Bill Text: OH SB389 | 2011-2012 | 129th General Assembly | Introduced
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 and 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-11-21 - To Highways & Transportation [SB389 Detail]
Download: Ohio-2011-SB389-Introduced.html
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Senator Schaffer
| To enact section 4511.714 of the Revised Code to | 1 |
| prohibit the operation of a motor vehicle on or | 2 |
| onto any location that is temporarily covered by a | 3 |
| rise in water level and to impose on an offender a | 4 |
| financial sanction of up to $2,000 for the cost of | 5 |
| the person's rescue, payable to the person's | 6 |
| rescuer. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4511.714 of the Revised Code be | 8 |
| enacted to read as follows: | 9 |
| Sec. 4511.714. (A) No person shall operate a vehicle on or | 10 |
| onto a public street or highway that is temporarily covered by a | 11 |
| rise in water level, including groundwater or an overflow of | 12 |
| water, and that is clearly marked as being closed due to the rise | 13 |
| in water level. |
| (B) A person who is issued a citation for a | 14 |
| violation of division (A) of this section is not permitted to | 15 |
| enter a written plea of guilty and waive the person's right to | 16 |
| contest the citation in court, but instead must appear in person | 17 |
| in the proper court to answer the charge. | 18 |
| (C)(1) Whoever violates division (A) of this section is | 19 |
| guilty of a minor misdemeanor. | 20 |
| (2) In addition to the financial sanctions authorized or | 21 |
| required under section 2929.28 of the Revised Code and to any | 22 |
| costs otherwise authorized or required under any provision of law, | 23 |
| the court imposing sentence upon an offender who is convicted of | 24 |
| or pleads guilty to a violation of division (A) of this section | 25 |
| shall order the offender to reimburse one or more rescuers for the | 26 |
| cost any such rescuer incurred in rescuing the person, excluding | 27 |
| any cost of transporting the rescued person to a hospital or other | 28 |
| facility for treatment of injuries, up to a cumulative maximum of | 29 |
| two thousand dollars. If more than one rescuer was involved in the | 30 |
| emergency response, the court shall allocate the reimbursement | 31 |
| proportionately, according to the cost each rescuer incurred. A | 32 |
| financial sanction imposed under this section is a judgment in | 33 |
| favor of the rescuer and, subject to a determination of indigency | 34 |
| under division (B) of section 2929.28 of the Revised Code, a | 35 |
| rescuer may collect the financial sanction in the same manner as | 36 |
| provided in section 2929.28 of the Revised Code. | 37 |
| (D) As used in this section: | 38 |
| (1) "Emergency medical service organization," "firefighting | 39 |
| agency," and "private fire company" have the same meanings as in | 40 |
| section 9.60 of the Revised Code. | 41 |
| (2) "Rescuer" means a state agency, political subdivision, | 42 |
| firefighting agency, private fire company, or emergency medical | 43 |
| service organization. | 44 |
