As Passed by the Senate                       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-BATCHELDER-MOTTLEY-LUCAS-PRINGLE-       9            

      BOYD-SUTTON-BUCHY-ALLEN-BOGGS-OGG-HOUSEHOLDER-WHALEN-        10           

      ROBERTS-TERWILLEGER-MYERS-MEAD-MALLORY-WESTON-CATES-         11           

    GRENDELL-BRITTON-PATTON-LOGAN-JOLIVETTE-WACHTMANN-MOTTL-       12           

     BENDER-SULZER-HEALY-FORD-VERICH-WILSON-KRUPINSKI-SYKES-       13           

  GERBERRY-BEATTY-BRADY-METELSKY-HARTLEY-ROMAN-CORBIN-SALERNO-     14           

    SENATORS J. JOHNSON-HERINGTON-BLESSING-OELSLAGER-HOWARD-       15           

            WATTS-WHITE-B. JOHNSON-BLESSING-SHOEMAKER              16           


_________________________________________________________________   18           

                          A   B I L L                                           

             To amend section 3735.31 of the Revised Code to       20           

                authorize a metropolitan housing authority and a   21           

                political subdivision to enter into an  agreement  22           

                that permits housing authority police officers to  23           

                exercise police powers in specified areas of the   24           

                political  subdivision.                            25           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That section 3735.31 of the Revised Code be      29           

amended to read as follows:                                        30           

      Sec. 3735.31.  A metropolitan housing authority created      39           

under sections 3735.27 to 3735.50 of the Revised Code,             40           

constitutes a body corporate and politic.  To clear, plan, and     41           

rebuild slum areas within the district in which the authority is   42           

created, to provide safe and sanitary housing accommodations to    44           

families of low income within that district, or to accomplish any  45           

combination of the foregoing purposes, the authority may do any    46           

of the following:                                                               

      (A)  Sue and be sued; have a seal; have corporate            48           

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succession; receive grants from state, federal, or other           49           

governments, or from private sources; conduct investigations into  50           

housing and living conditions; enter any buildings or property in  51           

order to conduct its investigations; conduct examinations,         52           

subpoena, and require the attendance of witnesses and the          53           

production of books and papers; issue commissions for the          54           

examination of witnesses who are out of the state or unable to     55           

attend before the authority or excused from attendance; and in     56           

connection with these powers, any member of the authority may      57           

administer oaths, take affidavits, and issue subpoenas;            58           

      (B)  Determine what areas constitute slum areas, and         60           

prepare plans for housing projects in those areas; purchase,       61           

lease, sell, exchange, transfer, assign, or mortgage any           62           

property, real or personal, or any interest in that property, or   64           

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

clear, and improve property; provide and set aside housing         65           

projects, or dwelling units comprising portions of housing         66           

projects, designed especially for the use of families, the head    67           

of which or the spouse of which is sixty-five years of age or      68           

older; engage in, or contract for, the construction,               69           

reconstruction, alteration, or repair, or both, of any housing     70           

project or part of any housing project; include in any contract    72           

let in connection with a project, stipulations requiring that the  73           

contractor and any subcontractors comply with requirements as to   74           

minimum wages and maximum hours of labor, and comply with any      75           

conditions that the federal government has attached to its         76           

financial aid of the project; lease or operate, or both, any       77           

project, and establish or revise schedules of rents for any        78           

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

municipal corporations, or both, for the planning and replanning   79           

of streets, alleys, and other public places or facilities in       80           

connection with any area or project; borrow money upon its notes,  81           

debentures, or other evidences of indebtedness, and secure the     82           

same by mortgages upon property held or to be held by it, or by    83           

                                                          3      


                                                                 
pledge of its revenues, or in any other manner; invest any funds   84           

held in reserves or sinking funds or not required for immediate    85           

disbursements; execute contracts and all other instruments         86           

necessary or convenient to the exercise of the powers granted in   87           

this section; make, amend, and repeal bylaws and rules to carry    88           

into effect its powers and purposes;                               89           

      (C)  Borrow money or accept grants or other financial        91           

assistance from the federal government for or in aid of any        92           

housing project within its territorial limits; take over or lease  93           

or manage any housing project or undertaking constructed or owned  94           

by the federal government; comply with any conditions and enter    95           

into any mortgages, trust indentures, leases, or agreements that   97           

are necessary, convenient, or desirable;                                        

      (D)  Subject to section 3735.311 of the Revised Code,        99           

employ a police force to protect the lives and property of the     101          

residents of housing projects within the district, to preserve     102          

the peace in the housing projects, and to enforce the laws,        103          

ordinances, and regulations of this state and its political        104          

subdivisions in the housing projects and, when authorized by law,  105          

outside the limits of the housing projects.                                     

      (E)  ENTER INTO AN AGREEMENT WITH A COUNTY, MUNICIPAL        107          

CORPORATION, OR TOWNSHIP IN WHOSE JURISDICTION THE METROPOLITAN    108          

HOUSING AUTHORITY IS LOCATED THAT PERMITS METROPOLITAN HOUSING     109          

AUTHORITY POLICE OFFICERS EMPLOYED UNDER DIVISION (D) OF THIS      110          

SECTION TO EXERCISE FULL ARREST POWERS AS PROVIDED IN SECTION      111          

2935.03 OF THE REVISED CODE, PERFORM ANY POLICE FUNCTION,          112          

EXERCISE ANY POLICE POWER, OR RENDER ANY POLICE SERVICE WITHIN     113          

SPECIFIED AREAS OF THE COUNTY, MUNICIPAL CORPORATION, OR TOWNSHIP  114          

FOR THE PURPOSE OF PRESERVING THE PEACE AND ENFORCING ALL LAWS OF  115          

THE STATE, ORDINANCES OF THE MUNICIPAL CORPORATION, OR             116          

REGULATIONS OF THE TOWNSHIP.                                                    

      Section 2.  That existing section 3735.31 of the Revised     118          

Code is hereby repealed.                                           119