To amend sections 5589.24 and 5589.99 of the Revised Code to increase the penalty for obstruction of a street, road, or highway by a railroad, to require that fines for the violation be paid to the county or municipal corporation in which the violation occurred, and to require the fines to be used for railroad highway grade crossing improvements.

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

Sec. 5589.24. (A) All penalties FINES collected under FOR A VIOLATION OF section 5589.21 of the Revised Code shall be paid to the township clerk of the township in which the offense was committed, and be applied by the board of township trustees to the improvement of roads and highways in such township AS FOLLOWS:

(1) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE COUNTY IF THE VIOLATION OCCURRED IN AN UNINCORPORATED AREA OF THE COUNTY;

(2) TO THE RAILROAD GRADE CROSSING IMPROVEMENT FUND OF THE MUNICIPAL CORPORATION IN WHICH THE VIOLATION OCCURRED IF THE VIOLATION OCCURRED IN A MUNICIPAL CORPORATION.

(B) THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND THE LEGISLATIVE AUTHORITY OF EACH MUNICIPAL CORPORATION SHALL ESTABLISH A RAILROAD GRADE CROSSING IMPROVEMENT FUND. THE FUND SHALL CONSIST OF FINES PAID TO THE COUNTY OR MUNICIPAL CORPORATION UNDER DIVISION (A) OF THIS SECTION AND ANY OTHER MONEYS ALLOCATED TO THE FUND BY THE COUNTY OR MUNICIPAL CORPORATION. A COUNTY OR MUNICIPAL CORPORATION SHALL USE ITS RAILROAD GRADE CROSSING IMPROVEMENT FUND TO PAY ANY PART OF THE COST ASSIGNED BY THE PUBLIC UTILITIES COMMISSION TO THE COUNTY OR MUNICIPAL CORPORATION UNDER SECTION 4907.471 of the Revised Code. THE COUNTY OR MUNICIPAL CORPORATION ALSO MAY USE ITS RAILROAD GRADE CROSSING IMPROVEMENT FUND FOR OTHER IMPROVEMENTS TO RAILROAD GRADE CROSSINGS, INCLUDING SIGNS, SIGNALS, GATES, OR OTHER PROTECTIVE DEVICES, AS THE BOARD OF COUNTY COMMISSIONERS OR LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION DETERMINES TO BE APPROPRIATE.

Sec. 5589.99. (A) Whoever violates section 5589.01 of the Revised Code is guilty of a misdemeanor of the third degree.

(B) Whoever violates section 5589.02, 5589.03, 5589.05, 5589.06, 5589.08, 5589.081, 5589.09, 5589.11, 5589.12, 5589.21, 5589.32, or 5589.33 of the Revised Code is guilty of a minor misdemeanor.

(C) Whoever violates section 5589.07 or 5589.10 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(D) WHOEVER VIOLATES SECTION 5589.21 of the Revised Code IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.