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To amend sections 125.183, 167.03, 2307.64, 2913.01, 3745.13, 4742.01, 4905.30, 4927.03, 4927.15, 4931.40, 4931.41, 4931.42, 4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48, 4931.49, 4931.50, 4931.51, 4931.52, 4931.53, 4931.54, 4931.60, 4931.61, 4931.62, 4931.63, 4931.64, 4931.65, 4931.651, 4931.66, 4931.67, 4931.68, 4931.69, 4931.99, 5705.19, and 5733.55; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 125.183 (5507.02), 4931.40 (5507.01), 4931.41 (5507.03), 4931.42 (5507.06), 4931.43 (5507.07), 4931.44 (5507.08), 4931.45 (5507.12), 4931.46 (5507.15), 4931.47 (5507.18), 4931.48 (5507.09), 4931.49 (5507.32), 4931.50 (5507.34), 4931.51 (5507.22), 4931.52 (5507.25), 4931.53 (5507.26), 4931.54 (5507.27), 4931.60 (5507.40), 4931.61 (5507.42), 4931.62 (5507.46), 4931.63 (5507.53), 4931.64 (5507.55), 4931.65 (5507.57), 4931.651 (5507.571), 4931.66 (5507.60), 4931.67 (5507.63), 4931.68 (5507.65), 4931.69 (5507.66), 4931.75 (4931.10), and 4931.99 (5507.99); to enact new section 4931.99 and sections 5507.021, 5507.022, 5507.44, 5507.51, and 5507.52; and to repeal section 4931.70 of the Revised Code to transfer certain 9-1-1 authority to the Director of Public Safety and to the tax commissioner, to revise the amount and methods of collection and remittance of the wireless 9-1-1 charge for prepaid wireless services, and to declare an emergency. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 125.183, 167.03, 2307.64, 2913.01, 3745.13, 4742.01, 4905.30, 4927.03, 4927.15, 4931.40, 4931.41, 4931.42, 4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48, 4931.49, 4931.50, 4931.51, 4931.52, 4931.53, 4931.54, 4931.60, 4931.61, 4931.62, 4931.63, 4931.64, 4931.65, 4931.651, 4931.66, 4931.67, 4931.68, 4931.69, 4931.99, 5705.19, and 5733.55 be amended; sections 125.183 (5507.02), 4931.40 (5507.01), 4931.41 (5507.03), 4931.42 (5507.06), 4931.43 (5507.07), 4931.44 (5507.08), 4931.45 (5507.12), 4931.46 (5507.15), 4931.47 (5507.18), 4931.48 (5507.09), 4931.49 (5507.32), 4931.50 (5507.34), 4931.51 (5507.22), 4931.52 (5507.25), 4931.53 (5507.26), 4931.54 (5507.27), 4931.60 (5507.40), 4931.61 (5507.42), 4931.62 (5507.46), 4931.63 (5507.53), 4931.64 (5507.55), 4931.65 (5507.57), 4931.651 (5507.571), 4931.66 (5507.60), 4931.67 (5507.63), 4931.68 (5507.65), 4931.69 (5507.66), 4931.75 (4931.10), and 4931.99 (5507.99) be amended for the purpose of adopting new section numbers as indicated in parentheses; that new section 4931.99 and sections 5507.021, 5507.022, 5507.44, 5507.51, and 5507.52 of the Revised Code be enacted to read as follows: Sec. 167.03. (A) The council shall have the power to: (1) Study such area governmental problems common to two or more members of the council as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions, and regional development; (2) Promote cooperative arrangements and coordinate action among its members, and between its members and other agencies of local or state governments, whether or not within Ohio, and the federal government; (3) Make recommendations for review and action to the members and other public agencies that perform functions within the region; (4) Promote cooperative agreements and contracts among its members or other governmental agencies and private persons, corporations, or agencies; (5) Operate a public safety answering point in accordance
with (6) Perform planning directly by personnel of the council, or under contracts between the council and other public or private planning agencies. (B) The council may: (1) Review, evaluate, comment upon, and make recommendations, relative to the planning and programming, and the location, financing, and scheduling of public facility projects within the region and affecting the development of the area; (2) Act as an areawide agency to perform comprehensive planning for the programming, locating, financing, and scheduling of public facility projects within the region and affecting the development of the area and for other proposed land development or uses, which projects or uses have public metropolitan wide or interjurisdictional significance; (3) Act as an agency for coordinating, based on metropolitan wide comprehensive planning and programming, local public policies, and activities affecting the development of the region or area. (C) The council may, by appropriate action of the governing bodies of the members, perform such other functions and duties as are performed or capable of performance by the members and necessary or desirable for dealing with problems of mutual concern. (D) The authority granted to the council by this section or in any agreement by the members thereof shall not displace any existing municipal, county, regional, or other planning commission or planning agency in the exercise of its statutory powers. Sec. 2307.64. (A) As used in this section: (1) "Advertisement" has the same meaning as in section
(2) "Computer," "computer network," "computer program," "computer services," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code. (3) "Electronic mail" means an electronic message that is transmitted between two or more telecommunications devices or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt, and whether or not the message is viewed upon the transmission or stored for later retrieval. "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network. (4) "Electronic mail advertisement" means electronic mail containing an advertisement. (5) "Electronic mail service provider" means any person that is an intermediary in sending and receiving electronic mail and that provides to users of electronic mail services the ability to send or receive electronic mail. "Electronic mail service provider" includes an internet service provider. (6) "Originating address" means the string of characters used to specify the source of any electronic mail message. (7) "Person" has the same meaning as in section 1.59 of the Revised Code, but when a person is not an individual, the person responsible for transmitting or causing to be transmitted an electronic mail advertisement is the particular division of the partnership, corporation, or other business entity actually responsible for the transmission of the electronic mail advertisement. (8) "Pre-existing business relationship" means that there was a business transaction between the initiator and the recipient of a commercial electronic mail message during the five-year period preceding the receipt of that message. A pre-existing business relationship includes a transaction involving the free provision of information, goods, or services requested by the recipient. A pre-existing business relationship does not exist after a recipient requests to be removed from the distribution lists of an initiator pursuant to division (B) of this section and a reasonable amount of time has expired since that request. (9) "Receiving address" means the string of characters used to specify a recipient with each receiving address creating a unique and separate recipient. (10) "Recipient" means a person who receives an electronic mail advertisement at any one of the following receiving addresses: (a) A receiving address furnished by an electronic mail service provider that bills for furnishing and maintaining that receiving address to a mailing address within this state; (b) A receiving address ordinarily accessed from a computer located within this state; (c) A receiving address ordinarily accessed by a person domiciled within this state; (d) Any other receiving address with respect to which the obligations imposed by this section can be imposed consistent with the United States Constitution. (B)(1) Except as otherwise provided in division (B)(3) of this section, a person that transmits or causes to be transmitted to a recipient an electronic mail advertisement shall clearly and conspicuously provide to the recipient, within the body of the electronic mail advertisement, both of the following: (a) The person's name and complete residence or business address and the electronic mail address of the person transmitting the electronic mail advertisement; (b) A notice that the recipient may decline to receive from the person transmitting or causing to be transmitted the electronic mail advertisement any additional electronic mail advertisements and a detailed procedure for declining to receive any additional electronic mail advertisements at no cost. The notice shall be of the same size of type as the majority of the text of the message and shall not require that the recipient provide any information other than the receiving address. (2) If the recipient of an electronic mail advertisement uses the procedure contained in the notice described in division (B)(1)(b) of this section to decline to receive any additional electronic mail advertisements, the person that transmitted or caused to be transmitted the original electronic mail advertisement, within a reasonable period of time, shall cease transmitting or causing to be transmitted to the receiving address any additional electronic mail advertisements. (3) A person does not violate division (B) of this section if the person transmits or causes to be transmitted to the recipient an electronic mail advertisement when any of the following apply: (a) The person has a pre-existing business or personal relationship with the recipient. (b) The recipient has consented or has agreed as a condition of service to receive the electronic mail advertisement. (c) The recipient receives the electronic mail advertisement because another recipient forwarded the advertisement to that recipient via an internet web site or another recipient made a direct referral of that recipient to receive the advertisement. (C) No person shall use a computer, a computer network, or the computer services of an electronic mail service provider to transmit an electronic mail advertisement in contravention of the authority granted by, or in violation of the policies related to electronic mail advertisements set by, the electronic mail service provider if the electronic mail service provider has provided the person notice of those policies. For the purposes of this division, notice of those policies shall be deemed sufficient if an electronic mail service provider maintains an easily accessible web page containing its policies regarding electronic mail advertisements and can demonstrate that notice was supplied via electronic means between the sending and receiving computers. (D) No electronic mail service provider shall be liable for transmitting another person's electronic mail advertisement through its service in violation of this section, or shall be liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisement that it believes is, or will be sent, in violation of this section. (E) A recipient of an electronic mail advertisement transmitted in violation of division (B) of this section may bring a civil action against a person who transmitted that advertisement or caused it to be transmitted. In that action, the recipient may recover the following: (1) One hundred dollars for each violation, not to exceed a total of fifty thousand dollars; (2) Reasonable attorney's fees, court costs, and other costs of bringing the action. (F) An electronic mail service provider whose authority or policy has been contravened in violation of division (C) of this section may bring a civil action against a person who transmitted that advertisement or caused it to be transmitted. In that action, the electronic mail service provider may recover the following: (1)(a) Fifty dollars for each violation of division (C) of this section, not to exceed fifty thousand dollars; (b) If a violation of division (C) of this section is a willful or knowing violation, the court may increase the amount recoverable to an amount not to exceed five hundred thousand dollars. (c) If a violation of division (C) of this section is accompanied by a violation of division (H) of this section, there shall be no limit on the amount that may be recovered pursuant to this section. (2) Reasonable attorney's fees, court costs, and other costs of bringing the action. (G) In addition to any recovery that is allowed under
(H) No person shall use a computer, a computer network, a computer program, or the computer services of an electronic mail service provider with the intent to forge an originating address or other routing information, in any manner, in connection with the transmission of an electronic mail advertisement through or into the network of an electronic mail service provider or its subscribers. Each use of a computer, a computer network, a computer program, or the computer services of an electronic mail service provider in violation of this division constitutes a separate offense. A person who violates this division is guilty of forgery under section 2913.31 of the Revised Code. Sec. 2913.01. As used in this chapter, unless the context requires that a term be given a different meaning: (A) "Deception" means knowingly deceiving another or causing another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact. (B) "Defraud" means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another. (C) "Deprive" means to do any of the following: (1) Withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration; (2) Dispose of property so as to make it unlikely that the owner will recover it; (3) Accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration. (D) "Owner" means, unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful. (E) "Services" include labor, personal services, professional
services, rental services, public utility services including
wireless service as defined in division (F)(1) of section (F) "Writing" means any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, typewritten, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification. (G) "Forge" means to fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct. (H) "Utter" means to issue, publish, transfer, use, put or send into circulation, deliver, or display. (I) "Coin machine" means any mechanical or electronic device designed to do both of the following: (1) Receive a coin, bill, or token made for that purpose; (2) In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license. (J) "Slug" means an object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose. (K) "Theft offense" means any of the following: (1) A violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, 2913.48, former section 2913.47 or 2913.48, section 2913.51, 2915.05, or 2921.41, or division (B)(2) of section 4737.04 of the Revised Code; (2) A violation of an existing or former municipal ordinance or law of this or any other state, or of the United States, substantially equivalent to any section listed in division (K)(1) of this section or a violation of section 2913.41, 2913.81, or 2915.06 of the Revised Code as it existed prior to July 1, 1996; (3) An offense under an existing or former municipal ordinance or law of this or any other state, or of the United States, involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud; (4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (K)(1), (2), or (3) of this section. (L) "Computer services" includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network. (M) "Computer" means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. "Computer" includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to an electronic device of that nature. (N) "Computer system" means a computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks. (O) "Computer network" means a set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities. (P) "Computer program" means an ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data. (Q) "Computer software" means computer programs, procedures, and other documentation associated with the operation of a computer system. (R) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network. For purposes of section 2913.47 of the Revised Code, "data" has the additional meaning set forth in division (A) of that section. (S) "Cable television service" means any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system. (T) "Gain access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network, or any cable service or cable system both as defined in section 2913.04 of the Revised Code. (U) "Credit card" includes, but is not limited to, a card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code. (V) "Electronic fund transfer" has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. (W) "Rented property" means personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property, within any applicable minimum or maximum term; and the amount of consideration generally is determined by the duration of possession of the property. (X) "Telecommunication" means the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method. (Y) "Telecommunications device" means any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem. (Z) "Telecommunications service" means the providing, allowing, facilitating, or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system. (AA) "Counterfeit telecommunications device" means a telecommunications device that, alone or with another telecommunications device, has been altered, constructed, manufactured, or programmed to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. "Counterfeit telecommunications device" includes, but is not limited to, a clone telephone, clone microchip, tumbler telephone, or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of telecommunications service or information service without immediate detection; or a device, equipment, hardware, or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone. (BB)(1) "Information service" means, subject to division (BB)(2) of this section, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, including, but not limited to, electronic publishing. (2) "Information service" does not include any use of a capability of a type described in division (BB)(1) of this section for the management, control, or operation of a telecommunications system or the management of a telecommunications service. (CC) "Elderly person" means a person who is sixty-five years of age or older. (DD) "Disabled adult" means a person who is eighteen years of age or older and has some impairment of body or mind that makes the person unable to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least twelve months without any present indication of recovery from the impairment, or who is eighteen years of age or older and has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons. (EE) "Firearm" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code. (FF) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code. (GG) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code. (HH) "Drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code. (II)(1) "Computer hacking" means any of the following: (a) Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime; (b) Misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, "misuse of computer and network services" includes, but is not limited to, the unauthorized use of any of the following: (i) Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network; (ii) File transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks; (iii) Web servers to redirect users to other web pages or web servers. (c)(i) Subject to division (II)(1)(c)(ii) of this section, using a group of computer programs commonly known as "port scanners" or "probes" to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network's facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including, but not limited to, operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access. (ii) The group of computer programs referred to in division (II)(1)(c)(i) of this section does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including, but not limited to, domain name services, mail transfer services, and other operating system services, computer programs commonly called "ping," "tcpdump," and "traceroute" and other network monitoring and management computer software, and computer programs commonly known as "nslookup" and "whois" and other systems administration computer software. (d) The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent. (2) "Computer hacking" does not include the introduction of a computer contaminant, as defined in section 2909.01 of the Revised Code, into a computer, computer system, computer program, or computer network. (JJ) "Police dog or horse" has the same meaning as in section 2921.321 of the Revised Code. (KK) "Anhydrous ammonia" is a compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the manner described in this division. Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen, which is approximately eighty-two per cent nitrogen to eighteen per cent hydrogen. (LL) "Assistance dog" has the same meaning as in section 955.011 of the Revised Code. (MM) "Federally licensed firearms dealer" has the same meaning as in section 5502.63 of the Revised Code. Sec. 3745.13. (A) When emergency action is required to
protect the public health or safety or the environment, any person
responsible for causing or allowing an unauthorized spill,
release, or discharge of material into or upon the environment or
responsible for the operation of an illegal methamphetamine
manufacturing laboratory that has caused contamination of the
environment is liable to the municipal corporation, county,
township, countywide emergency management agency established under
section 5502.26 of the Revised Code, regional authority for
emergency management established under section The officers of the municipal corporation, county, township, countywide emergency management agency, or regional authority for emergency management performing the emergency action shall keep a detailed record of its costs for investigating, mitigating, minimizing, removing, or abating the unauthorized spill, release, discharge, or contamination; promptly after the completion of those measures, shall certify those costs to the city director of law or village solicitor, as appropriate, of the municipal corporation, the prosecuting attorney of the county in the case of a county, township, or countywide emergency management agency, or the legal counsel retained thereby in the case of a regional authority for emergency management; and may request that the legal officer or counsel bring a civil action for recovery of costs against the person responsible for the unauthorized spill, release, or discharge or responsible for the operation of the illegal methamphetamine manufacturing laboratory that caused contamination of the environment. If the officers request that the legal officer or counsel bring such a civil action regarding emergency action taken in relation to the operation of an illegal methamphetamine manufacturing laboratory that has caused contamination of the environment, the legal officer or counsel also may pursue a forfeiture proceeding against the responsible person under Chapter 2981. of the Revised Code, or in any other manner authorized by law. The legal officer or counsel shall submit a written, itemized claim for the total certified costs incurred by the municipal corporation, county, township, countywide agency, or regional authority for the emergency action to the responsible party and a written demand that those costs be paid to the political subdivision, countywide agency, or regional authority. Not less than thirty days before bringing a civil action for recovery of those costs, the legal officer or counsel shall mail written notice to the responsible party informing the responsible party that, unless the total certified costs are paid to the political subdivision, countywide agency, or regional authority within thirty days after the date of mailing of the notice, the legal officer or counsel will bring a civil action for that amount. Except for emergency action taken in relation to the operation of an illegal methamphetamine manufacturing laboratory that has caused contamination of the environment, in making a determination of an award for reimbursement, the responsible party's status as a taxpayer to the governmental entity shall be taken into consideration. Nothing in this section prevents a political subdivision, countywide emergency management agency, or regional authority for emergency management from entering into a settlement of a claim against a responsible party that compromises the amount of the claim. Moneys recovered as described in this section shall be credited to the appropriate funds of the political subdivision, countywide agency, or regional authority from which moneys were expended in performing the emergency action. (B) As used in this section: (1) "Methamphetamine" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine. (2) "Illegal methamphetamine manufacturing laboratory" means any laboratory or other premises that is used for the manufacture or production of methamphetamine in violation of section 2925.04 of the Revised Code, whether or not there has been a prior conviction of that violation. Sec. 4742.01. As used in this chapter: (A) "Emergency service provider" has the same meaning as in
section (B) "Emergency service telecommunicator" means an individual employed by an emergency service provider, whose primary responsibility is to be an operator for the receipt or processing of calls for emergency services made by telephone, radio, or other electronic means. Sec. 4905.30. (A) A public utility shall print and file with the public utilities commission schedules showing all rates, joint rates, rentals, tolls, classifications, and charges for service of every kind furnished by it, and all rules and regulations affecting them. The schedules shall be plainly printed and kept open to public inspection. The commission may prescribe the form of every such schedule, and may prescribe, by order, changes in the form of such schedules. The commission may establish and modify rules and regulations for keeping such schedules open to public inspection. A copy of the schedules, or so much thereof as the commission deems necessary for the use and information of the public, shall be printed in plain type and kept on file or posted in such places and in such manner as the commission orders. (B) Division (A) of this section applies to a telephone
company only regarding rates, joint rates, tolls, classifications,
charges, rules, and regulations established pursuant to sections
4905.71, 4927.12, 4927.13, 4927.14, 4927.15, and 4927.18 Sec. 4927.03. (A) Except as provided in divisions (A) and (B)
of section 4927.04 of the Revised Code and except to the extent
required to exercise authority under federal law, the public
utilities commission has no authority over any interconnected
voice over internet protocol-enabled service or any
telecommunications service that is not commercially available on
(B)(1) The commission has no authority over wireless service, resellers of wireless service, or wireless service providers, except as follows: (a) As provided under (b) With respect to division (C) of section 4927.15 of the Revised Code; (c) As provided in divisions (B)(2), (3), and (4) of this section. (2) The commission has authority over wireless service and wireless service providers as follows, but only to the extent authorized by federal law, including federal regulations: (a) To the extent that the commission carries out the acts described in divisions (A), (B), (C), (D), and (F) of section 4927.04 of the Revised Code; (b) As provided in sections 4927.05, 4927.20, and 4927.21 of the Revised Code. (3) The requirements of sections 4905.10, 4905.14, and 4911.18 of the Revised Code shall apply to a wireless service provider. (4) The commission has such authority as is necessary to enforce division (B) of this section. (C) For purposes of sections 4927.01 to 4927.21 of the Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25, 4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17, 4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32, 4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54, 4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to a telephone company or, as applicable, to an officer, employee, or agent of such company or provider, except to the extent necessary for the commission to carry out sections 4927.01 to 4927.21 of the Revised Code. (D) Except as specifically authorized in sections 4927.01 to 4927.21 of the Revised Code, the commission has no authority over the quality of service and the service rates, terms, and conditions of telecommunications service provided to end users by a telephone company. (E) The commission shall initially adopt the rules required
by this chapter not later than one hundred twenty days after Sec. 4927.15. (A) The rates, terms, and conditions for 9-1-1
service provided in this state by a telephone company or a
telecommunications carrier and each of the following provided in
this state by a telephone company shall be approved and tariffed
in the manner prescribed by rule adopted by the public utilities
commission and shall be subject to the applicable laws, including
rules or regulations adopted and orders issued by the commission
or the federal communications commission (1) Carrier access; (2) N-1-1 services, other than 9-1-1 service; (3) Pole attachments and conduit occupancy under section 4905.71 of the Revised Code; (4) Pay telephone access lines; (5) Toll presubscription; (6) Telecommunications relay service. (B) The public utilities commission may order changes in a
telephone company's rates for carrier access in this state subject
to this division. In the event that the public utilities
commission reduces a telephone company's rates for carrier access
that are in effect on (C) The public utilities commission has authority to address carrier access policy and to create and administer mechanisms for carrier access reform, including, but not limited to, high cost support. Sec. 4931.75 4931.10. (A) As used in this section: (1) "Advertisement" means a message or material intended to cause the sale of realty, goods, or services. (2) "Facsimile device" means a device that electronically or telephonically receives and copies onto paper reasonable reproductions or facsimiles of documents and photographs through connection with a telephone network. (3) "Pre-existing business relationship" does not include transmitting an advertisement to the owner's or lessee's facsimile device. (B)(1) No person shall transmit an advertisement to a facsimile device unless the person has received prior permission from the owner or, if the device is leased, from the lessee of the device to which the message is to be sent to transmit the advertisement; or the person has a pre-existing business relationship with such owner or lessee. Division (B)(1) of this section does not apply to a person who transmits an advertisement to a facsimile device located on residential premises. (2) No person shall transmit an advertisement to a facsimile device located on residential premises unless the person has received prior written permission from the owner or, if the device is leased, from the lessee of the device to which the message is to be sent to transmit the advertisement. In addition to any other penalties or remedies, a recipient of an advertisement transmitted in violation of division (B)(2) of this section may bring a civil action against the person who transmitted that advertisement or caused it to be transmitted. In that action, the recipient may recover one thousand dollars for each violation. (C) When requested by the owner or lessee, the transmission shall occur between seven p.m. and five a.m. This section applies to all such advertisements intended to be so transmitted within this state. Sec. 4931.99. (A) Whoever violates division (B) of section 4931.06 of the Revised Code is guilty of a misdemeanor in the first degree. (B) Whoever violates section 4931.10 of the Revised Code is guilty of a minor misdemeanor for a first offense and a misdemeanor of the first degree on each subsequent offense. Sec. 4931.40 5507.01. As used in (A) "9-1-1 system" means a system through which individuals can request emergency service using the telephone number 9-1-1. (B) "Basic 9-1-1" means a 9-1-1 system in which a caller provides information on the nature of and the location of an emergency, and the personnel receiving the call must determine the appropriate emergency service provider to respond at that location. (C) "Enhanced 9-1-1" means a 9-1-1 system capable of providing both enhanced wireline 9-1-1 and wireless enhanced 9-1-1. (D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which the wireline telephone network, in providing wireline 9-1-1, automatically routes the call to emergency service providers that serve the location from which the call is made and immediately provides to personnel answering the 9-1-1 call information on the location and the telephone number from which the call is being made. (E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in providing wireless 9-1-1, has the capabilities of phase I and, to the extent available, phase II enhanced 9-1-1 services as described in 47 C.F.R. 20.18 (d) to (h). (F)(1) "Wireless service" means federally licensed commercial mobile service as defined in 47 U.S.C. 332(d) and further defined as commercial mobile radio service in 47 C.F.R. 20.3, and includes service provided by any wireless, two-way communications device, including a radio-telephone communications line used in cellular telephone service or personal communications service, a network radio access line, or any functional or competitive equivalent of such a radio-telephone communications or network radio access line. (2) Nothing in (G) "Wireless service provider" means a facilities-based provider of wireless service to one or more end users in this state. (H) "Wireless 9-1-1" means the emergency calling service provided by a 9-1-1 system pursuant to a call originating in the network of a wireless service provider. (I) "Wireline 9-1-1" means the emergency calling service provided by a 9-1-1 system pursuant to a call originating in the network of a wireline service provider. (J) "Wireline service provider" means a facilities-based provider of wireline service to one or more end-users in this state. (K) "Wireline service" means basic local exchange service, as defined in section 4927.01 of the Revised Code, that is transmitted by means of interconnected wires or cables by a wireline service provider authorized by the public utilities commission. (L) "Wireline telephone network" means the selective router and data base processing systems, trunking and data wiring cross connection points at the public safety answering point, and all other voice and data components of the 9-1-1 system. (M) "Subdivision" means a county, municipal corporation, township, township fire district, joint fire district, township police district, joint police district, joint ambulance district, or joint emergency medical services district that provides emergency service within its territory, or that contracts with another municipal corporation, township, or district or with a private entity to provide such service; and a state college or university, port authority, or park district of any kind that employs law enforcement officers that act as the primary police force on the grounds of the college or university or port authority or in the parks operated by the district. (N) "Emergency service" means emergency law enforcement, firefighting, ambulance, rescue, and medical service. (O) "Emergency service provider" means the state highway patrol and an emergency service department or unit of a subdivision or that provides emergency service to a subdivision under contract with the subdivision. (P) "Public safety answering point" means a facility to which 9-1-1 system calls for a specific territory are initially routed for response and where personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency service provider, relaying a message to the appropriate provider, or transferring the call to the appropriate provider. (Q) "Customer premises equipment" means telecommunications equipment, including telephone instruments, on the premises of a public safety answering point that is used in answering and responding to 9-1-1 system calls. (R) "Municipal corporation in the county" includes any municipal corporation that is wholly contained in the county and each municipal corporation located in more than one county that has a greater proportion of its territory in the county to which the term refers than in any other county. (S) "Board of county commissioners" includes the legislative authority of a county established under Section 3 of Article X, Ohio Constitution, or Chapter 302. of the Revised Code. (T) "Final plan" means a final plan adopted under division
(B) of section (U) "Subdivision served by a public safety answering point" means a subdivision that provides emergency service for any part of its territory that is located within the territory of a public safety answering point whether the subdivision provides the emergency service with its own employees or pursuant to a contract. (V) A township's population includes only population of the unincorporated portion of the township. (W) "Telephone company" means a company engaged in the
business of providing local exchange telephone service by making
available or furnishing access and a dial tone to persons within a
local calling area for use in originating and receiving voice
grade communications over a switched network operated by the
provider of the service within the area and gaining access to
other telecommunications services. "Telephone company" includes a
wireline service provider and a wireless service provider unless
otherwise expressly specified. For purposes of sections (X) "Prepaid wireless calling service" has the same meaning as in division (AA)(5) of section 5739.01 of the Revised Code. (Y) "Provider of a prepaid wireless calling service" means a wireless service provider that provides a prepaid wireless calling service. (Z) "Retail sale" has the same meaning as in section 5739.01 of the Revised Code. (AA) "Seller" means a person that sells a prepaid wireless calling service to another person by retail sale. Sec. 125.183 5507.02. (A)(1) There is hereby created the statewide emergency services internet protocol network steering committee, consisting of the following ten members: (a) The state chief information officer or the officer's designee; (b) Two members of the house of representatives appointed by the speaker, one from the majority party and one from the minority party; (c) Two members of the senate appointed by the president, one from the majority party and one from the minority party; (d) Five members appointed by the governor. (2) In appointing the five members under division (A)(1)(d) of this section, the governor shall appoint two representatives of the county commissioners' association of Ohio or a successor organization, two representatives of the Ohio municipal league or a successor organization, and one representative of the Ohio township association or a successor organization. For each of these appointments, the governor shall consider a nominee proposed by the association or successor organization. The governor may reject any of the nominees and may request that a nominating entity submit alternative nominees. (3) Initial appointments shall be made not later than ten
days after (B)(1) The state chief information officer or the officer's designee shall serve as the chairperson of the steering committee and shall be a nonvoting member. All other members shall be voting members. (2) A member of the steering committee appointed from the membership of the senate or the house of representatives shall serve during the member's term as a member of the general assembly and until a successor is appointed and qualified, notwithstanding adjournment of the general assembly or the expiration of the member's term as a member of the general assembly. (3) The initial terms of one of the representatives of the county commissioners' association of Ohio, one of the representatives of the Ohio municipal league, and the representative of the Ohio township association shall all expire on December 31, 2016. The initial terms of the other representatives of the county commissioners' association of Ohio and the Ohio municipal league shall expire on December 31, 2014. Thereafter, terms of the members appointed by the governor shall be for four years, with each term ending on the same day of the same month as the term it succeeds. Each member appointed by the governor shall hold office from the date of the member's appointment until the end of the term for which the member was appointed, and may be reappointed. A member appointed by the governor shall continue in office after the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first. Members appointed by the governor shall serve without compensation and shall not be reimbursed for expenses. (4) A vacancy in the position of any member of the steering committee shall be filled for the unexpired term in the same manner as the original appointment. (C) The steering committee shall generally advise the state on the implementation, operation, and maintenance of a statewide emergency services internet protocol network that would support state and local government next-generation 9-1-1 and the dispatch of emergency service providers. The steering committee shall do all of the following: (1) On or before (2) Examine the readiness of the state's current technology infrastructure for a statewide emergency services internet protocol network; (3) Research legislative authority with regard to governance and funding of a statewide emergency services internet protocol network, and provide recommendations on best practices to limit duplicative efforts to ensure an effective transition to next-generation 9-1-1; (4) Make recommendations for consolidation of public-safety-answering-point operations in this state, including recommendations for accelerating the consolidation schedule established in section 5507.571 of the Revised Code, to accommodate next-generation 9-1-1 technology and to facilitate a more efficient and effective emergency services system; (5) Recommend policies, procedures, and statutory or regulatory authority to effectively govern a statewide emergency services internet protocol network; (6) Designate a next-generation 9-1-1 statewide coordinator to serve as the primary point of contact for federal initiatives; (7) Coordinate with statewide initiatives and associations such as the state interoperable executive committee, the Ohio geographically referenced information program council, the Ohio multi-agency radio communications system steering committee, and other interested parties. (D)(1) Not later than February 15, 2013, each chairperson of a countywide 9-1-1 planning committee or the chairperson's designee shall report the following information to the steering committee: (a) The geographic location and population of the area for which the planning committee is responsible; (b) Statistics detailing the number of 9-1-1 calls received; (c) A report of expenditures made from disbursements from the wireless 9-1-1 government assistance fund; (d) An inventory of and the technical specifications for the current 9-1-1 network and equipment; (e) Any other information requested by the steering committee. (2) If, by February 15, 2013, a countywide 9-1-1 planning committee fails to provide to the steering committee the information required under division (D)(1) of this section, the steering committee shall notify the tax commissioner of the failure and the tax commissioner shall suspend disbursements from the wireless 9-1-1 government assistance fund to that county. Disbursements to the county shall resume after the steering committee receives the required information and notifies the tax commissioner that the requirement has been met. (E) The steering committee shall hold its inaugural meeting
not later than thirty days after
(2) The membership of subcommittees shall be determined by the steering committee. (a) The technical-standards subcommittee shall include one member representing a wireline or wireless service provider that participates in the state's 9-1-1 system, one representative of the Ohio academic resources network, one representative of the Ohio multi-agency radio communications system steering committee, one representative of the Ohio geographically referenced information program, and one member representing each of the following associations selected by the steering committee from nominations received from that association: (i) The Ohio telephone association; (ii) The Ohio chapter of the association of public-safety communications officials; (iii) The Ohio chapter of the national emergency number association. (b) The public-safety-answering-point-operations subcommittee shall include one member representing the division of emergency management of the department of public safety, one member representing the state highway patrol, two members recommended by the county commissioners' association of Ohio who are managers of public safety answering points, two members recommended by the Ohio municipal league who are managers of public safety answering points, and one member from each of the following associations selected by the steering committee from nominations received from that association: (i) The buckeye state sheriffs' association; (ii) The Ohio association of chiefs of police; (iii) The Ohio association of fire chiefs; (iv) The Ohio chapter of the association of public-safety communications officials; (v) The Ohio chapter of the national emergency number association.
Sec. 5507.021. Not later than January 1, 2014, and in accordance with Chapter 119. of the Revised Code, the statewide emergency services internet protocol network steering committee shall adopt rules that establish technical and operational standards for public safety answering points eligible to receive disbursements under section 5507.55 of the Revised Code. The rules shall incorporate industry standards and best practices for wireless 9-1-1 services. Public safety answering points shall comply with the standards not later than two years after the effective date of the rules adopting the standards. Sec. 5507.022. The statewide emergency services internet protocol network steering committee shall establish guidelines for the tax commissioner to use when disbursing money from the next generation 9-1-1 fund to countywide 9-1-1 systems in the state. The guidelines shall be consistent with the standards adopted in section 5507.021 of the Revised Code and shall specify that disbursements may be used for costs associated with the operation of and equipment for phase II wireless systems and for costs associated with a county's migration to next generation 9-1-1 systems and technology. Sec. 4931.41 5507.03. (A)(1) A countywide 9-1-1 system shall include all of the territory of the townships and municipal corporations in the county and any portion of such a municipal corporation that extends into an adjacent county. (2) The system shall exclude any territory served by a
wireline service provider that is not capable of reasonably
meeting the technical and economic requirements of providing the
wireline telephone network portion of the countywide system for
that territory. The system shall exclude from enhanced 9-1-1 any
territory served by a wireline service provider that is not
capable of reasonably meeting the technical and economic
requirements of providing the wireline telephone network portion
of enhanced 9-1-1 for that territory. If a 9-1-1 planning
committee and a wireline service provider do not agree on whether
the provider is so capable, the committee shall notify the
department of public
(B) A countywide 9-1-1 system may be a basic or enhanced 9-1-1 system, or a combination of the two, and shall be for the purpose of providing both wireline 9-1-1 and wireless 9-1-1. (C) Every emergency service provider that provides emergency service within the territory of a countywide 9-1-1 system shall participate in the countywide system. (D)(1) Each public safety answering point shall be operated by a subdivision or a regional council of governments and shall be operated constantly. (2) A subdivision or a regional council of governments that
operates a public safety answering point shall pay all of the
costs associated with establishing, equipping, furnishing,
operating, and maintaining that facility and shall allocate those
costs among itself and the subdivisions served by the answering
point based on the allocation formula in a final plan. The
wireline service provider or other entity that provides or
maintains the customer premises equipment shall bill the operating
subdivision or the operating regional council of governments for
the cost of providing such equipment, or its maintenance. A
wireless service provider and a subdivision or regional council of
governments operating a public safety answering point may enter
into a service agreement for providing wireless enhanced 9-1-1
pursuant to a final plan adopted under (E) Except to the extent provided in a final plan that
provides for funding of a 9-1-1 system in part through charges
imposed under section (F) Notwithstanding any other provision of law, the purchase
or other acquisition, installation, and maintenance of the
telephone network for a 9-1-1 system and the purchase or other
acquisition, installation, and maintenance of customer premises
equipment at a public safety answering point made in compliance
with a final plan or an agreement under section (G) Each emergency service provider participating in a countywide 9-1-1 system shall maintain a telephone number in addition to 9-1-1. (H) Whenever a final plan provides for the implementation of
basic 9-1-1, the planning committee shall so notify the department
of public
(I) If the public safety answering point personnel reasonably determine that a 9-1-1 call is not an emergency, the personnel shall provide the caller with the telephone number of an appropriate subdivision agency as applicable. (J) A final plan adopted under (K) A final plan for the provision of wireless enhanced 9-1-1 shall provide that any wireless 9-1-1 calls routed to a state highway patrol-operated public safety answering point by default, due to a wireless service provider so routing all such calls of its subscribers without prior permission, are instead to be routed as provided under the plan. Upon the implementation of countywide wireless enhanced 9-1-1 pursuant to a final plan, the state highway patrol shall cease any functioning as a public safety answering point providing wireless 9-1-1 within the territory covered by the countywide 9-1-1 system so established, unless the patrol functions as a public safety answering point providing wireless enhanced 9-1-1 pursuant to an agreement included in the plan as authorized under division (J) of this section. Sec. 4931.42 5507.06. (A) A board of county commissioners or the legislative authority of any municipal corporation in the county that contains at least thirty per cent of the county's population may adopt a resolution to convene a 9-1-1 planning committee, which shall serve without compensation and shall consist of three voting members as follows: (1) The president or other presiding officer of the board of
county commissioners, who shall serve as (2) The chief executive officer of the most populous municipal corporation in the county; (3) From the more populous of the following, either the chief executive officer of the second most populous municipal corporation in the county or a member of the board of township trustees of the most populous township in the county as selected by majority vote of the board of trustees. In counties with a population of one hundred seventy-five thousand or more, the planning committee shall consist of two additional voting members as follows: a member of a board of township trustees selected by the majority of boards of township trustees in the county pursuant to resolutions they adopt, and the chief executive officer of a municipal corporation in the county selected by the majority of the legislative authorities of municipal corporations in the county pursuant to resolutions they adopt. When determining population under this division, population residing outside the county shall be excluded. (B) Within thirty days after the adoption of a resolution to
convene the committee under division (A) of this section, the
committee shall convene for the sole purpose of developing a final
plan for implementing a countywide 9-1-1 system. The county shall
provide the committee with any clerical, legal, and other staff
assistance necessary to develop the final plan and shall pay for
copying, mailing, and any other such expenses incurred by the
committee in developing the final plan and in meeting the
requirements imposed by sections (C) The 9-1-1 planning committee shall appoint a 9-1-1 technical advisory committee to assist it in planning the countywide 9-1-1 system. The advisory committee shall include at least one fire chief and one police chief serving in the county, the county sheriff, a representative of the state highway patrol selected by the patrol, one representative of each telephone company in each case selected by the telephone company represented, the director/coordinator of emergency management appointed under section 5502.26, 5502.27, or 5502.271 of the Revised Code, as appropriate, and a member of a board of township trustees of a township in the county selected by a majority of boards of township trustees in the county pursuant to resolutions they adopt. Sec. 4931.43 5507.07. (A) The 9-1-1 planning committee shall prepare a proposal on the implementation of a countywide 9-1-1 system and shall hold a public meeting on the proposal to explain the system to and receive comments from public officials. At least thirty but not more than sixty days before the meeting, the committee shall send a copy of the implementation proposal and written notice of the meeting: (1) By certified mail, to the board of county commissioners, the legislative authority of each municipal corporation in the county, and to the board of trustees of each township in the county; and (2) To the board of trustees, directors, or park commissioners of each subdivision that will be served by a public safety answering point under the plan. (B) The proposal and the final plan adopted by the committee shall specify: (1) Which telephone companies serving customers in the county
and, as authorized in division (A)(1) of section (2) The location and number of public safety answering points; how they will be connected to a company's telephone network; from what geographic territory each will receive 9-1-1 calls; whether basic or enhanced 9-1-1 service will be provided within such territory; what subdivisions will be served by the answering point; and whether an answering point will respond to calls by directly dispatching an emergency service provider, by relaying a message to the appropriate provider, or by transferring the call to the appropriate provider; (3) Which subdivision or regional council of governments will establish, equip, furnish, operate, and maintain a particular public safety answering point; (4) A projection of the initial cost of establishing, equipping, and furnishing and of the annual cost of the first five years of operating and maintaining each public safety answering point; (5) Whether the cost of establishing, equipping, furnishing,
operating, or maintaining each public safety answering point
should be funded through charges imposed under section (6) How each emergency service provider will respond to a misdirected call. (C) Following the meeting required by this section, the 9-1-1
planning committee may modify the implementation proposal and, no
later than nine months after the resolution authorized by section
(1) By certified mail to the board of county commissioners of the county, to the legislative authority of each municipal corporation in the county, and to the board of township trustees of each township in the county; and (2) To the board of trustees, directors, or park commissioners of each subdivision that will be served by a public safety answering point under the plan. (D) If the committee has not adopted a final plan on or
before the deadline in division (C) of this section, the committee
shall cease to exist. A new 9-1-1 planning committee may be
convened in the manner established in section Sec. 4931.44 5507.08. (A) Within sixty days after receipt of
the final plan pursuant to division (C) of section (B) As used in this division, "county's population" excludes the population of any municipal corporation or township that, under the plan, is completely excluded from 9-1-1 service in the county's final plan. A countywide plan is effective if all of the following entities approve the plan in accordance with this section: (1) The board of county commissioners; (2) The legislative authority of a municipal corporation that contains at least thirty per cent of the county's population, if any; (3) The legislative authorities of municipal corporations and townships that contain at least sixty per cent of the county's population or, if the plan has been approved by a municipal corporation that contains at least sixty per cent of the county's population, by the legislative authorities of municipal corporations and townships that contain at least seventy-five per cent of the county's population. (C) After a countywide plan approved in accordance with this
section is adopted, all of the telephone companies, subdivisions,
and regional councils of governments included in the plan are
subject to the specific requirements of the plan and to Sec. 4931.48 5507.09. (A) If a final plan is disapproved
under division (B) of section (B) If no resolution has been adopted to convene a 9-1-1
planning committee under section (C) Whenever a telephone company that is a wireline service
provider and one or more municipal corporations and townships
enter into an agreement under division (A) or (B) of this section
to provide for the wireline telephone network portion of a basic
9-1-1 system, the telephone company shall so notify the department
of public
(D) Within three years from the date of entering into an initial agreement described under division (C) of this section, the telephone company shall have installed the wireline telephone network portion of the 9-1-1 system according to the terms, conditions, requirements, and specifications set forth in the agreement. (E) A telephone company that is a wireline service provider
shall recover the cost of installing the wireline telephone
network system pursuant to agreements made under this section as
provided in sections Sec. 4931.45 5507.12. (A) An amended final plan is required for any of the following purposes: (1) Expanding the territory included in the countywide 9-1-1 system; (2) Upgrading any part or all of a system from basic to enhanced wireline 9-1-1; (3) Adjusting the territory served by a public safety answering point; (4) Permitting a regional council of governments to operate a public safety answering point; (5) Represcribing the funding of public safety answering
points as between the alternatives set forth in division (B)(5) of
section (6) Providing for wireless enhanced 9-1-1; (7) Adding a telephone company as a participant in a countywide 9-1-1 system after the implementation of wireline 9-1-1 or wireless enhanced 9-1-1; (8) Providing that the state highway patrol or one or more
public safety answering points of another 9-1-1 system function as
a public safety answering point or points for the provision of
wireline or wireless 9-1-1 for all or part of the territory of the
system established under the final plan, as contemplated under
division (J) of section (9) Making any other necessary adjustments to the plan. (B) Except as otherwise provided in division (C) of this
section, a final plan shall be amended in the manner provided for
adopting a final plan under sections (C)(1) To amend a final plan for the purpose described in division (A)(7) of this section, an entity that wishes to be added as a participant in a 9-1-1 system shall file a written letter of that intent with the board of county commissioners of the county that approved the final plan. The final plan is deemed amended upon the filing of that letter. The entity that files the letter shall send written notice of that filing to all subdivisions, regional councils of governments, and telephone companies participating in the system. (2) An amendment to a final plan for a purpose set forth in division (A)(1), (3), (6), or (9) of this section may be made by an addendum approved by a majority of the 9-1-1 planning committee. The board of county commissioners shall call a meeting of the 9-1-1 planning committee for the purpose of considering an addendum pursuant to this division. (3) Adoption of any resolution under section (D) When a final plan is amended for a purpose described in
division (A)(1), (2), or (7) of this section, sections Sec. 4931.46 5507.15. (A) Within three years from the date
an initial final plan becomes effective under division (B) of
section
(B)(1) Upon installation of a countywide 9-1-1 system, the board of county commissioners may direct the county engineer to erect and maintain at the county boundaries on county roads and state and interstate highways, signs indicating the availability of a countywide 9-1-1 system. Any sign erected by a county under this section shall be erected in accordance with and meet the specifications established under division (B)(2) of this section. All expenses incurred in erecting and maintaining the signs shall be paid by the county. (2) The director of transportation shall develop design specifications for signs giving notice of the availability of a countywide 9-1-1 system. The director also shall establish standards for the erection of the signs and, in accordance with federal law and regulations and recognized engineering practices, specify those locations where the signs shall not be erected. Sec. 4931.47 5507.18. (A) In accordance with (B) Only the customers of a participating telephone company
described in division (A) of this section that are served within
the area covered by a 9-1-1 system shall pay the recurring rates
for the maintenance and operation of the company's portion of the
wireline telephone network of the system. Such rates shall be
computed by dividing the total monthly recurring rates set forth
in the company's schedule as filed in accordance with section
4905.30 of the Revised Code, by the total number of residential
and business customer access lines, or their equivalent, within
the area served. Each residential and business customer within the
area served shall pay the recurring rates based on the number of
its residential and business customer access lines or their
equivalent. No company shall include such amount on any customer's
bill until the company has completed its portion of the wireline
telephone network in accordance with the terms, conditions,
requirements, and specifications of the final plan or an agreement
made under section (C)(1) Except as otherwise provided in division (C)(2) of
this section, a participating telephone company described in
division (A) of this section may receive through the credit
authorized by section 5733.55 of the Revised Code the total
nonrecurring charges for its portion of the wireline telephone
network of the system and the total nonrecurring charges for any
updating or modernization of that wireline telephone network in
accordance with the terms, conditions, requirements, and
specifications of the final plan or pursuant to agreements under
section (2) The credit shall not be allowed under division (C)(1) of this section for the upgrading of a system from basic to enhanced wireline 9-1-1 if both of the following apply: (a) The telephone company received the credit for the wireline telephone network portion of the basic 9-1-1 system now proposed to be upgraded. (b) At the time the final plan or agreement pursuant to
section (3) If the credit is not allowed under division (C)(2) of
this section, the total nonrecurring charges for the wireline
telephone network used in providing 9-1-1 service, as set forth in
the schedule filed by a telephone company in accordance with
section 4905.30 of the Revised Code, on completion of the
installation of the network in accordance with the terms,
conditions, requirements, and specifications of the final plan or
pursuant to section (D) If customer premises equipment for a public safety answering point is supplied by a telephone company that is required to file a schedule under section 4905.30 of the Revised Code pertaining to customer premises equipment, the recurring and nonrecurring rates and charges for the installation and maintenance of the equipment specified in the schedule shall apply. Sec. 4931.51 5507.22. (A)(1) For the purpose of paying the
costs of establishing, equipping, and furnishing one or more
public safety answering points as part of a countywide 9-1-1
system effective under division (B) of section (2) For the purpose of paying the costs of operating and maintaining the answering points and paying the expense of administering and enforcing this section, the board, in accordance with this section, may fix and impose reasonable charges to be paid by each owner, as provided in division (A)(1) of this section, that shall be sufficient to pay only the estimated allowed costs and shall be equal in amount for all such lots or parcels. The board may fix and impose charges under this division pursuant to a resolution adopted for the purposes of both divisions (A)(1) and (2) of this section or pursuant to a resolution adopted solely for the purpose of division (A)(2) of this section, and charges imposed under division (A)(2) of this section may be separately imposed or combined with charges imposed under division (A)(1) of this section. (B) Any board adopting a resolution under this section
pursuant to a final plan initiating the establishment of a 9-1-1
system or pursuant to an amendment to a final plan shall adopt the
resolution within sixty days after the board receives the final
plan for the 9-1-1 system pursuant to division (C) of section
(C) The board shall adopt a resolution under this section at a public meeting held in accordance with section 121.22 of the Revised Code. Additionally, the board, before adopting any such resolution, shall hold at least two public hearings on the proposed charges. Prior to the first hearing, the board shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code. The notice shall include a listing of the charges proposed in the resolution and the date, time, and location of each of the hearings. The board shall hear any person who wishes to testify on the charges or the resolution. (D) No resolution adopted under this section shall be effective sooner than thirty days following its adoption nor shall any such resolution be adopted as an emergency measure. The resolution is subject to a referendum in accordance with sections 305.31 to 305.41 of the Revised Code unless, in the resolution, the board of county commissioners directs the board of elections of the county to submit the question of imposing the charges to the electors of the county at the next primary or general election in the county occurring not less than ninety days after the resolution is certified to the board. No resolution shall go into effect unless approved by a majority of those voting upon it in any election allowed under this division. (E) To collect charges imposed under division (A) of this section, the board of county commissioners shall certify them to the county auditor of the county who then shall place them upon the real property duplicate against the properties to be assessed, as provided in division (A) of this section. Each assessment shall bear interest at the same rate that securities issued in anticipation of the collection of the assessments bear, is a lien on the property assessed from the date placed upon the real property duplicate by the auditor, and shall be collected in the same manner as other taxes. (F) All money collected by or on behalf of a county under this section shall be paid to the county treasurer of the county and kept in a separate and distinct fund to the credit of the county. The fund shall be used to pay the costs allowed in division (A) of this section and specified in the resolution adopted under that division. In no case shall any surplus so collected be expended for other than the use and benefit of the county. Sec. 4931.52 5507.25. (A) This section applies only to a county that meets both of the following conditions: (1) A final plan for a countywide 9-1-1 system either has not
been approved in the county under section (2) The board of county commissioners, at least once, has
submitted to the electors of the county the question of raising
funds for a 9-1-1 system under section (B) A board of county commissioners may adopt a resolution imposing a monthly charge on telephone access lines to pay for the equipment costs of establishing and maintaining no more than three public safety answering points of a countywide 9-1-1 system, which public safety answering points shall be only twenty-four-hour dispatching points already existing in the county. The resolution shall state the amount of the charge, which shall not exceed fifty cents per month, and the month the charge will first be imposed, which shall be no earlier than four months after the special election held pursuant to this section. Each residential and business telephone company customer within the area served by the 9-1-1 system shall pay the monthly charge for each of its residential or business customer access lines or their equivalent. Before adopting a resolution under this division, the board of county commissioners shall hold at least two public hearings on the proposed charge. Before the first hearing, the board shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code. The notice shall state the amount of the proposed charge, an explanation of the necessity for the charge, and the date, time, and location of each of the hearings. (C) A resolution adopted under division (B) of this section shall direct the board of elections to submit the question of imposing the charge to the electors of the county at a special election on the day of the next primary or general election in the county. The board of county commissioners shall certify a copy of the resolution to the board of elections not less than ninety days before the day of the special election. No resolution adopted under division (B) of this section shall take effect unless approved by a majority of the electors voting upon the resolution at an election held pursuant to this section. In any year, the board of county commissioners may impose a lesser charge than the amount originally approved by the electors. The board may change the amount of the charge no more than once a year. The board may not impose a charge greater than the amount approved by the electors without first holding an election on the question of the greater charge. (D) Money raised from a monthly charge on telephone access
lines under this section shall be deposited into a special fund
created in the county treasury by the board of county
commissioners pursuant to section 5705.12 of the Revised Code, to
be used only for the necessary equipment costs of establishing and
maintaining no more than three public safety answering points of a
countywide 9-1-1 system pursuant to a resolution adopted under
division (B) of this section. In complying with this division, any
county may seek the assistance of the department of public
(E) Pursuant to the voter approval required by division (C)
of this section, the final plan for a countywide 9-1-1 system that
will be funded through a monthly charge imposed in accordance with
this section shall be amended by the existing 9-1-1 planning
committee, and the amendment of such a final plan is not an
amendment of a final plan for the purpose of division (A) of
section Sec. 4931.53 5507.26. (A) This section applies only to a
county that has a final plan for a countywide 9-1-1 system that
either has not been approved in the county under section (B) A board of county commissioners may adopt a resolution imposing a monthly charge on telephone access lines to pay for the operating and equipment costs of establishing and maintaining no more than one public safety answering point of a countywide 9-1-1 system. The resolution shall state the amount of the charge, which shall not exceed fifty cents per month, and the month the charge will first be imposed, which shall be no earlier than four months after the special election held pursuant to this section. Each residential and business telephone company customer within the area of the county served by the 9-1-1 system shall pay the monthly charge for each of its residential or business customer access lines or their equivalent. Before adopting a resolution under this division, the board of county commissioners shall hold at least two public hearings on the proposed charge. Before the first hearing, the board shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code. The notice shall state the amount of the proposed charge, an explanation of the necessity for the charge, and the date, time, and location of each of the hearings. (C) A resolution adopted under division (B) of this section shall direct the board of elections to submit the question of imposing the charge to the electors of the county at a special election on the day of the next primary or general election in the county. The board of county commissioners shall certify a copy of the resolution to the board of elections not less than ninety days before the day of the special election. No resolution adopted under division (B) of this section shall take effect unless approved by a majority of the electors voting upon the resolution at an election held pursuant to this section. In any year, the board of county commissioners may impose a lesser charge than the amount originally approved by the electors. The board may change the amount of the charge no more than once a year. The board shall not impose a charge greater than the amount approved by the electors without first holding an election on the question of the greater charge. (D) Money raised from a monthly charge on telephone access
lines under this section shall be deposited into a special fund
created in the county treasury by the board of county
commissioners pursuant to section 5705.12 of the Revised Code, to
be used only for the necessary operating and equipment costs of
establishing and maintaining no more than one public safety
answering point of a countywide 9-1-1 system pursuant to a
resolution adopted under division (B) of this section. In
complying with this division, any county may seek the assistance
of the department of public (E) Nothing in sections (F) Pursuant to the voter approval required by division (C)
of this section, the final plan for a countywide 9-1-1 system that
will be funded through a monthly charge imposed in accordance with
this section, or that will be amended to include an agreement
described in division (E) of this section, shall be amended by the
existing 9-1-1 planning committee, and the amendment of such a
final plan is not an amendment of a final plan for the purpose of
division (A) of section Sec. 4931.54 5507.27. (A) As part of its normal monthly
billing process, each telephone company with customers in the area
served by a 9-1-1 system shall bill and collect from those
customers any charge imposed under section (B) A telephone company that collects charges under this section shall remit the money to the county on a quarterly basis. The company may retain three per cent of any charge it collects as compensation for the costs of such collection. If a company collects charges under this section and fails to remit the money to the county as prescribed, it is liable to the county for any amount collected and not remitted. Sec. 4931.49 5507.32. (A)(1) The state, the state highway
patrol, a subdivision, or a regional council of governments
participating in a 9-1-1 system established under (2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory
board, and any member of that council or board are not liable in
damages in a civil action for injuries, death, or loss to persons
or property arising from any act or omission, except willful or
wanton misconduct, in connection with the development or operation
of a 9-1-1 system established under (B) Except as otherwise provided in section (C) Except for willful or wanton misconduct, a telephone company, and any other installer, maintainer, or provider, through the sale or otherwise, of customer premises equipment, and their respective officers, directors, employees, agents, and suppliers are not liable in damages in a civil action for injuries, death, or loss to persons or property incurred by any person resulting from any of the following: (1) Such an entity's or its officers', directors',
employees', agents', or suppliers' participation in or acts or
omissions in connection with participating in or developing,
maintaining, or operating a 9-1-1 system (2) Such an entity's or its officers', directors',
employees', agents', or suppliers' provision of assistance to a
public utility, municipal utility, or state or local government as
authorized by divisions (D) Except for willful or wanton misconduct, a provider of and a seller of a prepaid wireless calling service and their respective officers, directors, employees, agents, and suppliers are not liable in damages in a civil action for injuries, death, or loss to persons or property incurred by any person resulting from anything described in division (C) of this section. (E) No person shall knowingly use the telephone number of a
9-1-1 system established under
(1) For the purpose of the 9-1-1 system; (2) For the purpose of responding to an emergency call to an emergency service provider; (3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point; (4) In the circumstance of access to a data base being given
by a telephone company that is a wireline service provider to a
public utility or municipal utility in handling customer calls in
times of public emergency or service outages. The charge, terms,
and conditions for the disclosure or use of such information for
the purpose of such access to a data base shall be subject to the
jurisdiction of the department of public (5) In the circumstance of access to a data base given by a
telephone company that is a wireline service provider to a state
and local government in warning of a public emergency, as
determined by the department of public Sec. 4931.50 5507.34. (A) The attorney general, upon request
of the department of public (B) The attorney general, upon the attorney general's own
initiative, or any prosecutor, upon the prosecutor's initiative,
shall begin proceedings against a subdivision or a regional
council of governments as to wireline or wireless 9-1-1 to enforce
compliance with Sec. 4931.60 5507.40. (A) There is hereby created within the
department of public
The Sec. 4931.61 5507.42. (A)
(B)(1) Beginning July 1, 2013, there is hereby imposed, on each retail sale of a prepaid wireless calling service occurring in this state, a wireless 9-1-1 charge of fifty hundredths of a per cent of the sale price. (2) For purposes of division (B)(1) of this section, a retail sale occurs in this state if it is effected by the consumer appearing in person at a seller's business location in this state, or if the sale is sourced to this state under division (E)(3) of section 5739.034 of the Revised Code, except that under that division, in lieu of sourcing a sale under division (C)(5) of section 5739.033 of the Revised Code, the seller, rather than the service provider, may elect to source the sale to the location associated with the mobile telephone number. (3) Except as provided in division (B)(4)(c) of this section, the seller of the prepaid wireless calling service shall collect the charge from the consumer at the time of each retail sale and disclose the amount of the charge to the consumer at the time of the sale by itemizing the charge on the receipt, invoice, or similar form of written documentation provided to the consumer. (4) When a prepaid wireless calling service is sold with one or more other products or services for a single, nonitemized price, the wireless 9-1-1 charge imposed under division (B)(1) of this section shall apply to the entire nonitemized price, except as provided in divisions (B)(4)(a) to (c) of this section. (a) If the amount of the prepaid wireless calling service is disclosed to the consumer as a dollar amount, the seller may elect to apply the charge only to that dollar amount. (b) If the seller can identify the portion of the nonitemized price that is attributable to the prepaid wireless calling service, by reasonable and verifiable standards from the seller's books and records that are kept in the regular course of business for other purposes, including nontax purposes, the seller may elect to apply the charge only to that portion. (c) If a minimal amount of a prepaid wireless calling service is sold with a prepaid wireless calling device for the single, nonitemized price, the seller may elect not to collect the charge. As used in this division, "minimal" means either ten minutes or less or five dollars or less. (C) The wireless 9-1-1 Sec. 5507.44. Beginning July 1, 2013, the tax commissioner shall provide notice to all known wireless service providers, resellers of wireless service, and sellers of prepaid wireless calling services of any increase or decrease in either of the wireless 9-1-1 charges imposed under section 5507.42 of the Revised Code. Each notice shall be provided not less than thirty days before the effective date of the increase or decrease. Sec. 4931.62 5507.46. (A)(1) Beginning with the second month
following the month in which the wireless 9-1-1 charge is first
imposed under division (A) of section (2) A wireless service provider or reseller of wireless
service may retain as a billing and collection fee two per cent of
the total wireless 9-1-1 charges it collects in any month and
shall account to the (3) The (B)(1) Subject to division (B)(2) of this section, each seller of a prepaid wireless calling service required to collect prepaid wireless 9-1-1 charges under division (B) of section 5507.42 of the Revised Code shall, on or before the twenty-third day of each month, except as provided in divisions (B)(2)(a), (b), and (c) of this section, do both of the following: (a) Make and file a return for the preceding month, in the form prescribed by the tax commissioner, showing the amount of the charges collected during that month; (b) Remit the full amount due, as shown on the return. (2)(a) The commissioner may extend the time for making and filing returns and paying amounts due. (b) The commissioner may require that the return for the last month of any annual or semiannual period, as determined by the commissioner, be a reconciliation return detailing the prepaid wireless 9-1-1 charges collected during the preceding annual or semiannual period. A reconciliation return shall be filed on or before the last day of the month following the last month of the annual or semiannual period. (c) If a seller is required to collect prepaid wireless 9-1-1 charges in amounts that do not merit monthly returns, the commissioner may authorize the seller to make and file returns less frequently. The commissioner shall ascertain whether this authorization is warranted upon the basis of administrative costs to the state. (d) A seller may retain as a collection fee three per cent of the total wireless 9-1-1 charges described in division (B)(1) of this section, and shall account to the tax commissioner for the amount retained. (C) The return required under this section shall be filed electronically using the Ohio business gateway, as defined in section 718.051 of the Revised Code, the Ohio telefile system, or any other electronic means prescribed by the tax commissioner. Payment of the amount due shall be made electronically in a manner approved by the commissioner. A seller may apply to the commissioner on a form prescribed by the commissioner to be excused from either electronic requirement of this division. For good cause shown, the commissioner may excuse the seller from either or both of the requirements and may permit the seller to file returns or make payments by nonelectronic means. (D)(1) Each subscriber on which a wireless 9-1-1 charge is
imposed under
(E)(1) If the (2) Upon written notice to the wireless service provider or
reseller, the (3) The portion of any assessment not paid within sixty days
after the date of service by the (4) An assessment is final and due and payable and shall be
remitted to the The judgment of the court of appeals is final and conclusive
unless reversed, vacated, or modified on appeal. Such an appeal
may be made by the (5) After an assessment becomes final, if any portion of the
assessment remains unpaid, including accrued interest, a certified
copy of the (6) An assessment under this division does not discharge a
subscriber's liability to reimburse the provider or reseller for
the wireless 9-1-1 charge imposed under division (A) of section
5507.42 of the Revised Code. If, after the date of service of the
audit notice under division (7) All money collected by the Sec. 5507.51. (A) Beginning on July 1, 2013, the department of taxation shall, within forty-five days after the end of each month, transfer one per cent of the remitted wireless 9-1-1 charges imposed under section 5507.42 of the Revised Code to the credit of the wireless 9-1-1 administrative fund, which is hereby created in the state treasury. This fund shall be used by the department of taxation to defray the costs incurred in carrying out sections 5507.42 to 5507.52 of the Revised Code. (B) The department shall, within forty-five days after the end of each month, transfer the amount remaining after the deposit required by division (A) of this section to the credit of the wireless 9-1-1 government assistance fund, created in section 4931.63 of the Revised Code. Immediately upon completion of this transfer, the department shall certify to the director of public safety the amount transferred under this division. Sec. 5507.52. (A) Beginning on July 1, 2013, each seller of a prepaid wireless calling service required to collect prepaid wireless 9-1-1 charges under division (B) of section 5507.42 of the Revised Code shall also be subject to the provisions of Chapter 5739. of the Revised Code regarding the excise tax on retail sales levied under section 5739.02 of the Revised Code, as those provisions apply to audits, assessments, appeals, enforcement, liability, and penalties. (B) The tax commissioner shall establish procedures by which a person may document that a sale is not a retail sale of a prepaid wireless calling service. The procedures shall substantially coincide with similar procedures under Chapter 5739. of the Revised Code. Sec. 4931.63 5507.53. (A) There is hereby created the
wireless 9-1-1 administrative fund in the state treasury. (1) One per cent of the remittances shall be used by the
(2) One per cent of the remittances shall be used by the department of taxation to defray the costs in carrying out sections 5507.40 to 5507.66 of the Revised Code. (3) Annually, the tax commissioner and the director of public safety, after paying administrative costs incurred in carrying out sections 5507.40 to 5507.66 of the Revised Code, shall transfer any excess remaining in the wireless 9-1-1 administrative fund to the wireless 9-1-1 government assistance fund. (B) There is hereby created the wireless 9-1-1 government
assistance fund, which shall be in the custody of the treasurer of
state but shall not be part of the state treasury. The periodic
remittances of the wireless 9-1-1 (C) There is hereby created the next generation 9-1-1 fund, which shall be in the custody of the treasurer but shall not be a part of the state treasury. The funds remaining in the wireless 9-1-1 government assistance fund after the disbursements made under section 5507.55 of the Revised Code, shall be deposited to the credit of the next generation 9-1-1 fund. The treasurer of state shall deposit or invest the moneys in this fund in accordance with Chapter 135. of the Revised Code and any other provision of law governing public moneys of the state as defined in section 135.01 of the Revised Code. The treasurer of state shall credit the interest earned to the fund. The treasurer of state shall disburse money from the fund solely upon order of the tax commissioner according to policies established by the statewide emergency services internet protocol network steering committee as authorized under section 5507.021 of the Revised Code. Annually, until the fund is depleted, the treasurer of state shall certify to the commissioner the amount of moneys in the treasurer of state's custody belonging to the fund. Sec. 4931.64 5507.55. (A) Prior to the first disbursement
under this section and annually thereafter not later than the
twenty-fifth day of January, until the wireless 9-1-1 government
assistance fund is depleted, the (1) Determine, for a county that has adopted a final plan
under (2) Determine each county's proportionate share of the wireless 9-1-1 government assistance fund for the ensuing calendar year on the basis set forth in division (B) of this section; estimate the ensuing calendar year's fund balance; compute each such county's estimated proceeds for the ensuing calendar year based on its proportionate share and the estimated fund balance; and certify such amount of proceeds to the county auditor of each such county. (B) (1) The number of wireless telephone numbers determined for
the county by the (2) The total number of wireless telephone numbers assigned to subscribers who have billing addresses within this state. To the extent that the fund balance permits, the disbursements to each county shall total at least ninety thousand dollars annually. (C)(1) Each county that has not adopted a final plan for the
provision of wireless enhanced 9-1-1 under (2) For each county described in division (C)(1) of this
section, the (D) Immediately upon receipt by a county treasurer of a disbursement under division (B) or (C) of this section, the county shall disburse, in accordance with the allocation formula set forth in the final plan, the amount the county so received to any other subdivisions in the county and any regional councils of governments in the county that pay the costs of a public safety answering point providing wireless enhanced 9-1-1 under the plan. (E) Nothing in (F) On and after July 1, 2013, disbursements made by the tax commissioner under this section shall remain at the level disbursed in 2012. After the disbursements are made, the balances of the remittances in the wireless 9-1-1 government assistance fund shall be deposited in the next generation 9-1-1 fund. Sec. 4931.65 5507.57. Except as otherwise provided in
section
(A) A countywide 9-1-1 system receiving a disbursement under
section (1) Any costs of designing, upgrading, purchasing, leasing,
programming, installing, testing, or maintaining the necessary
data, hardware, software, and trunking required for the public
safety answering point or points of the 9-1-1 system to provide
wireless enhanced 9-1-1, which costs are incurred before or on or
after May 6, 2005, and consist of such additional costs of the
9-1-1 system over and above any costs incurred to provide wireline
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually,
up to twenty-five thousand dollars of the disbursements received
on or after January 1, 2009, may be applied to data, hardware, and
software that automatically alerts personnel receiving a 9-1-1
call that a person at the subscriber's address or telephone number
may have a mental or physical disability, of which that personnel
shall inform the appropriate emergency service provider. On or
after the provision of technical and operational standards
pursuant to division (D)(1) of section (2) Any costs of training the staff of the public safety answering point or points to provide wireless enhanced 9-1-1, which costs are incurred before or on or after May 6, 2005. (B) (C) After receiving its (D) The costs described in divisions (A), (B), (E) No disbursement to a countywide 9-1-1 system for costs of a public safety answering point shall be made from the wireless 9-1-1 government assistance fund or the next generation 9-1-1 fund unless the public safety answering point meets the standards set by rule of the statewide emergency services internet protocol network steering committee under section 5507.02 of the Revised Code. (F) The auditor of state may audit and review each county's expenditures of funds received from the wireless 9-1-1 government assistance fund to verify that the funds were used in accordance with the requirements of this chapter. Sec. 4931.651 5507.571. (1) For the period beginning on March 1, 2009, and ending on December 31, 2015, a countywide 9-1-1 system may use disbursements for not more than five public safety answering points per calendar year. (2) Except as provided in division (B) of this section: (a) For the period beginning on January 1, 2016, and ending on December 31, 2017, a countywide 9-1-1 system may use disbursements for not more than four public safety answering points per calendar year. (b) For the period beginning on January 1, 2018, and thereafter a countywide 9-1-1 system may use disbursements for not more than three public safety answering points per calendar year. (B) If within a county there is a municipal corporation with a population of over 175,000 according to the most recent federal decennial census, that county may use disbursements for one public safety answering point in addition to the number of public safety answering points allowed under division (A)(2) of this section. (C) If a county exceeds the allowable number of public safety answering points under this section, disbursements to countywide 9-1-1 systems made to the county from the wireless 9-1-1 government assistance fund and the next generation 9-1-1 fund shall be reduced by fifty per cent until the county complies with the public safety answering point limitations established under this section. Sec. 4931.66 5507.60. (A)(1) A telephone company, the state
highway patrol as described in division (J) of section (2) A wireless service provider shall provide an official,
employee, agent, or representative of a subdivision or regional
council of governments operating a public safety answering point,
or of the state highway patrol as described in division (J) of
section (3) A subdivision or regional council of governments
operating one or more public safety answering points of a 9-1-1
system, and a telephone company, shall provide to the Ohio 9-1-1
council such information as the council requires for the purpose
of carrying out its duties under division (D) of section (B)(1) Any information provided under division (A) of this section that consists of trade secrets as defined in section 1333.61 of the Revised Code or of information regarding the customers, revenues, expenses, or network information of a telephone company shall be confidential and does not constitute a public record for the purpose of section 149.43 of the Revised Code. (2) The Sec. 4931.67 5507.63. The Sec. 4931.68 5507.65. (A) There is hereby created the Ohio
9-1-1 council, consisting of eleven members as follows: the Initial appointments shall be made not later than thirty days
after (B) The term of the initial appointee to the council representing public safety communications officials and the terms of one of the initial appointees representing wireline service providers and one representing wireless service providers shall expire on January 31, 2007. The term of the initial appointee to the council representing administrators of 9-1-1 service and the terms of another one of the initial appointees representing wireline service providers and another representing wireless service providers shall expire on January 31, 2008. The term of the initial appointee to the council representing countywide 9-1-1 systems and the terms of another one of the initial appointees representing wireline service providers and another representing wireless service providers shall expire on January 31, 2009. Thereafter, terms of appointed members shall be for three years, with each term ending on the same day of the same month as the term it succeeds. Each council member shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office after the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first. Appointed members shall serve without compensation and shall not be reimbursed for expenses. (C) The council shall select a chairperson from among the
appointed members. Each member shall have one vote in all
deliberations of the council (D) The duties of the council shall consist of (1) Arbitrating or establishing relative to 9-1-1 systems in this state nondiscriminatory, competitively neutral, and uniform technical and operational standards consistent with recognized industry standards and federal law. This authority does not include authority to prescribe the technology that a telephone company or reseller uses to deliver 9-1-1 calls. (2) Including for the purpose of (3) Regarding the position of Ohio 9-1-1 coordinator,
submitting names of nominees and recommended duties as authorized
under section (E) The council is not an agency, as defined in section 101.82 of the Revised Code, for purposes of sections 101.82 to 101.87 of the Revised Code. Sec. 4931.69 5507.66. (A) There is hereby created the wireless 9-1-1 advisory board, consisting of the Ohio 9-1-1 council appointee that represents public safety communications officials and five members appointed by the governor as follows: one of the council appointees that represents wireless service providers in this state, whose council term expires after the council term of the council appointee representing public safety communications officials, one noncouncil representative of wireless service providers in this state, one noncouncil representative of public safety communications officials in this state, and two noncouncil representatives of municipal and county governments in this state. (B) The terms of the advisory board members who are also
council members shall be concurrent with their terms as members of
the council, as prescribed under division (B) of section (C) The (D)
(E) The advisory board is not an agency, as defined in section 101.82 of the Revised Code, for purposes of sections 101.82 to 101.87 of the Revised Code. Sec. 4931.99 5507.99. (A) Whoever violates division (B)
Sec. 5705.19. This section does not apply to school districts or county school financing districts. The taxing authority of any subdivision at any time and in any year, by vote of two-thirds of all the members of the taxing authority, may declare by resolution and certify the resolution to the board of elections not less than ninety days before the election upon which it will be voted that the amount of taxes that may be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the subdivision and that it is necessary to levy a tax in excess of that limitation for any of the following purposes: (A) For current expenses of the subdivision, except that the total levy for current expenses of a detention facility district or district organized under section 2151.65 of the Revised Code shall not exceed two mills and that the total levy for current expenses of a combined district organized under sections 2151.65 and 2152.41 of the Revised Code shall not exceed four mills; (B) For the payment of debt charges on certain described bonds, notes, or certificates of indebtedness of the subdivision issued subsequent to January 1, 1925; (C) For the debt charges on all bonds, notes, and certificates of indebtedness issued and authorized to be issued prior to January 1, 1925; (D) For a public library of, or supported by, the subdivision under whatever law organized or authorized to be supported; (E) For a municipal university, not to exceed two mills over the limitation of one mill prescribed in section 3349.13 of the Revised Code; (F) For the construction or acquisition of any specific permanent improvement or class of improvements that the taxing authority of the subdivision may include in a single bond issue; (G) For the general construction, reconstruction, resurfacing, and repair of streets, roads, and bridges in municipal corporations, counties, or townships; (H) For parks and recreational purposes; (I) For the purpose of providing and maintaining fire apparatus, appliances, buildings, or sites therefor, or sources of water supply and materials therefor, or the establishment and maintenance of lines of fire alarm telegraph, or the payment of firefighting companies or permanent, part-time, or volunteer firefighting, emergency medical service, administrative, or communications personnel to operate the same, including the payment of any employer contributions required for such personnel under section 145.48 or 742.34 of the Revised Code, or the purchase of ambulance equipment, or the provision of ambulance, paramedic, or other emergency medical services operated by a fire department or firefighting company; (J) For the purpose of providing and maintaining motor vehicles, communications, other equipment, buildings, and sites for such buildings used directly in the operation of a police department, or the payment of salaries of permanent or part-time police, communications, or administrative personnel to operate the same, including the payment of any employer contributions required for such personnel under section 145.48 or 742.33 of the Revised Code, or the payment of the costs incurred by townships as a result of contracts made with other political subdivisions in order to obtain police protection, or the provision of ambulance or emergency medical services operated by a police department; (K) For the maintenance and operation of a county home or detention facility; (L) For community mental retardation and developmental disabilities programs and services pursuant to Chapter 5126. of the Revised Code, except that the procedure for such levies shall be as provided in section 5705.222 of the Revised Code; (M) For regional planning; (N) For a county's share of the cost of maintaining and operating schools, district detention facilities, forestry camps, or other facilities, or any combination thereof, established under section 2151.65 or 2152.41 of the Revised Code or both of those sections; (O) For providing for flood defense, providing and maintaining a flood wall or pumps, and other purposes to prevent floods; (P) For maintaining and operating sewage disposal plants and facilities; (Q) For the purpose of purchasing, acquiring, constructing, enlarging, improving, equipping, repairing, maintaining, or operating, or any combination of the foregoing, a county transit system pursuant to sections 306.01 to 306.13 of the Revised Code, or of making any payment to a board of county commissioners operating a transit system or a county transit board pursuant to section 306.06 of the Revised Code; (R) For the subdivision's share of the cost of acquiring or constructing any schools, forestry camps, detention facilities, or other facilities, or any combination thereof, under section 2151.65 or 2152.41 of the Revised Code or both of those sections; (S) For the prevention, control, and abatement of air pollution; (T) For maintaining and operating cemeteries; (U) For providing ambulance service, emergency medical service, or both; (V) For providing for the collection and disposal of garbage or refuse, including yard waste; (W) For the payment of the police officer employers' contribution or the firefighter employers' contribution required under sections 742.33 and 742.34 of the Revised Code; (X) For the construction and maintenance of a drainage improvement pursuant to section 6131.52 of the Revised Code; (Y) For providing or maintaining senior citizens services or facilities as authorized by section 307.694, 307.85, 505.70, or 505.706 or division (EE) of section 717.01 of the Revised Code; (Z) For the provision and maintenance of zoological park services and facilities as authorized under section 307.76 of the Revised Code; (AA) For the maintenance and operation of a free public museum of art, science, or history; (BB) For the establishment and operation of a 9-1-1 system,
as defined in section (CC) For the purpose of acquiring, rehabilitating, or developing rail property or rail service. As used in this division, "rail property" and "rail service" have the same meanings as in section 4981.01 of the Revised Code. This division applies only to a county, township, or municipal corporation. (DD) For the purpose of acquiring property for, constructing, operating, and maintaining community centers as provided for in section 755.16 of the Revised Code; (EE) For the creation and operation of an office or joint office of economic development, for any economic development purpose of the office, and to otherwise provide for the establishment and operation of a program of economic development pursuant to sections 307.07 and 307.64 of the Revised Code, or to the extent that the expenses of a county land reutilization corporation organized under Chapter 1724. of the Revised Code are found by the board of county commissioners to constitute the promotion of economic development, for the payment of such operations and expenses; (FF) For the purpose of acquiring, establishing, constructing, improving, equipping, maintaining, or operating, or any combination of the foregoing, a township airport, landing field, or other air navigation facility pursuant to section 505.15 of the Revised Code; (GG) For the payment of costs incurred by a township as a result of a contract made with a county pursuant to section 505.263 of the Revised Code in order to pay all or any part of the cost of constructing, maintaining, repairing, or operating a water supply improvement; (HH) For a board of township trustees to acquire, other than by appropriation, an ownership interest in land, water, or wetlands, or to restore or maintain land, water, or wetlands in which the board has an ownership interest, not for purposes of recreation, but for the purposes of protecting and preserving the natural, scenic, open, or wooded condition of the land, water, or wetlands against modification or encroachment resulting from occupation, development, or other use, which may be styled as protecting or preserving "greenspace" in the resolution, notice of election, or ballot form. Except as otherwise provided in this division, land is not acquired for purposes of recreation, even if the land is used for recreational purposes, so long as no building, structure, or fixture used for recreational purposes is permanently attached or affixed to the land. Except as otherwise provided in this division, land that previously has been acquired in a township for these greenspace purposes may subsequently be used for recreational purposes if the board of township trustees adopts a resolution approving that use and no building, structure, or fixture used for recreational purposes is permanently attached or affixed to the land. The authorization to use greenspace land for recreational use does not apply to land located in a township that had a population, at the time it passed its first greenspace levy, of more than thirty-eight thousand within a county that had a population, at that time, of at least eight hundred sixty thousand. (II) For the support by a county of a crime victim assistance program that is provided and maintained by a county agency or a private, nonprofit corporation or association under section 307.62 of the Revised Code; (JJ) For any or all of the purposes set forth in divisions (I) and (J) of this section. This division applies only to a township. (KK) For a countywide public safety communications system under section 307.63 of the Revised Code. This division applies only to counties. (LL) For the support by a county of criminal justice services under section 307.45 of the Revised Code; (MM) For the purpose of maintaining and operating a jail or other detention facility as defined in section 2921.01 of the Revised Code; (NN) For purchasing, maintaining, or improving, or any combination of the foregoing, real estate on which to hold agricultural fairs. This division applies only to a county. (OO) For constructing, rehabilitating, repairing, or maintaining sidewalks, walkways, trails, bicycle pathways, or similar improvements, or acquiring ownership interests in land necessary for the foregoing improvements; (PP) For both of the purposes set forth in divisions (G) and (OO) of this section. (QQ) For both of the purposes set forth in divisions (H) and (HH) of this section. This division applies only to a township. (RR) For the legislative authority of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township to acquire agricultural easements, as defined in section 5301.67 of the Revised Code, and to supervise and enforce the easements. (SS) For both of the purposes set forth in divisions (BB) and (KK) of this section. This division applies only to a county. (TT) For the maintenance and operation of a facility that is organized in whole or in part to promote the sciences and natural history under section 307.761 of the Revised Code. (UU) For the creation and operation of a county land reutilization corporation and for any programs or activities of the corporation found by the board of directors of the corporation to be consistent with the purposes for which the corporation is organized; (VV) For construction and maintenance of improvements and expenses of soil and water conservation district programs under Chapter 1515. of the Revised Code; (WW) For the Ohio cooperative extension service fund created under section 3335.35 of the Revised Code for the purposes prescribed under section 3335.36 of the Revised Code for the benefit of the citizens of a county. This division applies only to a county. (XX) For a municipal corporation that withdraws or proposes by resolution to withdraw from a regional transit authority under section 306.55 of the Revised Code to provide transportation services for the movement of persons within, from, or to the municipal corporation. The resolution shall be confined to the purpose or purposes described in one division of this section, to which the revenue derived therefrom shall be applied. The existence in any other division of this section of authority to levy a tax for any part or all of the same purpose or purposes does not preclude the use of such revenues for any part of the purpose or purposes of the division under which the resolution is adopted. The resolution shall specify the amount of the increase in rate that it is necessary to levy, the purpose of that increase in rate, and the number of years during which the increase in rate shall be in effect, which may or may not include a levy upon the duplicate of the current year. The number of years may be any number not exceeding five, except as follows: (1) When the additional rate is for the payment of debt charges, the increased rate shall be for the life of the indebtedness. (2) When the additional rate is for any of the following, the increased rate shall be for a continuing period of time: (a) For the current expenses for a detention facility district, a district organized under section 2151.65 of the Revised Code, or a combined district organized under sections 2151.65 and 2152.41 of the Revised Code; (b) For providing a county's share of the cost of maintaining and operating schools, district detention facilities, forestry camps, or other facilities, or any combination thereof, established under section 2151.65 or 2152.41 of the Revised Code or under both of those sections. (3) When the additional rate is for either of the following, the increased rate may be for a continuing period of time: (a) For the purposes set forth in division (I), (J), (U), or (KK) of this section; (b) For the maintenance and operation of a joint recreation district. (4) When the increase is for the purpose or purposes set forth in division (D), (G), (H), (CC), or (PP) of this section, the tax levy may be for any specified number of years or for a continuing period of time, as set forth in the resolution. (5) When the additional rate is for the purpose described in division (Z) of this section, the increased rate shall be for any number of years not exceeding ten. A levy for one of the purposes set forth in division (G), (I), (J), or (U) of this section may be reduced pursuant to section 5705.261 or 5705.31 of the Revised Code. A levy for one of the purposes set forth in division (G), (I), (J), or (U) of this section may also be terminated or permanently reduced by the taxing authority if it adopts a resolution stating that the continuance of the levy is unnecessary and the levy shall be terminated or that the millage is excessive and the levy shall be decreased by a designated amount. A resolution of a detention facility district, a district organized under section 2151.65 of the Revised Code, or a combined district organized under both sections 2151.65 and 2152.41 of the Revised Code may include both current expenses and other purposes, provided that the resolution shall apportion the annual rate of levy between the current expenses and the other purpose or purposes. The apportionment need not be the same for each year of the levy, but the respective portions of the rate actually levied each year for the current expenses and the other purpose or purposes shall be limited by the apportionment. Whenever a board of county commissioners, acting either as the taxing authority of its county or as the taxing authority of a sewer district or subdistrict created under Chapter 6117. of the Revised Code, by resolution declares it necessary to levy a tax in excess of the ten-mill limitation for the purpose of constructing, improving, or extending sewage disposal plants or sewage systems, the tax may be in effect for any number of years not exceeding twenty, and the proceeds of the tax, notwithstanding the general provisions of this section, may be used to pay debt charges on any obligations issued and outstanding on behalf of the subdivision for the purposes enumerated in this paragraph, provided that any such obligations have been specifically described in the resolution. A resolution adopted by the legislative authority of a municipal corporation that is for the purpose in division (XX) of this section may be combined with the purpose provided in section 306.55 of the Revised Code, by vote of two-thirds of all members of the legislative authority. The legislative authority may certify the resolution to the board of elections as a combined question. The question appearing on the ballot shall be as provided in section 5705.252 of the Revised Code. The resolution shall go into immediate effect upon its passage, and no publication of the resolution is necessary other than that provided for in the notice of election. When the electors of a subdivision or, in the case of a qualifying library levy for the support of a library association or private corporation, the electors of the association library district, have approved a tax levy under this section, the taxing authority of the subdivision may anticipate a fraction of the proceeds of the levy and issue anticipation notes in accordance with section 5705.191 or 5705.193 of the Revised Code. Sec. 5733.55. (A) As used in this section: (1) "9-1-1 system" has the same meaning as in section (2) "Nonrecurring 9-1-1 charges" means nonrecurring charges
approved by the (3) "Eligible nonrecurring 9-1-1 charges" means all nonrecurring 9-1-1 charges for a 9-1-1 system except both of the following: (a) Charges for a system that was not established pursuant to
a plan adopted under section (b) Charges for that part of a system established pursuant to
such a plan or agreement that are excluded from the credit by
division (C)(2) of section (4) "Telephone company" has the same meaning as in section 5727.01 of the Revised Code. (B) Beginning in tax year 2005, a telephone company shall be allowed a nonrefundable credit against the tax imposed by section 5733.06 of the Revised Code equal to the amount of its eligible nonrecurring 9-1-1 charges. The credit shall be claimed for the company's taxable year that covers the period in which the 9-1-1 service for which the credit is claimed becomes available for use. The credit shall be claimed in the order required by section 5733.98 of the Revised Code. If the credit exceeds the total taxes due under section 5733.06 of the Revised Code for the tax year, the tax commissioner shall credit the excess against taxes due under that section for succeeding tax years until the full amount of the credit is granted. (C) After the last day a return, with any extensions, may be filed by any telephone company that is eligible to claim a credit under this section, the commissioner shall determine whether the sum of the credits allowed for prior tax years commencing with tax year 2005 plus the sum of the credits claimed for the current tax year exceeds fifteen million dollars. If it does, the credits allowed under this section for the current tax year shall be reduced by a uniform percentage such that the sum of the credits allowed for the current tax year do not exceed fifteen million dollars claimed by all telephone companies for all tax years. Thereafter, no credit shall be granted under this section, except for the remaining portions of any credits allowed under division (B) of this section. (D) A telephone company that is entitled to carry forward a credit against its public utility excise tax liability under section 5727.39 of the Revised Code is entitled to carry forward any amount of that credit remaining after its last public utility excise tax payment for the period of July 1, 2003, through June 30, 2004, and claim that amount as a credit against its corporation franchise tax liability under this section. Nothing in this section authorizes a telephone company to claim a credit under this section for any eligible nonrecurring 9-1-1 charges for which it has already claimed a credit under this section or section 5727.39 of the Revised Code. SECTION 2. That existing sections 125.183, 167.03, 2307.64, 2913.01, 3745.13, 4742.01, 4905.30, 4927.03, 4927.15, 4931.40, 4931.41, 4931.42, 4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48, 4931.49, 4931.50, 4931.51, 4931.52, 4931.53, 4931.54, 4931.60, 4931.61, 4931.62, 4931.63, 4931.64, 4931.65, 4931.651, 4931.66, 4931.67, 4931.68, 4931.69, 4931.75, 4931.99, 5705.19, and 5733.55 and section 4931.70 of the Revised Code are hereby repealed. SECTION 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is to advance and ensure the provision of wireless enhanced 9-1-1 service in an efficient and effective manner, including by maintaining the wireless 9-1-1 charge, which would otherwise expire at the end of December 2012. Therefore, this act shall go into immediate effect. SECTION 4. Section 5705.19 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 487 and Am. S.B. 321 of the 129th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. |
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