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Bill Title: 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."
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Passed) 2014-12-19 - Governor' Action
[SB106 Detail]Download: Ohio-2013-SB106-Comm_Sub.html
As Reported by the Senate Transportation Committee
| 130th General Assembly | | Regular Session | | 2013-2014 |
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Cosponsor:
Senator Manning
A BILL
| To enact section 4511.714 of the Revised Code to | 1 |
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prohibit the operation of a motor vehicle on or | 2 |
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onto any location that is temporarily covered by a | 3 |
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rise in water level and to impose on an offender a | 4 |
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financial sanction of up to $2,000 for the cost of | 5 |
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the person's rescue, payable to the person's | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4511.714 of the Revised Code be | 8 |
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enacted to read as follows: | 9 |
| Sec. 4511.714. (A) No person shall operate a vehicle on or | 10 |
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onto a public street or highway that is temporarily covered by a | 11 |
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rise in water level, including groundwater or an overflow of | 12 |
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water, and that is clearly marked by a sign that specifies that | 13 |
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the road is closed due to the rise in water level and that any | 14 |
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person who uses the closed portion of the road may be fined up to | 15 |
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two thousand dollars. | 16 |
| (B) A person who is issued a citation for a violation of | 17 |
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division (A) of this section is not permitted to enter a written | 18 |
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plea of guilty and waive the person's right to contest the | 19 |
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citation in court, but instead must appear in person in the proper | 20 |
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court to answer the charge. | 21 |
| (C)(1) Whoever violates division (A) of this section is | 22 |
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guilty of a minor misdemeanor. | 23 |
| (2) In addition to the financial sanctions authorized or | 24 |
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required under section 2929.28 of the Revised Code and to any | 25 |
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costs otherwise authorized or required under any provision of law, | 26 |
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the court imposing the sentence upon an offender who is convicted | 27 |
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of or pleads guilty to a violation of division (A) of this section | 28 |
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shall order the offender to reimburse one or more rescuers for the | 29 |
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cost any such rescuer incurred in rescuing the person, excluding | 30 |
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any cost of transporting the rescued person to a hospital or other | 31 |
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facility for treatment of injuries, up to a cumulative maximum of | 32 |
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two thousand dollars. If more than one rescuer was involved in the | 33 |
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emergency response, the court shall allocate the reimbursement | 34 |
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proportionately, according to the cost each rescuer incurred. A | 35 |
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financial sanction imposed under this section is a judgment in | 36 |
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favor of the rescuer and, subject to a determination of indigency | 37 |
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under division (B) of section 2929.28 of the Revised Code, a | 38 |
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rescuer may collect the financial sanction in the same manner as | 39 |
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provided in section 2929.28 of the Revised Code. | 40 |
| (D) As used in this section: | 41 |
| (1) "Emergency medical service organization," "firefighting | 42 |
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agency," and "private fire company" have the same meanings as in | 43 |
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section 9.60 of the Revised Code. | 44 |
| (2) "Rescuer" means a state agency, political subdivision, | 45 |
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firefighting agency, private fire company, or emergency medical | 46 |
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service organization. | 47 |
