice from a property owner or the date upon which a board member makes an objection. Upon the date of mailing of the notice to the person, sections 519.02 to 519.25 of the Revised Code shall apply to the tower.

(b) If the board of township trustees receives no notice under division (B)(3)(a)(iii) of this section within the time prescribed by that division or no board member has an objection as provided under division (B)(4)(a) of this section within the time prescribed by that division, division (A) of this section shall apply to the tower without exception.

(C) SECTIONS 519.02 TO 519.25 OF THE REVISED CODE CONFER POWER ON A BOARD OF TOWNSHIP TRUSTEES OR BOARD OF ZONING APPEALS WITH RESPECT TO THE LOCATION, ERECTION, CONSTRUCTION, RECONSTRUCTION, CHANGE, ALTERATION, MAINTENANCE, REMOVAL, USE, OR ENLARGEMENT OF ANY BUILDINGS OR STRUCTURES OF A PUBLIC UTILITY ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS OR PROPERTY, OR BOTH, OR PROVIDING OR FURNISHING SUCH TRANSPORTATION SERVICE, OVER ANY PUBLIC STREET, ROAD, OR HIGHWAY IN THIS STATE, AND WITH RESPECT TO THE USE OF LAND BY ANY SUCH PUBLIC UTILITY FOR THE OPERATION OF ITS BUSINESS, TO THE EXTENT THAT ANY EXERCISE OF SUCH POWER IS REASONABLE AND NOT INCONSISTENT WITH CHAPTERS 4901., 4903., 4905., 4909., 4921., AND 4923. OF THE REVISED CODE. HOWEVER, THIS DIVISION CONFERS NO POWER ON A BOARD OF COUNTY COMMISSIONERS OR BOARD OF ZONING APPEALS WITH RESPECT TO A BUILDING OR STRUCTURE OF, OR THE USE OF LAND BY, A PERSON ENGAGED IN THE TRANSPORTATION OF FARM SUPPLIES TO THE FARM OR FARM PRODUCTS FROM FARM TO MARKET OR TO FOOD FABRICATING PLANTS.

(D) Sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the sale or use of alcoholic beverages in areas where the establishment and operation of any retail business, hotel, lunchroom, or restaurant is permitted.

(D)(E) Sections 519.02 to 519.25 of the Revised Code do not confer any power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of any land owned or leased by an industrial firm for the conduct of oil or natural gas well drilling or production activities or the location of associated facilities or equipment when such oil or natural gas obtained by the industrial firm is used for the operation of its own plants.

Sec. 1345.01. As used in sections 1345.01 to 1345.13 of the Revised Code:

(A) "Consumer transaction" means a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible, to an individual for purposes that are primarily personal, family, or household, or solicitation to supply any of these things. "Consumer transaction" does not include transactions between persons, defined in sections DIVISIONS (A)(1), (2), AND (4) TO (14) OF SECTION 4905.03 and IN SECTION 5725.01 of the Revised Code, and their customers; transactions between certified public accountants or public accountants and their clients; transactions between attorneys, physicians, or dentists and their clients or patients; and transactions between veterinarians and their patients that pertain to medical treatment but not ancillary services.

(B) "Person" includes an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative, or other legal entity.

(C) "Supplier" means a seller, lessor, assignor, franchisor, or other person engaged in the business of effecting or soliciting consumer transactions, whether or not he THE PERSON deals directly with the consumer.

(D) "Consumer" means a person who engages in a consumer transaction with a supplier.

(E) "Knowledge" means actual awareness, but such actual awareness may be inferred where objective manifestations indicate that the individual involved acted with such awareness.

Sec. 4921.35. AS USED IN SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE:

(A) "HOUSEHOLD GOODS" MEANS PERSONAL EFFECTS AND PROPERTY USED OR TO BE USED IN A DWELLING, EXCLUDING PROPERTY MOVING FROM FACTORY OR STORE EXCEPT SUCH PROPERTY AS THE HOUSEHOLDER HAS PURCHASED WITH INTENT TO USE IN THE HOUSEHOLDER'S DWELLING AND HAS REQUESTED BE TRANSPORTED AND FOR WHICH THE HOUSEHOLDER HAS PAID TRANSPORTATION CHARGES TO THE CARRIER.

(B) "MOTOR TRANSPORTATION COMPANY" AND "PRIVATE MOTOR CARRIER" HAVE THE SAME MEANINGS AS IN SECTIONS 4921.02 AND 4923.02 OF THE REVISED CODE, RESPECTIVELY, EXCEPT THAT THEY RESPECTIVELY INCLUDE ANY PERSON OTHERWISE EXEMPTED UNDER DIVISION (A)(2) OF SECTION 4921.02 AND DIVISION (A)(2) OF SECTION 4923.02 OF THE REVISED CODE.

(C) "PERSON" HAS THE SAME MEANING AS IN SECTION 1.59 OF THE REVISED CODE.

Sec. 4921.36. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE, A MOTOR TRANSPORTATION COMPANY ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE:

(A) IS SUBJECT TO SECTIONS 4921.01 TO 4921.32 OF THE REVISED CODE AND TO ALL OTHER PROVISIONS OF THE REVISED CODE APPLICABLE TO A MOTOR TRANSPORTATION COMPANY THAT IS SUBJECT TO SECTIONS 4921.01 TO 4921.32 OF THE REVISED CODE, INCLUDING SECTIONS 1345.01 TO 1345.13, 4506.22, 4511.78, 5502.01, 5503.02, AND 5503.34 OF THE REVISED CODE;

(B) IS NOT A PUBLIC UTILITY AS DEFINED IN SECTION 4905.02 OF THE REVISED CODE EXCEPT FOR PURPOSES OF CHAPTERS 4901. AND 4903. OF THE REVISED CODE;

(C) IS NOT A PUBLIC UTILITY AS DEFINED IN SECTION 4911.02 OF THE REVISED CODE.

Sec. 4921.37. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR CHAPTERS 4901. TO 4909. AND 4923. OF THE REVISED CODE TO THE CONTRARY:

(A) NO LATER THAN THREE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE PUBLIC UTILITIES COMMISSION, IN ACCORDANCE WITH SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE, SHALL ESTABLISH BY ORDER A CERTIFICATION SYSTEM FOR MOTOR TRANSPORTATION COMPANIES AND PRIVATE MOTOR CARRIERS ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE. ON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL CEASE APPROVING UNDER SECTIONS 4921.01 TO 4921.32 OR SECTIONS 4923.01 TO 4923.20 OF THE REVISED CODE APPLICATIONS FOR A CERTIFICATE AS A MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER ENGAGED IN SUCH BUSINESS.

(B) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS SECTION, BEGINNING ON THE EFFECTIVE DATE OF THE ORDER OF THE COMMISSION AS INITIALLY ISSUED UNDER DIVISION (A) OF THIS SECTION, NO MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER SHALL ENGAGE, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE WITHOUT FIRST HOLDING A VALID CERTIFICATE ISSUED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE.

(C) A MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE PURSUANT TO A CERTIFICATE ISSUED BEFORE THE EFFECTIVE DATE OF THIS SECTION BY THE COMMISSION UNDER SECTIONS 4921.01 TO 4921.32 OR SECTIONS 4923.01 TO 4923.20 OF THE REVISED CODE, RESPECTIVELY, MAY CONTINUE TO ENGAGE IN SUCH BUSINESS UNDER THE TERMS AND CONDITIONS OF THE CERTIFICATE AS THEY APPLY TO THE CERTIFICATE HOLDER, PROVIDED THE COMPANY OR CARRIER FILES AN APPLICATION WITH THE COMMISSION, NOT LATER THAN ONE MONTH AFTER THE EFFECTIVE DATE OF THE ORDER INITIALLY ISSUED BY THE COMMISSION UNDER DIVISION (A) OF THIS SECTION, FOR A CERTIFICATE UNDER SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE. HOWEVER, THE COMPANY OR CARRIER MAY SO CONTINUE TO ENGAGE IN SUCH BUSINESS ONLY UNTIL THE LATER OF THE DATE OF THE EXPIRATION OF THAT MONTH OR THE EFFECTIVE DATE OF THE COMMISSION'S APPROVAL OR DISAPPROVAL OF THE COMPANY'S OR CARRIER'S APPLICATION FILED WITHIN THAT MONTH. UPON THE APPLICABLE LATER DATE, THE COMPANY'S OR CARRIER'S EXISTING CERTIFICATE EXPIRES BY OPERATION OF LAW. NOTHING IN THIS DIVISION OR IN THE TERMS OR CONDITIONS OF SUCH AN EXISTING CERTIFICATE AFFECTS THE RIGHT OF ANOTHER PERSON TO APPLY FOR, OR THE AUTHORITY OF THE COMMISSION TO GRANT TO SUCH PERSON, AS OF THE EFFECTIVE DATE OF THE INITIAL ORDER, A CERTIFICATE UNDER SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE.

(D) NO MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER SHALL FAIL TO COMPLY WITH DIVISION (B) OR (C) OF THIS SECTION OR THE ORDER OF THE COMMISSION ISSUED UNDER DIVISION (A) OF THIS SECTION.

Sec. 4921.38. (A) THE PUBLIC UTILITIES COMMISSION SHALL APPROVE AN APPLICATION FOR A CERTIFICATE UNDER SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE, AND SHALL ISSUE AN INITIAL CERTIFICATE, PROVIDED THE APPLICANT MOTOR TRANSPORTATION COMPANY OR PRIVATE MOTOR CARRIER PROPOSING TO ENGAGE, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE SUBMITS TO THE COMMISSION A COMPLETED APPLICATION, ON A FORM PRESCRIBED BY THE COMMISSION, THAT INCLUDES ONE COPY OF EACH OF THE FOLLOWING DOCUMENTS:

(1) THE APPLICANT'S CURRENT PROOF OF WORKERS' COMPENSATION COVERAGE PURSUANT TO CHAPTER 4123. OF THE REVISED CODE;

(2) THE APPLICANT'S CURRENT PROOF OF UNEMPLOYMENT COMPENSATION COVERAGE PURSUANT TO CHAPTER 4141. OF THE REVISED CODE;

(3) PROOF OF THE APPLICANT'S FINANCIAL RESPONSIBILITY RELATING TO LIABILITY INSURANCE AND BOND REQUIREMENTS UNDER SECTION 4921.11 OR 4923.08 OF THE REVISED CODE, AS APPLICABLE.

ONLY IF THE APPLICANT FAILS TO SUBMIT A COMPLETED APPLICATION WITH THE REQUISITE DOCUMENTS, THE COMMISSION SHALL DISAPPROVE THE APPLICATION AND DENY THE CERTIFICATE.

A CERTIFICATE ISSUED UNDER THIS DIVISION IS VALID FOR ONE YEAR AND IS RENEWABLE ANNUALLY. THE COMMISSION SHALL ISSUE A RENEWAL CERTIFICATE ON THE CONDITION THAT THE APPLICANT PROVIDES PROOF, SATISFACTORY TO THE COMMISSION, THAT THE REQUIREMENTS FOR THE INITIAL CERTIFICATE, AS PRESCRIBED IN THIS DIVISION, ARE CURRENT, AND THE COMMISSION SHALL DENY A RENEWAL CERTIFICATE ONLY IF SUCH CONDITION IS NOT MET.

(B) THE COMMISSION MAY CHARGE SUCH FEE FOR AN INITIAL CERTIFICATE AS IT DETERMINES REASONABLE, BUT NOT EXCEEDING THE COMMISSION'S COST OF ADMINISTERING SUCH CERTIFICATION. THE COMMISSION MAY CHARGE A REASONABLE FEE TO RENEW A CERTIFICATE, WHICH FEE SHALL BE LESS THAN THE FEE FOR AN INITIAL CERTIFICATE. THE COMMISSION MAY PRORATE THE FEE FOR AN INITIAL CERTIFICATE SO THAT ALL RENEWALS ARE DUE ON THE SAME DATE. ALL FEES COLLECTED BY THE COMMISSION UNDER THIS DIVISION SHALL BE CREDITED TO THE HOUSEHOLD GOODS MOVERS FUND IN THE STATE TREASURY, WHICH IS HEREBY CREATED, TO BE USED EXCLUSIVELY BY THE COMMISSION FOR THE PURPOSE OF ADMINISTERING SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE.

(C) THE COMMISSION MAY REVOKE AN INITIAL OR RENEWAL CERTIFICATE ISSUED UNDER DIVISION (A) OF THIS SECTION UPON AT LEAST FIFTEEN DAYS' ADVANCE NOTICE TO THE HOLDER AFTER PROVIDING THE HOLDER WITH NOTICE AND AN OPPORTUNITY FOR A HEARING AND ONLY UPON A FINDING BY THE COMMISSION THAT THE HOLDER HAS FAILED TO MAINTAIN THE PROOF REQUIRED BY DIVISION (A)(1), (2), OR (3) OF THIS SECTION.

Sec. 4921.39. EACH HOLDER OF AN INITIAL OR RENEWAL CERTIFICATE ISSUED UNDER SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE SHALL DO ALL OF THE FOLLOWING:

(A) MAKE ITS CURRENT CERTIFICATE AVAILABLE FOR PUBLIC INSPECTION DURING NORMAL BUSINESS HOURS;

(B) PRESENT EACH OF ITS CUSTOMERS WITH INFORMATION, WRITTEN IN PLAIN AND CLEAR LANGUAGE, OUTLINING A CONSUMER'S RIGHTS UNDER SECTIONS 1345.01 TO 1345.13 OF THE REVISED CODE;

(C) MAINTAIN TARIFFS FOR ALL SERVICES PROVIDED UNDER ITS CERTIFICATE. NO SUCH TARIFF IS SUBJECT TO APPROVAL OR DISAPPROVAL, OR IS OTHERWISE REGULATED, BY THE PUBLIC UTILITIES COMMISSION EXCEPT AS OTHERWISE PROVIDED IN SECTION 4921.40 OF THE REVISED CODE, AND NO SUCH TARIFF SHALL BE ADJUSTED MORE THAN ONCE IN A THIRTY-DAY PERIOD. A TARIFF SHALL STATE IN CLEAR AND PLAIN LANGUAGE ALL CHARGES AND ALL METHODS OF COMPUTING THOSE CHARGES. EACH CERTIFICATE HOLDER SHALL MAKE A COPY OF ITS TARIFFS AVAILABLE FOR PUBLIC INSPECTION DURING NORMAL BUSINESS HOURS.

Sec. 4921.40. (A) A MOTOR TRANSPORTATION COMPANY THAT IS A HOLDER OF AN INITIAL OR RENEWAL CERTIFICATE ISSUED UNDER SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE MAY ENTER WITH ONE OR MORE OTHER SUCH CERTIFICATE HOLDERS INTO AN AGREEMENT FOR THE ESTABLISHMENT OF COLLECTIVE ACTIVITIES DESCRIBED IN 49 U.S.C.A. 13703(a)(1)(A) TO (H). THE PUBLIC UTILITIES COMMISSION SHALL APPROVE OR DISAPPROVE ANY SUCH AGREEMENT, PRESCRIBE AND ENFORCE CONDITIONS OF APPROVAL, CONDUCT INVESTIGATIONS, REVIEW, RENEW, AND OTHERWISE REGULATE WITH RESPECT TO THE AGREEMENT, SUBJECT TO THE SAME PUBLIC INTEREST STANDARD AND THE SAME AUTHORITY AS APPLY TO THE FEDERAL SURFACE TRANSPORTATION BOARD AND AN AGREEMENT UNDER 49 U.S.C.A. 13703(a) TO (d), WITH THE FOLLOWING EXCEPTIONS:

(1) ON THE FORTY-FIFTH DAY AFTER THE DATE OF FILING WITH THE COMMISSION, AN AGREEMENT UNDER THIS DIVISION IS DEEMED APPROVED BY OPERATION OF LAW UNLESS DISAPPROVED BY THE COMMISSION BEFORE THAT TIME.

(2) CONDITIONS IMPOSED BY THE COMMISSION, IN THE MANNER OF REASONABLE CONDITIONS UNDER 49 U.S.C.A. 13703(a)(3), SHALL ASSURE THAT THE AGREEMENT FURTHERS A STATE TRANSPORTATION POLICY THAT IS PRESCRIBED BY THE COMMISSION IN ITS ORDER ISSUED UNDER DIVISION (A) OF SECTION 4921.37 OF THE REVISED CODE AND IS CONSISTENT WITH THE POLICY CONTAINED IN 49 U.S.C.A. 13101.

(3) AN AGREEMENT AMONG CERTIFICATE HOLDERS THAT HAS BEEN ENTERED INTO AND APPROVED BY THE COMMISSION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION IS DEEMED APPROVED UNDER DIVISION (A) OF THIS SECTION BY OPERATION OF LAW ON THE EFFECTIVE DATE OF THIS SECTION.

FOR THE PURPOSE OF DIVISION (A) OF THIS SECTION, THE COMMISSION SHALL ESTABLISH IN ITS ORDER ISSUED UNDER DIVISION (A) OF SECTION 4921.37 OF THE REVISED CODE THE SAME PROCEDURES AS ARE PRESCRIBED UNDER 49 U.S.C.A. 13703(a) TO (d).

(B) AN AGREEMENT OR RENEWAL OF AN AGREEMENT APPROVED PURSUANT TO DIVISION (A) OF THIS SECTION MAY BE MADE AND CARRIED OUT UNDER ITS TERMS AND UNDER THE CONDITIONS REQUIRED BY THE COMMISSION, AND CHAPTER 1313. OF THE REVISED CODE DOES NOT APPLY, TO PARTIES AND OTHER PERSONS WITH RESPECT TO MAKING OR CARRYING OUT THE AGREEMENT, TO THE SAME EXTENT FEDERAL ANTITRUST LAWS DO NOT APPLY UNDER 49 U.S.C.A. 13703(a)(6) AND (c) TO AN AGREEMENT UNDER 49 U.S.C.A. 13703(a) TO (d).


Sec. 4921.99. (A)(1) Except for those violations for which a forfeiture is provided in section 4905.83 of the Revised Code, whoever violates a provision of this chapter is liable to the state for a forfeiture of not more than ten thousand dollars for each day of each violation. The public utilities commission, after providing reasonable notice and the opportunity for a hearing in accordance with the procedural rules adopted under section 4901.13 of the Revised Code, shall assess, by order, a forfeiture upon a person who the commission determines, by a preponderance of the evidence, committed the violation. In determining the amount of the forfeiture for a violation discovered during a roadside inspection, the commission shall be consistent with the recommended fine or penalty schedule and recommended civil penalty procedure adopted by the commercial vehicle safety alliance, but shall not exceed one thousand dollars. In determining the amount of the forfeiture for a violation discovered during a compliance review of fixed facilities, the commission shall be consistent with the civil penalty guidelines adopted by the United States department of transportation's federal highway administration, but shall not exceed ten thousand dollars. THE FORFEITURE FOR A VIOLATION OF DIVISION (D) OF SECTION 4921.37 of the Revised Code SHALL NOT EXCEED ONE THOUSAND DOLLARS.

The attorney general, upon the written request of the commission, shall bring a civil action in the court of common pleas of Franklin county to collect a forfeiture assessed under this section. The commission shall account for the forfeitures collected under this section and pay them to the treasurer of state pursuant to section 4923.12 of the Revised Code.

(2) The attorney general, upon the written request of the commission, shall bring an action for injunctive relief in the court of common pleas of Franklin county against any person who has violated or is violating any order issued by the commission to secure compliance with a provision of this chapter. The court of common pleas of Franklin county has jurisdiction to and may grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated or is violating any order issued by the commission to secure compliance with this chapter. The court shall give precedence to such an action over all other cases.

(B) The amount of any forfeiture may be compromised at any time prior to collection of the forfeiture. The commission shall adopt rules governing the manner in which the amount of a forfeiture may be established by agreement prior to the hearing on the forfeiture before the commission.

(C) The proceedings of the commission specified in division (A) of this section are subject to and governed by Chapter 4903. of the Revised Code, except as otherwise specifically provided in this section. The court of appeals of Franklin county has exclusive, original jurisdiction to review, modify, or vacate an order of the commission issued to secure compliance with a provision of this chapter and an order issued under division (A)(1) of this section assessing a forfeiture. The court of appeals shall hear and determine those appeals in the same manner, and under the same standards, as the supreme court hears and determines appeals under Chapter 4903. of the Revised Code.

The judgment of the court of appeals is final and conclusive unless reversed, vacated, or modified on appeal. Such appeals may be taken either by the commission or the person to whom the compliance order or forfeiture assessment was issued and shall proceed as in the case of appeals in civil actions as provided in the Rules of Appellate Procedure and Chapter 2505. of the Revised Code.

(D) Section 4903.11 of the Revised Code does not apply to an appeal of an order issued to secure compliance with this chapter or an order issued under division (A)(1) of this section assessing a forfeiture. Any person to whom any such order is issued who wishes to contest the compliance order, the fact of the violation, or the amount of the forfeiture shall file a notice of appeal, setting forth the order appealed from and the errors complained of, within sixty days after the entry of the order upon the journal of the commission. The notice of appeal shall be served, unless waived, upon the chairman CHAIRPERSON of the commission or, in the event of his THE CHAIRPERSON'S absence, upon any public utilities commissioner, or by leaving a copy at the office of the commission at Columbus. An order issued by the commission to secure compliance with a provision of this chapter or an order issued under division (A)(1) of this section assessing a forfeiture shall be reversed, vacated, or modified on appeal if, upon consideration of the record, the court is of the opinion that the order was unlawful or unreasonable.

Sec. 4923.25. (A) AS USED IN THIS SECTION, "HOUSEHOLD GOODS" AND "PRIVATE MOTOR CARRIER" HAVE THE SAME MEANINGS AS IN SECTION 4921.35 OF THE REVISED CODE.

(B) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 4921.35 TO 4921.40 OF THE REVISED CODE, A PRIVATE MOTOR CARRIER ENGAGED, FOR HIRE, IN THE BUSINESS OF TRANSPORTING HOUSEHOLD GOODS OVER A PUBLIC HIGHWAY IN THIS STATE IS SUBJECT TO SECTIONS 4923.01 TO 4923.20 OF THE REVISED CODE AND TO ALL OTHER PROVISIONS OF THE REVISED CODE APPLICABLE TO A PRIVATE MOTOR CARRIER THAT IS SUBJECT TO SECTIONS 4923.01 TO 4923.20 OF THE REVISED CODE, INCLUDING SECTIONS 1345.01 TO 1345.13, 4506.22, 4511.78, 5502.01, 5503.02, AND 5503.34 OF THE REVISED CODE.


Section 2. That existing sections 303.211, 519.211, 1345.01, and 4921.99 of the Revised Code are hereby repealed.


Section 3. No later than thirty days after the effective date of Section 1 of this act, the Public Utilities Commission shall publish notice in a newspaper of general circulation in each county in this state for two consecutive weeks, summarizing the substance of the general provisions of Section 1 of this act, for the purpose of informing consumers and household goods movers of those provisions.
Please send questions and comments to the Webmaster.
© 2024 Legislative Information Systems | Disclaimer