Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) Whoever violates division (E) of section 128.32 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates division (F) or (G) of section 128.32 or division (B)(2) of section 128.60 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.
(C) If a wireless service provider, reseller, or seller violates division (B)(1)(a) of section 128.46 of the Revised Code, and does not comply with any extensions granted under division (B)(2) of that section, the tax commissioner may impose a late-filing penalty of not more than the greater of fifty dollars or five per cent of the amount required to be remitted as described in division (B)(1)(b) of that section.
(D) If a wireless service provider, reseller, or seller fails to comply with division (B)(1)(b) of section 128.46 of the Revised Code, the tax commissioner may impose a late-payment penalty of not more than the greater of fifty dollars or five per cent of the wireless 9-1-1 charge required to be remitted for the reporting period minus any partial remittance made on or before the due date, including any extensions granted under division (B)(2) of section 128.46 of the Revised Code.
(E) The tax commissioner may impose an assessment penalty of not more than the greater of one hundred dollars or thirty-five per cent of the wireless 9-1-1 charges due after the tax commissioner notifies the person of an audit, an examination, a delinquency, assessment, or other notice that additional wireless 9-1-1 charges are due.
(F) If a wireless service provider, reseller, or seller fails to comply with either electronic requirement of division (B)(5) of section 128.46 of the Revised Code, the tax commissioner may impose an electronic penalty, for either or both failures to comply, of not more than the lesser of the following:
(1) The greater of one hundred dollars or ten per cent of the amount required to be, but not, remitted electronically;
(2) Five thousand dollars.
(G) Each penalty described in divisions (C) to (F) of this section is in addition to any other penalty described in those divisions. The tax commissioner may abate all or any portion of any penalty described in those divisions.
Structure Ohio Revised Code
Chapter 128 | Emergency Telephone Number System
Section 128.02 | Statewide Emergency Services Internet Protocol Network Steering Committee.
Section 128.022 | Guidelines for Disbursements.
Section 128.03 | Countywide 9-1-1 System.
Section 128.06 | Planning Committee and Technical Advisory Committee.
Section 128.07 | Proposal to Implement System; Final Plan.
Section 128.08 | Resolution to Approve or Disapprove Plan.
Section 128.09 | Municipal Corporations or Townships Establishing Own System.
Section 128.12 | Amendment of Plan.
Section 128.15 | Deadline for Installation of 9-1-1 System.
Section 128.18 | Determining Rates and Charges.
Section 128.22 | Imposing Charges on Improved Realty to Pay for Public Safety Answering Points.
Section 128.25 | Election on Adding Monthly Charge to Telephone Bills to Fund 9-1-1 System.
Section 128.26 | Election on Monthly Charge on Telephone Access Lines to Fund Certain Systems.
Section 128.27 | Billing and Collection of Charges.
Section 128.32 | Immunity; Prohibited Conduct.
Section 128.34 | Proceedings to Enforce Compliance.
Section 128.40 | 9-1-1 Program Office.
Section 128.42 | Wireless 9-1-1 Charge Imposed on Subscribers.
Section 128.44 | Notice of Changes to Wireless 9-1-1 Charges.
Section 128.45 | Recordkeeping.
Section 128.461 | Interest on Remitted Charges.
Section 128.462 | Limitations on Assessments.
Section 128.52 | Sales Subject to Taxes on Retail Sales.
Section 128.55 | Disbursement of Government Assistance Fund Monies.
Section 128.57 | County Systems Receiving Disbursements to Provide Wireless 9-1-1 Service.
Section 128.571 | Limitation on Use of Rc 128.57 Payments.
Section 128.60 | Service Providers to Supply Information; Confidentiality.
Section 128.63 | Adoption of Rules; Charge Prescribed by General Assembly.