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S. B. No. 255 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Seitz, Hite, Patton
A BILL
To amend sections 4927.03, 4927.15, 4931.40, 4931.41,
4931.44, 4931.49, 4931.50, 4931.60, 4931.61,
4931.62, 4931.63, 4931.64, 4931.65, 4931.66,
4931.67, 4931.69, and 4931.99, to enact sections
4931.611, 4931.621, and 4931.622, and to repeal
section 4931.70 of the Revised Code to revise the
amount and methods of collection and remittance of
the wireless 9-1-1 charge for prepaid wireless
services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4927.03, 4927.15, 4931.40, 4931.41,
4931.44, 4931.49, 4931.50, 4931.60, 4931.61, 4931.62, 4931.63,
4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and 4931.99 be
amended and sections 4931.611, 4931.621, and 4931.622 of the
Revised Code be enacted to read as follows:
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 commission
has no authority over any interconnected voice over internet
protocol-enabled service or any telecommunications service that is
not commercially available on the effective date of this section
September 13, 2010, and that employs technology that became
available for commercial use only after the effective date of this
section September 13, 2010, unless the commission, upon a finding
that the exercise of the commission's authority is necessary for
the protection, welfare, and safety of the public, adopts rules
specifying the necessary regulation. A consumer purchase of a
service that is not commercially available on the effective date
of this section September 13, 2010, and that employs technology
that became available for commercial use only after the effective
date of this section September 13, 2010, shall constitute a
consumer transaction for purposes of sections 1345.01 to 1345.13
of the Revised Code, notwithstanding any provision of those
sections to the contrary, unless the commission exercises
jurisdiction over the service in accordance with this division.
Notwithstanding any contrary provision of Chapter 4911. of the
Revised Code, to the extent that the commission adopts rules under
division (A) of this section regarding any interconnected voice
over internet protocol enabled service provided to residential
customers or regarding any telecommunications service that is
provided to residential customers, that is not commercially
available on the effective date of this section September 13,
2010, and that employs technology that became available for
commercial use only after the effective date of this section
September 13, 2010, the office of the consumers' counsel shall
have authority to assist and represent residential customers in
the implementation and enforcement of those rules.
(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 sections 4905.84, 4931.40 to 4931.70
4931.69, and 4931.99 of the Revised Code;
(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 the
effective date of this section September 13, 2010. Subject to the
authority granted to the commission under this chapter, the
commission may adopt other rules, including rules regarding the
removal from tariffs of services that were required to be filed in
tariffs prior to the effective date of this section September 13,
2010, as it finds necessary to carry out this chapter.
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 and, including, as to
9-1-1 service, sections 4931.40 to 4931.70 4931.69 and 4931.99 of
the Revised Code:
(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 the effective date of this section September
13, 2010, that reduction shall be on a revenue-neutral basis under
terms and conditions established by the public utilities
commission, and any resulting rate changes necessary to comply
with division (B) or (C) of this section shall be in addition to
any upward rate alteration made under section 4927.12 of the
Revised Code.
(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. 4931.40. As used in sections 4931.40 to 4931.70 4931.69
of the Revised Code:
(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 sections 4931.40 to 4931.70 4931.69 of the
Revised Code applies to paging or any service that cannot be used
to call 9-1-1.
(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 4931.44 of the Revised Code and, except as
otherwise expressly provided, an amended final plan adopted under
section 4931.45 of the Revised Code.
(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 4931.52
and 4931.53 of the Revised Code, "telephone company" means a
wireline service provider.
(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" means a sale that is for use or consumption
by the purchaser, and not for resale.
Sec. 4931.41. (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 public
utilities commission, and the commission shall determine whether
the wireline service provider is so capable. The committee shall
ascertain whether such disagreement exists before making its
implementation proposal under division (A) of section 4931.43 of
the Revised Code. The commission's determination shall be in the
form of an order. No final plan shall require a wireline service
provider to provide the wireline telephone network portion of a
9-1-1 system that the commission has determined the provider is
not reasonably capable of providing.
(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 and shall be operated constantly.
(2) A subdivision 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 for the cost of providing such
equipment, or its maintenance. A wireless service provider and a
subdivision 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 sections 4931.40 to 4931.70
4931.69 of the Revised Code.
(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 4931.51 of the Revised Code, each
subdivision served by a public safety answering point shall pay
the subdivision that operates the answering point the amount
computed in accordance with the allocation formula set forth in
the final plan.
(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 4931.48 of the
Revised Code, including customer premises equipment used to
provide wireless enhanced 9-1-1, are not subject to any
requirement of competitive bidding.
(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 public
utilities commission, which shall determine whether the wireline
service providers serving the territory covered by the plan are
capable of reasonably meeting the technical and economic
requirements of providing the wireline telephone network portion
of an enhanced 9-1-1 system. The determination shall be made
solely for purposes of division (C)(2) of section 4931.47 of the
Revised Code.
(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 sections 4931.40 to 4931.70
4931.69 of the Revised Code, or an agreement under section 4931.48
of the Revised Code, may provide that, by further agreement
included in the plan or agreement, the state highway patrol or one
or more public safety answering points of another 9-1-1 system is
the 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
9-1-1 system established under the plan or agreement. In that
event, the subdivision for which the wireline or wireless 9-1-1 is
provided as named in the agreement shall be deemed the subdivision
operating the public safety answering point or points for purposes
of sections 4931.40 to 4931.70 4931.69 of the Revised Code, except
that, for the purpose of division (D)(2) of this section, that
subdivision shall pay only so much of the costs of establishing,
equipping, furnishing, operating, or maintaining any such public
safety answering point as are specified in the agreement with the
patrol or other system.
(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. 4931.44. (A) Within sixty days after receipt of the
final plan pursuant to division (C) of section 4931.43 of the
Revised Code, the board of county commissioners of the county and
the legislative authority of each municipal corporation in the
county and of each township whose territory is proposed to be
included in a countywide 9-1-1 system shall act by resolution to
approve or disapprove the plan, except that, with respect to a
final plan that provides for funding of the 9-1-1 system in part
through charges imposed under section 4931.51 of the Revised Code,
the board of county commissioners shall not act by resolution to
approve or disapprove the plan until after a resolution adopted
under section 4931.51 of the Revised Code has become effective as
provided in division (D) of that section. A municipal corporation
or township whose territory is proposed to be included in the
system includes any municipal corporation or township in which a
part of its territory is excluded pursuant to division (A)(2) of
section 4931.41 of the Revised Code. Each such authority
immediately shall notify the board of county commissioners in
writing of its approval or disapproval of the final plan. Failure
by a board or legislative authority to notify the board of county
commissioners of approval or disapproval within such sixty-day
period shall be deemed disapproval by the board or authority.
(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 and
subdivisions included in the plan are subject to the specific
requirements of the plan and to sections 4931.40 to 4931.70
4931.69 of the Revised Code.
Sec. 4931.49. (A)(1) The state, the state highway patrol, or
a subdivision participating in a 9-1-1 system established under
sections 4931.40 to 4931.70 4931.69 of the Revised Code and any
officer, agent, employee, or independent contractor of the state,
the state highway patrol, or such a participating subdivision is
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
developing, adopting, or approving any final plan or any agreement
made under section 4931.48 of the Revised Code or otherwise
bringing into operation the 9-1-1 system pursuant to sections
4931.40 to 4931.70 4931.69 of the Revised Code.
(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 sections 4931.40 to 4931.70
4931.69 of the Revised Code.
(B) Except as otherwise provided in section 4765.49 of the
Revised Code, an individual who gives emergency instructions
through a 9-1-1 system established under sections 4931.40 to
4931.70 4931.69 of the Revised Code, and the principals for whom
the person acts, including both employers and independent
contractors, public and private, and an individual who follows
emergency instructions and the principals for whom that person
acts, including both employers and independent contractors, public
and private, are not liable in damages in a civil action for
injuries, death, or loss to persons or property arising from the
issuance or following of emergency instructions, except where the
issuance or following of the instructions constitutes willful or
wanton misconduct.
(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, whether that system is
established pursuant to sections 4931.40 to 4931.70 4931.69 of the
Revised Code or otherwise in accordance with schedules regarding
9-1-1 systems filed with the public utilities commission pursuant
to section 4905.30 of the Revised Code by a telephone company that
is a wireline service provider;
(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 (F)(G)(4) and (5) of this section.
(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 sections 4931.40 to 4931.70 4931.69
of the Revised Code to report an emergency if the person knows
that no emergency exists.
(E)(F) No person shall knowingly use a 9-1-1 system for a
purpose other than obtaining emergency service.
(F)(G) No person shall disclose or use any information
concerning telephone numbers, addresses, or names obtained from
the data base that serves the public safety answering point of a
9-1-1 system established under sections 4931.40 to 4931.70 4931.69
of the Revised Code, except for any of the following purposes or
under any of the following circumstances:
(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 public utilities commission.
(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 public utilities commission. The charge, terms,
and conditions for the disclosure or use of that information for
the purpose of access to a data base is subject to the
jurisdiction of the public utilities commission.
Sec. 4931.50. (A) The attorney general, upon request of the
public utilities commission or on the attorney general's own
initiative, shall begin proceedings against a telephone company
that is a wireline service provider to enforce compliance with
sections 4931.40 to 4931.70 4931.69 of the Revised Code or with
the terms, conditions, requirements, or specifications of a final
plan or of an agreement under section 4931.48 of the Revised Code
as to wireline or wireless 9-1-1.
(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 as to wireline or
wireless 9-1-1 to enforce compliance with sections 4931.40 to
4931.70 4931.69 of the Revised Code or with the terms, conditions,
requirements, or specifications of a final plan or of an agreement
under section 4931.48 of the Revised Code as to wireline or
wireless 9-1-1.
Sec. 4931.60. There is hereby created within the public
utilities commission the 9-1-1 service program, headed by an Ohio
9-1-1 coordinator in the unclassified civil service pursuant to
division (A)(9) of section 124.11 of the Revised Code. The
coordinator shall be appointed by and serve at the pleasure of the
commission chairperson and shall report directly to the
chairperson. Upon the effective date of this section On May 6,
2005, the chairperson shall appoint an interim coordinator and,
upon submission of a list of nominees by the Ohio 9-1-1 council
pursuant to section 4931.69 of the Revised Code, shall consider
those nominees in making the final appointment and in appointing
any subsequent coordinator. The chairperson may request the
council to submit additional nominees and may reject any of the
nominees. The chairperson shall fix the compensation of the
coordinator. The chairperson shall evaluate the performance of the
coordinator after considering the evaluation and recommendations
of the council under section 4931.68 of the Revised Code.
The Ohio 9-1-1 coordinator shall administer the wireless
9-1-1 government assistance fund as specified in sections 4931.63
and 4931.64 of the Revised Code and otherwise carry out the
coordinator's duties under sections 4931.60 to 4931.70 4931.69 of
the Revised Code. The chairperson may establish additional duties
of the coordinator based on a list of recommended duties submitted
by the Ohio 9-1-1 council pursuant to section 4931.68 of the
Revised Code. The chairperson may assign one or more commission
employees to assist the coordinator in carrying out the
coordinator's duties.
Sec. 4931.61. (A) Beginning on the first day of the third
month following May 6, 2005, and ending December 31, 2012, there
is hereby imposed, on each wireless telephone number of a wireless
service subscriber who has a billing address in this state, except
prepaid wireless telephone numbers, a wireless 9-1-1 charge of
twenty-eight cents per month. The subscriber shall pay the
wireless 9-1-1 charge for each such wireless telephone number
assigned to the subscriber. Each wireless service provider and
each reseller of wireless service shall collect the wireless 9-1-1
charge as a specific line item on each subscriber's monthly bill.
The line item shall be expressly designated "State/Local
Wireless-E911 Costs ($0.28/billed number)." If a provider bills a
subscriber for any wireless enhanced 9-1-1 costs that the provider
may incur, the charge or amount is not to appear in the same line
item as the state/local line item. If the charge or amount is to
appear in its own, separate line item on the bill, the charge or
amount shall be expressly designated "[Name of Provider] Federal
Wireless-E911 Costs." For any subscriber of prepaid wireless
service, a wireless service provider or reseller shall collect the
wireless 9-1-1 charge in any of the following manners:
(1) At the point of sale. For purposes of prepaid wireless
services, point of sale includes the purchasing of additional
minutes by the subscriber along with any necessary activation of
those minutes.
(2) If the subscriber has a positive account balance on the
last day of the month and has used the service during that month,
by reducing that balance not later than the end of the first week
of the following month by the amount of the charge or an
equivalent number of airtime minutes;
(3) By dividing the total earned prepaid wireless telephone
revenue from sales within this state received by the wireless
service provider or reseller during the month by fifty,
multiplying the quotient by twenty-eight cents, and remitting this
amount pursuant to division (A)(1) of section 4931.62 of the
Revised Code.
(B)(1) Beginning on the first day of the month following the
effective date of this section and ending December 31, 2012, 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 sixteen cents per line transaction.
(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)(a) Except as provided in division (B)(3)(b) 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 a receipt, invoice, or
similar form of written documentation.
(b) The seller of the prepaid wireless calling service may
elect to charge the consumer only the price of the prepaid
wireless calling service. In this case, the seller shall provide
the consumer at the time of the retail sale with written
documentation that the amount paid by the consumer for the
wireless calling service includes the wireless 9-1-1 charge
imposed under division (B)(1) of this section. The documentation
shall state the amount of the charge.
(c) Whether the seller of a prepaid wireless calling service
collects the wireless 9-1-1 charge under division (B)(3)(a) of
this section or elects the option provided under division
(B)(3)(b) of this section, the seller shall comply with the
appropriate remittance requirement under division (B)(1) of
section 4931.62 of the Revised Code.
(C) The wireless 9-1-1 charge charges shall be exempt from
state or local taxation.
Sec. 4931.611. The department of taxation shall provide
notice to all sellers of prepaid wireless calling services of any
increase or decrease in the wireless 9-1-1 charge imposed under
division (B)(1) of section 4931.61 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. (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 4931.61 of the Revised Code,
a wireless service provider or reseller of wireless service, not
later than the last day of each month, shall remit the full amount
of all such wireless 9-1-1 charges it collected for the second
preceding calendar month to the Ohio 9-1-1 coordinator, with the
exception of charges equivalent to the amount authorized as a
billing and collection fee under division (A)(2) of this section.
In doing so, the provider or reseller may remit the requisite
amount in any reasonable manner consistent with its existing
operating or technological capabilities, such as by customer
address, location associated with the wireless telephone number,
or another allocation method based on comparable, relevant data.
If the wireless service provider or reseller receives a partial
payment for a bill from a wireless service subscriber, the
wireless service provider or reseller shall apply the payment
first against the amount the subscriber owes the wireless service
provider or reseller and shall remit to the coordinator such
lesser amount, if any, as results from that invoice.
(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 coordinator for the amount retained.
(3) The coordinator shall return to, or credit against the
next month's remittance of, a wireless service provider or service
reseller the amount of any remittances the coordinator determines
were erroneously submitted by the provider or reseller.
(B)(1) Subject to division (B)(2) of this section:
(a) A seller of a prepaid wireless calling service that
collected prepaid wireless 9-1-1 charges under division (B)(3)(a)
of section 4931.61 of the Revised Code shall remit the full amount
of all such charges collected to the department of taxation in
accordance with section 4931.622 of the Revised Code. For purposes
of this division, a charge shall be deemed to have been collected
if it was itemized as required under division (B)(3)(a) of section
4931.61 of the Revised Code.
(b) A seller of a prepaid wireless calling service that
elected the option provided under division (B)(3)(b) of section
4931.61 of the Revised Code shall remit the full amount of all
wireless 9-1-1 charges due under division (B)(1) of that section
to the department of taxation in accordance with section 4931.622
of the Revised Code.
(2) A seller may retain as a collection fee three per cent of
the total wireless 9-1-1 charges described under either division
(B)(1)(a) or (b) of this section, and shall account to the
department for the amount retained.
(C)(1) Each subscriber on which a wireless 9-1-1 charge is
imposed under division (A) of section 4931.61 of the Revised Code
is liable to the state for the amount of the charge. If a wireless
service provider or reseller fails to collect the charge under
that division from a subscriber of prepaid wireless service, or
fails to bill any other subscriber for the charge imposed under
division (A) of section 4931.61 of the Revised Code, the wireless
service provider or reseller is liable to the state for the amount
not collected or billed. If a wireless service provider or
reseller collects charges under that division and fails to remit
the money to the coordinator, the wireless service provider or
reseller is liable to the state for any amount collected and not
remitted.
(C)(2) No provider of a prepaid wireless calling service
shall be liable to the state for any wireless 9-1-1 charge imposed
under division (B)(1) of section 4931.61 of the Revised Code that
was not collected or remitted.
(D)(1) If the public utilities commission has reason to
believe that a wireless service provider or reseller has failed to
bill, collect, or remit the wireless 9-1-1 charge as required by
divisions (A)(1) and (B)(C)(1) of this section or has retained
more than the amount authorized under division (A)(2) of this
section, and after written notice to the provider or reseller, the
commission may audit the provider or reseller for the sole purpose
of making such a determination. The audit may include, but is not
limited to, a sample of the provider's or reseller's billings,
collections, remittances, or retentions for a representative
period, and the commission shall make a good faith effort to reach
agreement with the provider or reseller in selecting that sample.
(2) Upon written notice to the wireless service provider or
reseller, the commission, by order after completion of the audit,
may make an assessment against the provider or reseller if,
pursuant to the audit, the commission determines that the provider
or reseller has failed to bill, collect, or remit the wireless
9-1-1 charge as required by divisions (A)(1) and (B)(C)(1) of this
section or has retained more than the amount authorized under
division (A)(2) of this section. The assessment shall be in the
amount of any remittance that was due and unpaid on the date
notice of the audit was sent by the commission to the provider or
reseller or, as applicable, in the amount of the excess amount
under division (A)(2) of this section retained by the provider or
reseller as of that date.
(3) The portion of any assessment not paid within sixty days
after the date of service by the commission of the assessment
notice under division (C)(D)(2) of this section shall bear
interest from that date until paid at the rate per annum
prescribed by section 5703.47 of the Revised Code. That interest
may be collected by making an assessment under division (C)(D)(2)
of this section. An assessment under this division and any
interest due shall be remitted in the same manner as the wireless
9-1-1 charge imposed under division (A) of section 4931.61 of the
Revised Code.
(4) An assessment is final and due and payable and shall be
remitted to the commission unless the assessed party petitions for
rehearing under section 4903.10 of the Revised Code. The
proceedings of the commission specified in division (C)(D)(4) of
this section are subject to and governed by Chapter 4903. of the
Revised Code, except that the court of appeals of Franklin county
has exclusive, original jurisdiction to review, modify, or vacate
an order of the commission under division (C)(D)(2) of this
section. The court shall hear and determine such appeal in the
same manner and under the same standards as the Ohio supreme court
hears and determines appeals under Chapter 4903. of the Revised
Code.
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 commission or the person to whom the order
under division (C)(D)(2) of this section was issued and shall
proceed as in the case of appeals in civil actions as provided in
Chapter 2505. of the Revised Code.
(5) After an assessment becomes final, if any portion of the
assessment remains unpaid, including accrued interest, a certified
copy of the commission's entry making the assessment final may be
filed in the office of the clerk of the court of common pleas in
the county in which the place of business of the assessed party is
located. If the party maintains no place of business in this
state, the certified copy of the entry may be filed in the office
of the clerk of the court of common pleas of Franklin county.
Immediately upon the filing, the clerk shall enter a judgment for
the state against the assessed party in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for wireless 9-1-1 charges" and shall
have the same effect as other judgments. The judgment shall be
executed upon the request of the commission.
(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
4931.61 of the Revised Code. If, after the date of service of the
audit notice under division (C)(D)(1) of this section, a
subscriber pays a wireless 9-1-1 charge for the period covered by
the assessment, the payment shall be credited against the
assessment.
(7) All money collected by the commission under this division
shall be paid to the treasurer of state, for deposit to the credit
of the wireless 9-1-1 government assistance fund.
Sec. 4931.621. (A) The department of taxation shall transfer
the total amount of remitted wireless 9-1-1 charges to the Ohio
9-1-1 coordinator, except for the amount authorized under division
(B) of this section, not later than thirty days after receipt of
the charges.
(B) The department may retain two per cent of remitted
wireless 9-1-1 charges as an administrative fee.
Sec. 4931.622. (A) A seller of a prepaid wireless calling
service subject to the remittance requirement of either division
(B)(1)(a) or (b) of section 4931.62 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 filing
returns, remittance, audits, assessments, appeals, enforcement,
liability, and penalties.
(B) The department of taxation shall establish procedures by
which a seller 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. (A) There is hereby created the wireless 9-1-1
administrative fund in the state treasury. A sufficient
percentage, determined by the chairperson of the public utilities
commission but not to exceed two per cent, of the periodic
remittances and transfers of the wireless 9-1-1 charge charges
under section sections 4931.62 and 4931.621 of the Revised Code
shall be deposited to the credit of the fund, to be used by the
commission to cover such nonpayroll costs and, at the discretion
of the commission such payroll costs, of the commission as are
incurred in assisting the coordinator in carrying out sections
4931.60 to 4931.70 4931.69 of the Revised Code and in conducting
audits under division (C)(D) of section 4931.62 of the Revised
Code. In addition, the compensation of the Ohio 9-1-1 coordinator,
and any expenses of the coordinator in carrying out those
sections, shall be paid from the 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 and transfers of the wireless 9-1-1 charge charges
remaining after the deposit required by division (A) of this
section shall be deposited to the credit of the wireless 9-1-1
government assistance 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 coordinator as authorized
under section 4931.64 of the Revised Code. Annually, until the
fund is depleted, the treasurer of state shall certify to the
coordinator the amount of moneys in the treasurer of state's
custody belonging to the fund.
Sec. 4931.64. (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 Ohio 9-1-1 coordinator shall do both of the
following for the purposes of division (B) of this section:
(1) Determine, for a county that has adopted a final plan
under sections 4931.40 to 4931.70 4931.69 of the Revised Code for
the provision of wireless enhanced 9-1-1 within the territory
covered by the countywide 9-1-1 system established under the plan,
the number of wireless telephone numbers assigned to wireless
service subscribers that have billing addresses within the county.
That number shall be adjusted between any two counties so that the
number of wireless telephone numbers assigned to wireless service
subscribers who have billing addresses within any portion of a
municipal corporation that territorially lies primarily in one of
the two counties but extends into the other county is added to the
number already determined for that primary county and subtracted
for the other county.
(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) The Ohio 9-1-1 coordinator, in accordance with this
division and not later than the last day of each month, shall
disburse the amount credited as remittances to the wireless 9-1-1
government assistance fund during the second preceding month, plus
any accrued interest on the fund. Such a disbursement shall be
paid to each county treasurer. The amount to be so disbursed
monthly to a particular county shall be a proportionate share of
the wireless 9-1-1 government assistance fund balance based on the
ratio between the following:
(1) The number of wireless telephone numbers determined for
the county by the coordinator pursuant to division (A) of this
section;
(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 sections 4931.40 to
4931.70 4931.69 of the Revised Code shall be deemed as having done
so for the purposes of making the determinations under divisions
(A)(1) and (2) of this section.
(2) For each county described in division (C)(1) of this
section, the coordinator shall retain in the wireless 9-1-1
government assistance fund an amount equal to what would otherwise
be paid as the county's disbursements under division (B) of this
section if it had adopted such a final plan, plus any related
accrued interest, to be set aside for that county. If the board of
county commissioners notifies the coordinator prior to January 1,
2010, that a final plan for the provision of wireless enhanced
9-1-1 has been adopted, the coordinator shall disburse and pay to
the county treasurer, not later than the last day of the month
following the month the notification is made, the total amount so
set aside for the county plus any related accrued interest. As of
January 1, 2010, any money and interest so retained and not
disbursed as authorized under this division shall be available for
disbursement only as provided in division (B) of this section.
(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 that pay the costs of a public
safety answering point providing wireless enhanced 9-1-1 under the
plan.
(E) Nothing in sections 4931.40 to 4931.70 4931.69 of the
Revised Code affects the authority of a subdivision operating or
served by a public safety answering point of a 9-1-1 system to
use, as provided in the final plan for the system or in an
agreement under section 4931.48 of the Revised Code, any other
authorized revenue of the subdivision for the purposes of
providing basic or enhanced 9-1-1.
Sec. 4931.65. Except as otherwise provided in section
4931.651 of the Revised Code:
(A) A countywide 9-1-1 system receiving a disbursement under
section 4931.64 of the Revised Code shall provide countywide
wireless enhanced 9-1-1 in accordance with sections 4931.40 to
4931.70 4931.69 of the Revised Code beginning as soon as
reasonably possible after receipt of the first disbursement or, if
that service is already implemented, shall continue to provide
such service. Except as provided in divisions (B) and (C) of this
section, a disbursement shall be used solely for the purpose of
paying either or both of the following:
(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 4931.68 of the Revised
Code, a subdivision shall consider the standards before incurring
any costs described in this division.
(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) Beginning one year following the imposition of the
wireless 9-1-1 charge under division (A) of section 4931.61 of the
Revised Code, a subdivision that certifies to the Ohio 9-1-1
coordinator that it has paid the costs described in divisions
(A)(1) and (2) of this section and is providing countywide
wireless enhanced 9-1-1 may use disbursements received under
section 4931.64 of the Revised Code to pay any of its personnel
costs of one or more public safety answering points providing
countywide wireless enhanced 9-1-1.
(C) After receiving its April 2013, disbursement under
section 4931.64 of the Revised Code, a subdivision may use any
remaining balance of disbursements it received under that section
to pay any of its costs of providing countywide wireless 9-1-1,
including the personnel costs of one or more public safety
answering points providing that service.
(D) The costs described in divisions (A), (B), and (C) of
this section may include any such costs payable pursuant to an
agreement under division (J) of section 4931.41 of the Revised
Code.
Sec. 4931.66. (A)(1) A telephone company, the state highway
patrol as described in division (J) of section 4931.41 of the
Revised Code, and each subdivision operating one or more public
safety answering points for a countywide system providing wireless
9-1-1, shall provide the Ohio 9-1-1 coordinator with such
information as the coordinator requests for the purposes of
carrying out the coordinator's duties under sections 4931.60 to
4931.70 4931.69 of the Revised Code, including, but not limited
to, duties regarding the collection of the wireless 9-1-1 charge
and regarding the provision of a report or recommendation under
section 4931.70 of the Revised Code charges.
(2) A wireless service provider shall provide an official,
employee, agent, or representative of a subdivision operating a
public safety answering point, or of the state highway patrol as
described in division (J) of section 4931.41 of the Revised Code,
with such technical, service, and location information as the
official, employee, agent, or representative requests for the
purpose of providing wireless 9-1-1.
(3) A subdivision 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 4931.68 of the Revised Code.
(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 public utilities commission, the Ohio 9-1-1
coordinator, and any official, employee, agent, or representative
of the commission, of the state highway patrol as described in
division (J) of section 4931.41 of the Revised Code, or of a
subdivision operating a public safety answering point, while
acting or claiming to act in the capacity of the commission or
coordinator or such official, employee, agent, or representative,
shall not disclose any information provided under division (A) of
this section regarding a telephone company's customers, revenues,
expenses, or network information. Nothing in division (B)(2) of
this section precludes any such information from being aggregated
and included in any report required under section 4931.70 or
division (D)(2) of section 4931.69 of the Revised Code, provided
the aggregated information does not identify the number of any
particular company's customers or the amount of its revenues or
expenses or identify a particular company as to any network
information.
Sec. 4931.67. The public utilities commission, after
consultation with the Ohio 9-1-1 coordinator, shall adopt rules in
accordance with Chapter 119. of the Revised Code to carry out
sections 4931.60 to 4931.70 4931.69 of the Revised Code, including
rules prescribing the necessary accounting for a wireless service
provider's or reseller's billing and collection fee under division
(A)(2) of section 4931.62 of the Revised Code and rules
establishing a fair and reasonable process for recommending the
amount of the wireless 9-1-1 charge as authorized under division
(B) of section 4931.70 of the Revised Code. The amount of the
wireless 9-1-1 charge shall be prescribed only by act of the
general assembly.
Sec. 4931.69. (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 4931.68
of the Revised Code. The terms of the initial noncouncil appointee
to the advisory board who represents wireless service providers
and of one of the initial noncouncil appointees who represents
municipal and county government shall expire on January 31, 2009.
The terms of the initial noncouncil appointee to the advisory
board representing public safety communications officials and of
the other initial noncouncil appointee representing municipal and
county government shall expire on January 31, 2010. Thereafter,
terms of the noncouncil appointees shall be for three years, with
each term ending on the same day of the same month as the term it
succeeds. The conditions of holding office, manner of filling
vacancies, and other matters concerning service by any member of
the advisory board shall be the same as set forth for council
members under division (B) of section 4931.68 of the Revised Code.
(C) The Ohio 9-1-1 coordinator shall appoint the chairperson
of the advisory board. Each member of the board shall be a voting
member and shall have one vote in all deliberations of the board.
A majority of the members constitutes a quorum.
(D)(1) The advisory board shall make a recommendation to the
coordinator regarding the amount of the wireless 9-1-1 charge to
be included in the report required by division (B) of section
4931.70 of the Revised Code and shall consult with the coordinator
regarding that report.
(2) The advisory board shall make recommendations to and
consult with the public utilities commission and the coordinator
regarding any rules to be adopted under section 4931.67 of the
Revised Code.
(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. (A) Whoever violates division (D)(E) of
section 4931.49 of the Revised Code is guilty of a misdemeanor of
the fourth degree.
(B) Whoever violates division (B) of section 4931.06 of the
Revised Code is guilty of a misdemeanor in the first degree.
(C) Whoever violates division (E)(F) or (F)(G) of section
4931.49 or division (B)(2) of section 4931.66 of the Revised Code
is guilty of a misdemeanor of the fourth degree on a first offense
and a felony of the fifth degree on each subsequent offense.
(D) Whoever violates section 4931.75 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.
Section 2. That existing sections 4927.03, 4927.15, 4931.40,
4931.41, 4931.44, 4931.49, 4931.50, 4931.60, 4931.61, 4931.62,
4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and 4931.99
and section 4931.70 of the Revised Code are hereby repealed.
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