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Sub. H. B. No. 255 As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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Representatives Setzer, Seitz, C. Evans, Kearns, Price, McGregor, Chandler, Domenick, Collier, Flowers, Wolpert, Distel, D. Evans, Hagan, Hartnett, Oelslager, Otterman, S. Patton, Perry, J. Stewart, Taylor
Senators Roberts, Blessing, Spada, Armbruster, Robert Gardner
A BILL
To amend sections 505.511, 505.84, and 3743.75 and to enact sections 1753.281 and 3923.651 of the Revised Code to increase the charges for responding in townships to certain security alarm system false alarms, to earmark the moneys a township so collects for police services, to allow townships to charge for fire and rescue services, to make changes in the State Fireworks Law, and to require certain insurance policies that provide coverage for 9-1-1 emergency services to pay the provider of 9-1-1 emergency services directly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.511, 505.84, and 3743.75 be amended and sections 1753.281 and 3923.651 of the Revised Code be enacted to read as follows:
Sec. 505.511. (A) A board of township trustees that
operates a township police department or the board of township trustees of
a
township
police district may, after police constables, the
township police, a law enforcement
agency with which the township contracts for police services, and
the county sheriff or the sheriff's deputy have answered a
combined total
of three false alarms resulting from the malfunction of the same
commercial or residential security alarm system within the
township in the same calendar year, cause the township clerk to
mail the manager of the commercial establishment or the occupant,
lessee, agent, or tenant of the residence, a bill for twenty-five
dollars for each subsequent false alarm from the same alarm
system during that year, to defray the costs incurred. If The bill's amount shall be as follows: (1) For the fourth false alarm of that year .....$50.00; (2) For the fifth false alarm of that year .....$100.00; (3) For all false alarms in that year occurring after the fifth false alarm ...................................$150.00. If
payment of the bill is not received within thirty days, the township clerk
shall send a notice by certified mail to the manager and to the
owner, if different, of the real estate of which the commercial
establishment is a part, or to the occupant, lessee, agent, or
tenant and to the owner, if different, of the real estate of
which the residence is a part, indicating that failure to pay the
bill within thirty days, or to show just cause why the bill
should not be paid, will result in the assessment of a
twenty-five dollar lien upon the real estate in the amount of the bill. If payment is not
received within those thirty days or if just cause is not shown, the
sum of twenty-five dollars amount of the bill shall be entered upon the tax
duplicate, shall be a lien upon the real estate from the date of
the entry, and shall be collected as other taxes and returned to
the township general fund treasury to be earmarked for use for police services. The The board of township trustees shall not
cause the township clerk to send a bill
pursuant to this division if a bill has already been sent
pursuant to division (B) of this section for the same false
alarm. (B) The county sheriff may, after the county sheriff or
the sheriff's deputy, police constables, the
township police, and a law enforcement
agency with which the
township contracts for police services have answered a combined
total of three false alarms resulting from the malfunction of the
same commercial or residential security alarm system within the
unincorporated area of the county in the same calendar year, mail
the manager of the commercial establishment or the occupant,
lessee, agent, or tenant of the residence a bill for twenty-five
dollars for each subsequent false alarm from the same alarm
system during that year, to defray the costs incurred. If The bill's amount shall be as follows: (1) For the fourth false alarm of that year .....$50.00; (2) For the fifth false alarm of that year .....$100.00; (3) For all false alarms in that year occurring after the fifth false alarm ...................................$150.00. If
payment of the bill is not received within thirty days, the
sheriff shall send a notice by certified mail to the manager and
to the owner, if different, of the real estate of which the
commercial establishment is a part, or to the occupant, lessee,
agent, or tenant and to the owner, if different, of the real
estate of which the residence is a part, indicating that the
failure to pay the bill within thirty days, or to show just cause
why the bill should not be paid, will result in the assessment of
a twenty-five dollar lien upon the real estate in the amount of the bill. If payment is
not received within those thirty days or if just cause is not shown,
the sum of twenty-five dollars amount of the bill shall be entered upon the tax
duplicate, shall be a lien upon the real estate from the date of
the entry, and shall be collected as other taxes and returned to
the county treasury. The The sheriff shall not send a bill pursuant
to this division if a bill has already been sent pursuant to
division (A) of this section for the same false alarm. (C) As used in this section, "commercial establishment"
has the same meaning as in section 505.391 of the Revised Code.
Sec. 505.84. As used in this section, "authorized Medicare
medicare reimbursement rate" means such rate established for the
locality under Title XVIII of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C.A. 301, as amended. A board of township trustees may establish reasonable
charges for the use of fire and rescue services, ambulance services, or emergency medical services.
The board may establish different charges for township residents
and nonresidents, and may at, in its discretion, waive all or part of
the charge for any resident. The charge for ambulance transportation for nonresidents shall
be an amount not less than the authorized Medicare
medicare reimbursement rate, except that, if prior to
the effective date of this amendment September
9, 1988, the board had different charges
for residents and nonresidents and the charge for nonresidents
was less than the authorized Medicare medicare reimbursement
rate, the board may charge nonresidents less than the authorized
Medicare medicare reimbursement rate. Charges collected under this section shall be kept in a
separate fund designated as "the fire and rescue services, ambulance services, and emergency medical
services fund," and shall be appropriated and administered by the
board. Such funds The fund shall be used for the payment of the costs of
the management, maintenance, and operation of fire and rescue services, ambulance services, and
emergency medical services in the township. If the fire and rescue services, ambulance services, and
emergency medical services are discontinued in the township, any
balance remaining in the fund shall be paid into the general fund
of the township.
Sec. 1753.281. (A) A health insuring corporation policy, contract, or agreement providing coverage for 9-1-1 emergency services shall provide in the policy, contract, or agreement that all payments for 9-1-1 emergency services be paid directly to a nonparticipating 9-1-1 emergency services provider or to the provider's assigned agent for billing purposes, when such a provider is used.
(B) As used in this section, "9-1-1 emergency services" includes, but is not limited to, the following services: (1) Transportation provided by an ambulance or other vehicle providing medical service that responds to a call placed to the 9-1-1 system, as defined in section 4931.40 of the Revised Code, and transfers a person to a hospital emergency department; (2) All services performed by an emergency room physician that are not covered under the direct payment to hospitals under section 3901.386 of the Revised Code. (C) Section 3901.71 of the Revised Code does not apply to this section.
Sec. 3743.75. (A) During the period beginning on
the
effective date of this section
June 29, 2001, and ending on December 15, 2005 2008,
the state fire marshal shall not do any of the following: (1) 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 29, 2001; (2) 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 29, 2001; (3) Except as provided in division (B) of this section,
approve the transfer of a license as a manufacturer or wholesaler
of fireworks issued under this chapter to any location other than
a location for which a license was issued under this chapter
immediately prior to
the effective date of this section
June 29,
2001. (B) Division (A)(3) of this section does not apply to a
transfer that the state fire marshal approves under division
(D)(2) of section 3743.17 of the Revised Code. Section 3743.59 of
the Revised Code does not apply to this section. (C) The department of commerce and the division of state
fire marshal shall devise, by December 15, 2005, a proposal to
provide for the issuance of manufacturer and wholesaler of
fireworks licenses that is based upon demographics and designed to
ensure the safety of the public and send a copy of the proposal to
the president of the senate and speaker of the house of
representatives.
Sec. 3923.651. (A) Every individual or group policy of sickness and accident insurance that provides coverage for 9-1-1 emergency services shall provide that reimbursement under that policy for 9-1-1 emergency services be paid directly to the provider of 9-1-1 emergency services or to the provider's assigned agent for billing purposes.
(B) As used in this section, "9-1-1 emergency services" includes, but is not limited to, the following services: (1) Transportation provided by an ambulance or other vehicle providing medical service that responds to a call placed to the 9-1-1 system, as defined in section 4931.40 of the Revised Code, and transfers a person to a hospital emergency department; (2) All services performed by an emergency room physician that are not covered under the direct payment to hospitals under section 3901.386 of the Revised Code. (C) Section 3901.71 of the Revised Code does not apply to this section.
Section 2. That existing sections 505.511, 505.84, and 3743.75 of the Revised Code are hereby repealed.
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