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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 204 |
REPRESENTATIVES SCHULER-WINKLER-TAYLOR-VANVYVEN-EVANS-VESPER-
OLMAN-JAMES-TERWILLEGER-CLANCY-ROMAN-CAREY-VERICH-SULZER-
SENATOR SSCHAFRATH-SPADA-GARDNER
A BILL
To amend sections 505.371 and 505.391 of the Revised Code and to amend Section
165 of Am. Sub. H.B. 215 of the 122nd General Assembly to permit the political
subdivisions that comprise a joint fire district to pay the district's charges
for ambulance or emergency medical services provided to their respective
residents under certain circumstances, to permit two or more municipal
corporations to form a joint fire district, to permit a fee to be charged for
false fire alarms from residential buildings in townships or fire districts,
and to extend to December 15, 2002, the general moratorium on the issuance of
new licenses to manufacturers or wholesalers of fireworks and on approvals of
the transfer of their licenses to other locations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.371 and 505.391 of the Revised Code be amended to
read as
follows:
Sec. 505.371. (A) The boards of township trustees of one or
more townships and the legislative authorities of any one or more
municipal corporations, OR THE LEGISLATIVE AUTHORITIES OF TWO OR MORE
MUNICIPAL CORPORATIONS, or the
boards of township trustees of two or more townships, may, by
adoption of a joint resolution by a majority of the members of
each board of township trustees and by a majority of the members
of the legislative authority of each municipal corporation,
create a joint fire district comprising the municipal
corporations and all or any portions of the townships as are
mutually agreed upon. A joint fire district so created shall be
given a name different from the name of any participating
township or municipal corporation.
(B) The governing body of the joint fire district shall be a
board of fire district trustees, which shall include one
representative from each board of township trustees and one
representative from the legislative authority of each municipal
corporation in the district. The board of fire district trustees
may exercise the same powers as are granted to a board of
township trustees in sections 505.37 to 505.45 of the Revised
Code, including, but not limited to, the power to levy a tax upon
all taxable property in the fire district as provided in section
505.39 of the Revised Code. The board of fire district trustees
may be compensated at a rate not to exceed thirty dollars per
meeting, not to exceed fifteen meetings per year, and may be
reimbursed for all necessary expenses incurred. The board shall
employ a clerk of the board of fire district trustees.
(C)(1) The board of fire district trustees may establish reasonable
charges for the
use of ambulance or emergency medical services. The board may establish
different charges for residents and nonresidents of the district, and may
WAIVE, at
its discretion, waive all or part of the charge for any resident of the
district. The charge for nonresidents shall be an amount not less than the
authorized medicare reimbursement rate, except that if, prior to the
effective
date of this amendment FEBRUARY 4, 1998, the
board had different charges for residents and
nonresidents and the charge for nonresidents was less than the authorized
medicare reimbursement rate, the board may charge nonresidents less than the
authorized medicare reimbursement rate. Charges
(2) IN THE RESOLUTION CREATING THE JOINT FIRE DISTRICT, THE
POLITICAL SUBDIVISIONS THAT CREATE THE DISTRICT MAY PROVIDE THAT ANY OF THOSE
POLITICAL SUBDIVISIONS MAY AGREE TO PAY ANY CHARGES FOR THE USE OF AMBULANCE
OR EMERGENCY MEDICAL SERVICES THAT THE BOARD OF FIRE DISTRICT TRUSTEES
ESTABLISHES UNDER DIVISION (C)(1) OF THIS SECTION AND THAT ARE
INCURRED BY THE RESIDENTS OF THE PARTICULAR POLITICAL SUBDIVISION. UNLESS THE
BOARD ELECTS PURSUANT TO THAT DIVISION TO WAIVE ALL OR PART OF THE CHARGES FOR
THE USE OF AMBULANCE OR EMERGENCY MEDICAL SERVICES THAT ANY RESIDENT OF THE
DISTRICT INCURS, THE RESIDENTS OF A PARTICULAR POLITICAL SUBDIVISION THAT HAS
NOT SO AGREED TO PAY THE CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL
SERVICES INCURRED BY ITS RESIDENTS SHALL PAY THOSE CHARGES.
(3) CHARGES collected under DIVISION (C) OF this
paragraph SECTION shall be kept in a separate fund designated as
"the ambulance and
emergency medical
services fund," and shall be appropriated and administered by the
board.
These
funds THE FUND shall be used for the payment of the costs of the
management,
maintenance, and operation of ambulance and emergency medical services in the
district. As
(4) AS used in DIVISION (C) OF this
paragraph SECTION, "authorized medicare reimbursement
rate" has the same meaning as in section 505.84 of the Revised
Code.
(D) Any municipal corporation or township, or parts of
them,
may join an existing joint fire district by the adoption of a
resolution requesting such membership and upon approval of the
board of fire district trustees. Any municipal corporation or
township may withdraw from a joint fire district created under
this section, by the adoption of a resolution ordering
withdrawal. On or after the first day of January of the year
following the adoption of the resolution of withdrawal, the
municipal corporation or township withdrawing ceases to be a part
of such district, and the power of the joint fire district to
levy
a tax upon taxable property in the withdrawing township or
municipal corporation terminates, except that the joint fire
district shall continue to levy and collect taxes for the payment
of indebtedness within the territory of the joint fire district
as it was comprised at the time the indebtedness was incurred.
Upon the withdrawal of any township or municipal
corporation from a joint fire district created under this
section, the county auditor shall ascertain, apportion, and order
a division of the funds on hand, including funds in the ambulance
and emergency medical services fund, moneys and taxes in the process
of collection, except for taxes levied for the payment of
indebtedness, credits, and real and personal property, either in
money or in kind, on the basis of the valuation of the respective
tax duplicates of the withdrawing municipal corporation or
township and the remaining territory of the joint fire district.
When the number of townships and municipal corporations
comprising a joint fire district is reduced to one, the joint
fire district ceases to exist by operation of law, and the funds,
credits, and property remaining after apportionments to
withdrawing municipal corporations or townships, shall be assumed
by the one remaining township or municipal corporation. When a
joint fire district ceases to exist and an indebtedness remains
unpaid, the board of county commissioners shall continue to levy
and collect taxes for the payment of such indebtedness within the
territory of the joint fire district as it was comprised at the
time the indebtedness was incurred.
Sec. 505.391. If, after the fire department of a township,
township fire district, or joint fire district, or a private fire
company with which the fire department of a township, township
fire district, or joint fire district contracts for fire
protection, responds to a false alarm from an automatic fire
alarm system at a commercial establishment OR RESIDENTIAL
BUILDING, the board of township
trustees gives written notice by certified mail to the owner and
the lessee, if any, of the building in which the system is
installed that the board IT may assess a charge of up to
three
hundred dollars for each subsequent false alarm within a period
of thirty days after any false alarm by that system, the board of
township trustees may assess such a THAT charge. THIS NOTICE
SHALL BE MAILED TO THE OWNER AND THE LESSEE, IF ANY, OF THE BUILDING IN WHICH
THE SYSTEM IS INSTALLED. After the board
gives written THIS notice by certified mail once to an owner
and
lessee, if any, the board need not give any additional written
notices before assessing a charge for a false alarm as provided
by this section. If not paid within sixty days after the owner
OR LESSEE receives A written notice by certified mail that a
charge has been
assessed, such charges THE CHARGE shall be entered upon the real
property
tax list and tax duplicate and, shall be a lien upon the
property
served, and shall be collected as other taxes. Charges collected
under this section shall be returned to the township general
fund.
As used in this section, "commercial establishment" means a
building or buildings in an area used primarily for
nonresidential, commercial purposes.
Section 2. That existing sections 505.371 and 505.391 of the Revised Code
are hereby
repealed.
Section 3. For those joint fire districts created prior to and in existence on
the effective date of this act, the joint resolution creating the district may
be amended to permit, on and after the amendment's effective date, any of the
political subdivisions involved to agree to pay any charges for the use of
ambulance or emergency medical services incurred by the residents of the
particular political subdivision in accordance with section 505.371 of the
Revised Code, as amended by this act.
Section 4. That Section 165 of Am. Sub. H.B. 215 of the 122nd General
Assembly be amended to read as follows:
"Sec. 165. During the period beginning on the effective date
of this section AMENDMENT and ending on December 15, 1999
2002, the State Fire Marshal shall
not do either ANY of the following:
(A) Issue a license as a manufacturer of fireworks under sections 3743.02 and
3743.03 of the Revised Code to a person for a particular fireworks plant
unless that person possessed such a license for that fireworks plant
immediately prior to the effective date of this section
JUNE 30, 1997;
(B) Issue a license as a wholesaler of fireworks under sections 3743.15 and
3743.16 of the Revised Code to a person for a particular location unless that
person possessed such a license for that location immediately prior to the
effective date of this section JUNE 30, 1997;
(C)(1) Except as provided in division (C)(2) of this section, approve the
transfer of a license as a manufacturer or wholesaler of
fireworks under Chapter 3743. of the Revised Code to any location other than a
location for which a license was issued under that chapter immediately prior
to the effective date of this section JUNE 30,
1997.
(2) Division (C)(1) of this section does not apply to a transfer that the
Fire Marshal approves pursuant to division (D)(2) of section 3743.17 of the
Revised Code."
Section 5. That existing Section 165 of Am. Sub. H.B. 215 of the 122nd
General Assembly is hereby repealed.
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