To amend sections 1345.99 and 4933.99 and to enact sections 4933.41 to 4933.45 of the Revised Code to prohibit any person from switching a consumer's provider of natural gas or public telecommunications service without first obtaining the consumer's verified consent in accordance with rules of the Public Utilities Commission and to provide various remedies and penalties, including application of those under the Consumer Sales Practices Act.

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

Sec. 1345.99. (A) Whoever violates section 1345.23 or 1345.24 of the Revised Code is guilty of a minor misdemeanor.

(B) WHOEVER VIOLATES DIVISION (A)(1) OR (2) OF SECTION 4933.42 of the Revised Code IS GUILTY OF A FELONY OF THE FIFTH DEGREE FOR THE FIRST OFFENSE AND A FELONY OF THE FOURTH DEGREE FOR EACH SUBSEQUENT OFFENSE.

Sec. 4933.41. AS USED IN SECTIONS 4933.41 TO 4933.45 OF THE REVISED CODE:

(A) "CONSUMER" MEANS A PERSON THAT ENGAGES IN A CONSUMER TRANSACTION FOR NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE WITHIN THIS STATE AND INCLUDES A RESIDENTIAL OR BUSINESS CONSUMER.

(B) "CONSUMER TRANSACTION" MEANS THE SALE, LEASE, ASSIGNMENT, AWARD BY CHANCE, OR OTHER TRANSFER OF NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE TO A CONSUMER.

(C) "PERSON" INCLUDES AN INDIVIDUAL, CORPORATION, GOVERNMENT, GOVERNMENTAL SUBDIVISION OR AGENCY, BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP, ASSOCIATION, COOPERATIVE, OR OTHER LEGAL ENTITY.

(D) "PUBLIC TELECOMMUNICATIONS SERVICE" HAS THE SAME MEANING AS IN SECTION 4927.01 OF THE REVISED CODE.

(E) "PURPOSELY" HAS THE SAME MEANING AS IN SECTION 2901.22 OF THE REVISED CODE.

Sec. 4933.42. (A)(1) NO PERSON, IN CONNECTION WITH A CONSUMER TRANSACTION, SHALL PURPOSELY REQUEST OR SUBMIT, OR CAUSE TO BE REQUESTED OR SUBMITTED, A CHANGE IN A CONSUMER'S PROVIDER OF NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE WITHIN THIS STATE, WITHOUT FIRST OBTAINING, OR CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE CONSUMER IN ACCORDANCE WITH RULES ADOPTED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO SECTION 4933.43 OF THE REVISED CODE.

(2) NO PERSON SHALL PURPOSELY VIOLATE OR FAIL TO COMPLY WITH ANY PROVISION OF A RULE ADOPTED BY THE COMMISSION PURSUANT TO SECTION 4933.43 OF THE REVISED CODE.

(3) NO PERSON SHALL PURPOSELY VIOLATE OR FAIL TO COMPLY WITH ANY PROVISION OF AN ORDER MADE WITH RESPECT TO THE PERSON AND ISSUED UNDER DIVISION (B) OR (C) OF SECTION 4933.44 OF THE REVISED CODE.

(B) FOR THE PURPOSES OF DIVISION (A) OF THIS SECTION, THE ACT, OMISSION, OR FAILURE OF ANY OFFICER, AGENT, OR OTHER INDIVIDUAL, ACTING FOR OR EMPLOYED BY ANOTHER PERSON, WHILE ACTING WITHIN THE SCOPE OF THAT AUTHORITY OR EMPLOYMENT, IS THE ACT OR FAILURE OF THAT OTHER PERSON.

Sec. 4933.43. THE PUBLIC UTILITIES COMMISSION SHALL ADOPT COMPETITVELY NEUTRAL RULES PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING THE CONSENT OF A CONSUMER FOR THE PURPOSES OF SECTION 4933.42 OF THE REVISED CODE AND ANY PROCEDURES NECESSARY FOR THE FILING OF A SECURITY UNDER DIVISION (C)(5) OF SECTION 4933.44 OF THE REVISED CODE, AND MAY ADOPT SUCH OTHER COMPETITIVELY NEUTRAL RULES AS THE COMMISSION CONSIDERS NECESSARY TO CARRY OUT SECTIONS 4933.41 TO 4933.44 OF THE REVISED CODE. WITH RESPECT TO PUBLIC TELECOMMUNICATIONS SERVICE ONLY, THE RULES PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING CONSUMER CONSENT SHALL BE CONSISTENT WITH THE RULES OF THE FEDERAL COMMUNICATIONS COMMISSION IN 47 C.F.R. 64.1100 AND 64.1150.

Sec. 4933.44. (A) THE PUBLIC UTILITIES COMMISSION, UPON COMPLAINT BY ANY PERSON OR COMPLAINT OR INITIATIVE OF THE COMMISSION, HAS JURISDICTION UNDER SECTION 4905.26 OF THE REVISED CODE REGARDING ANY VIOLATION OF DIVISION (A)(1), (2), OR (3) OF SECTION 4933.42 OF THE REVISED CODE BY A PERSON THAT IS A PUBLIC UTILITY UNDER SECTION 4905.02 OF THE REVISED CODE.

(B) UPON ANY COMPLAINT OR INITIATIVE UNDER DIVISION (A) OF THIS SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PERSON THAT IS A PUBLIC UTILITY AS DEFINED IN SECTION 4905.02 OF THE REVISED CODE HAS VIOLATED DIVISION (A)(1), (2), OR (3) OF SECTION 4933.42 OF THE REVISED CODE, THE COMMISSION, BY ORDER, SHALL DO ALL OF THE FOLLOWING:

(1) RESCIND THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE PROVIDER OR SUBSCRIPTION TO NEW SERVICE, AS APPLICABLE;

(2) REQUIRE SUCH PERSON TO ABSOLVE THE AGGRIEVED CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM THE CONSUMER, BY SUCH PERSON DURING SUCH PERIOD, AFTER THE VIOLATION OR FAILURE TO COMPLY OCCURRED, THAT IS DETERMINED REASONABLE BY THE COMMISSION;

(3) REQUIRE SUCH PERSON TO REFUND OR PAY TO THE AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE OR SERVICE PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE CONSUMER WAS SWITCHED;

(4) REQUIRE THE SERVICE PROVIDER OR PROVIDERS FROM WHICH A CONSUMER WAS SWITCHED TO MAKE THE CONSUMER WHOLE REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF THE VIOLATION OR FAILURE TO COMPLY AND PROVIDING BONUSES OR BENEFITS THE CONSUMER WOULD HAVE EARNED IF NOT FOR THE VIOLATION OR FAILURE TO COMPLY, OR BY PROVIDING SOMETHING OF EQUAL VALUE.

(C) IN ADDITION TO THE REMEDIES UNDER DIVISION (B) OF THIS SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PERSON THAT IS A PUBLIC UTILITY AS DEFINED IN SECTION 4905.02 OF THE REVISED CODE HAS VIOLATED DIVISION (A)(1), (2), OR (3) OF SECTION 4933.42 OF THE REVISED CODE OR HAS VIOLATED OR FAILED TO COMPLY WITH AN ORDER UNDER THIS DIVISION OR DIVISION (B) OF THIS SECTION, THE COMMISSION, BY ORDER, MAY IMPOSE ANY OF THE FOLLOWING REMEDIES OR FORFEITURES:

(1) REQUIRE SUCH PERSON TO COMPLY OR UNDERTAKE ANY NECESSARY CORRECTIVE ACTION;

(2) REQUIRE SUCH PERSON TO COMPENSATE THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED;

(3) REQUIRE SUCH PERSON TO COMPENSATE THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN DIVISION (B)(4) OF THIS SECTION OR OF EFFECTING THE RESUMPTION OF THE CONSUMER'S SERVICE;

(4) ASSESS UPON SUCH PERSON FORFEITURES OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION OR FAILURE TO COMPLY. HOWEVER, IF THE COMMISSION FINDS THAT THE PERSON HAS ENGAGED OR IS ENGAGING IN A PATTERN OR PRACTICE OF COMMITTING ANY SUCH VIOLATIONS OR FAILURES TO COMPLY, THE COMMISSION MAY ASSESS UPON THAT PERSON FORFEITURES OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION OR FAILURE. ANY FORFEITURE COLLECTED PURSUANT TO THIS DIVISION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND.

(5) REQUIRE SUCH PERSON TO FILE WITH THE COMMISSION A SECURITY PAYABLE TO THE STATE IN SUCH AMOUNT AND UPON SUCH TERMS AS THE COMMISSION DETERMINES NECESSARY TO ENSURE COMPLIANCE AND PAYMENT OF ANY FORFEITURES ASSESSED PURSUANT TO DIVISION (C)(4) OF THIS SECTION;

(6) RESCIND SUCH PERSON'S AUTHORITY TO PROVIDE NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE WITHIN THIS STATE.

(D) PROCEEDINGS OF THE COMMISSION PURSUANT TO DIVISION (B) OR (C) OF THIS SECTION ARE GOVERNED BY CHAPTER 4903. OF THE REVISED CODE.

(E) THE COMMISSION MAY DIRECT THE ATTORNEY GENERAL TO COMMENCE AN ACTION UNDER SECTION 4905.57 OR 4905.60 OF THE REVISED CODE TO ENFORCE AN ORDER OF THE COMMISSION ISSUED UNDER DIVISION (B) OR (C) OF THIS SECTION, INCLUDING ORDERS ASSESSING FORFEITURES. NOTWITHSTANDING SECTION 4905.57 OF THE REVISED CODE, AN ACTION AUTHORIZED UNDER THIS DIVISION MAY BE BROUGHT IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY OR THE COURT OF COMMON PLEAS OF ANY COUNTY IN WHICH VENUE IS PROPER UNDER THE RULES OF CIVIL PROCEDURE. SUCH ACTION IN A COURT OF COMMON PLEAS HAS PRECEDENCE OVER ALL OTHER CIVIL ACTIONS IN THE COURT.

(F) THE REMEDY AVAILABLE UNDER SECTION 4905.61 OF THE REVISED CODE MAY BE APPLIED TO ANY VIOLATION OF DIVISION (A)(1), (2), OR (3) OF SECTION 4933.42 OF THE REVISED CODE OR ANY VIOLATION OF ANY PROVISION OF AN ORDER ISSUED UNDER DIVISION (B) OR (C) OF THIS SECTION.

(G) THE POWERS, REMEDIES, FORFEITURES, AND PENALTIES PROVIDED BY SECTIONS 4933.41 TO 4933.44 AND DIVISION (E) OF SECTION 4933.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW.

Sec. 4933.45. (A) A VIOLATION OF DIVISION (A)(1), (2), OR (3) OF SECTION 4933.42 OF THE REVISED CODE IS AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN VIOLATION OF SECTION 1345.02 OF THE REVISED CODE. IN THE APPLICATION TO A CONSUMER AND A CONSUMER TRANSACTION UNDER SECTIONS 1345.01 TO 1345.13 OF THE REVISED CODE, THIS DIVISION SHALL BE ENFORCED IN ACCORDANCE WITH THE FOLLOWING:

(1) "CONSUMER" HAS THE SAME MEANING AS IN SECTION 4933.41 OF THE REVISED CODE.

(2) "CONSUMER TRANSACTION" HAS THE SAME MEANING AS IN SECTION 4933.41 OF THE REVISED CODE, BUT EXCLUDES TRANSACTIONS THAT ARE EXCLUDED FROM THE DEFINITION OF "CONSUMER TRANSACTION" UNDER SECTION 1345.01 OF THE REVISED CODE.

(B) THE AUTHORITY OF THE ATTORNEY GENERAL UNDER DIVISION (A) OF THIS SECTION IS IN ADDITION TO ANY OTHER APPLICABLE POWERS OF THE ATTORNEY GENERAL, INCLUDING AUTHORITY UNDER DIVISION (C) OF THIS SECTION TO INITIATE CRIMINAL PROCEEDINGS.

(C) THE ATTORNEY GENERAL MAY INITIATE CRIMINAL PROCEEDINGS FOR A PROSECUTION UNDER DIVISION (B) OF SECTION 1345.99 OF THE REVISED CODE BY PRESENTING EVIDENCE OF CRIMINAL VIOLATIONS TO THE PROSECUTING ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE MAY BE PROSECUTED. IF THE PROSECUTING ATTORNEY DOES NOT PROSECUTE THE VIOLATIONS, OR AT THE REQUEST OF THE PROSECUTING ATTORNEY, THE ATTORNEY GENERAL MAY PROCEED IN THE PROSECUTION WITH ALL THE RIGHTS, PRIVILEGES, AND POWERS CONFERRED BY LAW ON PROSECUTING ATTORNEYS, INCLUDING THE POWER TO APPEAR BEFORE GRAND JURIES AND TO INTERROGATE WITNESSES BEFORE GRAND JURIES.

Sec. 4933.99. (A) Whoever violates section 4933.16 of the Revised Code is guilty of a misdemeanor of the third degree.

(B) Whoever violates section 4933.20, 4933.22, 4933.24, or 4933.25 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(C) Whoever violates section 4933.21 or 4933.23 of the Revised Code is guilty of a misdemeanor of the first degree.

(D) Whoever violates division (E) of section 4933.28 of the Revised Code is guilty of a misdemeanor of the fourth degree. Each day of a violation of that division constitutes a separate offense.

(E) WHOEVER VIOLATES DIVISION (A)(1), (2), OR (3) OF SECTION 4933.42 of the Revised Code IS GUILTY OF A FELONY OF THE FIFTH DEGREE ON A FIRST OFFENSE AND A FELONY OF THE FOURTH DEGREE ON EACH SUBSEQUENT OFFENSE.