As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 596   5            

      1997-1998                                                    6            


    REPRESENTATIVES JAMES-MILLER-JONES-NETZLEY-TIBERI-OPFER-       8            

                     PRENTISS-TAVARES-JERSE                        8/1          


                                                                   11           

                           A   B I L L                                          

             To amend section 3735.31 of the Revised Code to       13           

                authorize a metropolitan housing authority and a   14           

                political subdivision to enter into an  agreement  15           

                that permits housing authority police officers to  16           

                exercise police powers in specified areas of the   17           

                political  subdivision.                            18           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That section 3735.31 of the Revised Code be      22           

amended to read as follows:                                        23           

      Sec. 3735.31.  A metropolitan housing authority created      32           

under sections 3735.27 to 3735.50 of the Revised Code,             33           

constitutes a body corporate and politic.  To clear, plan, and     34           

rebuild slum areas within the district in which the authority is   35           

created, to provide safe and sanitary housing accommodations to    37           

families of low income within that district, or to accomplish any  38           

combination of the foregoing purposes, the authority may do any    39           

of the following:                                                               

      (A)  Sue and be sued; have a seal; have corporate            41           

succession; receive grants from state, federal, or other           42           

governments, or from private sources; conduct investigations into  43           

housing and living conditions; enter any buildings or property in  44           

order to conduct its investigations; conduct examinations,         45           

subpoena, and require the attendance of witnesses and the          46           

production of books and papers; issue commissions for the          47           

examination of witnesses who are out of the state or unable to     48           

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attend before the authority or excused from attendance; and in     49           

connection with these powers, any member of the authority may      50           

administer oaths, take affidavits, and issue subpoenas;            51           

      (B)  Determine what areas constitute slum areas, and         53           

prepare plans for housing projects in those areas; purchase,       54           

lease, sell, exchange, transfer, assign, or mortgage any           55           

property, real or personal, or any interest in that property, or   57           

acquire the same by gift, bequest, or eminent domain; own, hold,                

clear, and improve property; provide and set aside housing         58           

projects, or dwelling units comprising portions of housing         59           

projects, designed especially for the use of families, the head    60           

of which or the spouse of which is sixty-five years of age or      61           

older; engage in, or contract for, the construction,               62           

reconstruction, alteration, or repair, or both, of any housing     63           

project or part of any housing project; include in any contract    65           

let in connection with a project, stipulations requiring that the  66           

contractor and any subcontractors comply with requirements as to   67           

minimum wages and maximum hours of labor, and comply with any      68           

conditions that the federal government has attached to its         69           

financial aid of the project; lease or operate, or both, any       70           

project, and establish or revise schedules of rents for any        71           

projects or part of any project; arrange with the county or                     

municipal corporations, or both, for the planning and replanning   72           

of streets, alleys, and other public places or facilities in       73           

connection with any area or project; borrow money upon its notes,  74           

debentures, or other evidences of indebtedness, and secure the     75           

same by mortgages upon property held or to be held by it, or by    76           

pledge of its revenues, or in any other manner; invest any funds   77           

held in reserves or sinking funds or not required for immediate    78           

disbursements; execute contracts and all other instruments         79           

necessary or convenient to the exercise of the powers granted in   80           

this section; make, amend, and repeal bylaws and rules to carry    81           

into effect its powers and purposes;                               82           

      (C)  Borrow money or accept grants or other financial        84           

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assistance from the federal government for or in aid of any        85           

housing project within its territorial limits; take over or lease  86           

or manage any housing project or undertaking constructed or owned  87           

by the federal government; comply with any conditions and enter    88           

into any mortgages, trust indentures, leases, or agreements that   90           

are necessary, convenient, or desirable;                                        

      (D)  Subject to section 3735.311 of the Revised Code,        92           

employ a police force to protect the lives and property of the     94           

residents of housing projects within the district, to preserve     95           

the peace in the housing projects, and to enforce the laws,        96           

ordinances, and regulations of this state and its political        97           

subdivisions in the housing projects and, when authorized by law,  98           

outside the limits of the housing projects.                                     

      (E)  ENTER INTO AN AGREEMENT WITH A COUNTY, MUNICIPAL        100          

CORPORATION, OR TOWNSHIP IN WHOSE JURISDICTION THE METROPOLITAN    101          

HOUSING AUTHORITY IS LOCATED THAT PERMITS METROPOLITAN HOUSING     102          

AUTHORITY POLICE OFFICERS EMPLOYED UNDER DIVISION (D) OF THIS      103          

SECTION TO EXERCISE FULL ARREST POWERS AS PROVIDED IN SECTION      104          

2935.03 OF THE REVISED CODE, PERFORM ANY POLICE FUNCTION,          105          

EXERCISE ANY POLICE POWER, OR RENDER ANY POLICE SERVICE WITHIN     106          

SPECIFIED AREAS OF THE COUNTY, MUNICIPAL CORPORATION, OR TOWNSHIP  107          

FOR THE PURPOSE OF PRESERVING THE PEACE AND ENFORCING ALL LAWS OF  108          

THE STATE, ORDINANCES OF THE MUNICIPAL CORPORATION, OR             109          

REGULATIONS OF THE TOWNSHIP.                                                    

      Section 2.  That existing section 3735.31 of the Revised     111          

Code is hereby repealed.                                           112