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Am. S. B. No. 106 As Passed by the HouseAs Passed by the House
|130th General Assembly|
Senators Manning, Jones, LaRose, Lehner
Representatives Damschroder, Ruhl, Redfern Speaker Batchelder
To enact section 4511.714 of the Revised Code to
prohibit the operation of a motor vehicle on or
onto any location that is temporarily covered by a
rise in water level, to impose on an offender a
financial sanction of up to $2,000 for the cost of
the person's rescue, payable to the person's
rescuer, and to designate this act the "Allan H.
Anderson, Jr. Act."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.714 of the Revised Code be
enacted to read as follows:
Sec. 4511.714. (A) No person shall operate a vehicle on or
onto a public street or highway that is temporarily covered by a
rise in water level, including groundwater or an overflow of
water, and that is clearly marked by a sign that specifies that
the road is closed due to the rise in water level and that any
person who uses the closed portion of the road may be fined up to
two thousand dollars.
(B) A person who is issued a citation for a violation of
division (A) of this section is not permitted to enter a written
plea of guilty and waive the person's right to contest the
citation in court, but instead must appear in person in the proper
court to answer the charge.
(C)(1) Whoever violates division (A) of this section is
guilty of a minor misdemeanor.
(2) In addition to the financial sanctions authorized or
required under section 2929.28 of the Revised Code and to any
costs otherwise authorized or required under any provision of law,
the court imposing the sentence upon an offender who is convicted
of or pleads guilty to a violation of division (A) of this section
shall order the offender to reimburse one or more rescuers for the
cost any such rescuer incurred in rescuing the person, excluding
any cost of transporting the rescued person to a hospital or other
facility for treatment of injuries, up to a cumulative maximum of
two thousand dollars. If more than one rescuer was involved in the
emergency response, the court shall allocate the reimbursement
proportionately, according to the cost each rescuer incurred. A
financial sanction imposed under this section is a judgment in
favor of the rescuer and, subject to a determination of indigency
under division (B) of section 2929.28 of the Revised Code, a
rescuer may collect the financial sanction in the same manner as
provided in section 2929.28 of the Revised Code.
(D) As used in this section:
(1) "Emergency medical service organization," "firefighting
agency," and "private fire company" have the same meanings as in
section 9.60 of the Revised Code.
(2) "Rescuer" means a state agency, political subdivision,
firefighting agency, private fire company, or emergency medical
Section 2. This act shall be known as the "Allan H. Anderson,