As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 137 5
1999-2000 6
SENATORS OELSLAGER-KEARNS-SPADA-FINGERHUT 8
_________________________________________________________________ 10
A B I L L
To amend sections 9.981, 109.71, 109.77, 109.78, 12
349.01, 2901.01, 2921.51, 2935.01, 2935.03, 14
4582.01, 4582.02, 4582.023, 4582.03, 4582.04,
4582.041, 4582.05, 4582.06, 4582.10, 4582.11, 15
4582.12, 4582.14, 4582.17, 4582.20, 4582.201, 16
4582.202, 4582.21, 4582.22, 4582.25, 4582.26,
4582.27, 4582.28, 4582.29, 4582.30, 4582.31, 18
4582.35, 4582.36, 4582.37, 4582.38, 4582.40,
4582.43, 4582.46, 4582.47, 4582.48, 4582.50, 19
4582.52, 4582.54, 4582.58, and 4582.99, to enact 20
sections 1724.11, 4582.091, and 4582.431, and to 21
repeal sections 4582.021, 4582.022, 4582.23, 22
4582.24, and 4582.56 of the Revised Code to 23
comprehensively revise the powers and duties of
port authorities, to enhance the ability of port 24
authorities and other political subdivisions to 25
cooperate in the accomplishment of mutual 26
objectives, to establish more consistency between
the statutes governing port authorities 27
established on or before July 9, 1982, and those 28
established after that date, and to make other 29
changes in the laws governing port authorities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 9.981, 109.71, 109.77, 109.78, 32
349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01, 4582.02, 34
4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06, 4582.10, 35
2
4582.11, 4582.12, 4582.14, 4582.17, 4582.20, 4582.201, 4582.202, 36
4582.21, 4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29, 38
4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.40,
4582.43, 4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 39
4582.58, and 4582.99 be amended and sections 1724.11, 4582.091, 40
and 4582.431 of the Revised Code be enacted to read as follows: 42
Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised 51
Code are applicable to bonds: 52
(1) The payment of the debt service on which is to be 54
provided for directly or indirectly by payments contracted to be 55
made in the bond proceedings by the absolute obligors, being 56
persons other than the issuer; and 57
(2) Which are authorized to be issued under sections 59
122.39 to 122.62, Chapter 165., 902., 3377., 3706., division (E) 60
(D) of section 4582.06, division (H) of section 4582.31, SECTION 62
4582.48, or Chapter 6121. or 6123. of the Revised Code, 64
notwithstanding other provisions therein. 65
(B) Sections 9.98 to 9.983 of the Revised Code are 67
applicable to bonds issued under Chapters 140., 152., 154., 175., 68
and 349. of the Revised Code, and to any bonds authorized under 69
laws which expressly make those sections applicable. 70
(C) Subject to division (A) of this section, the authority 72
provided in sections 9.98 to 9.983 of the Revised Code is 73
supplemental to and not in derogation of any similar authority 74
provided by, derived from, or implied by, any law, the Ohio 75
constitution CONSTITUTION, or any charter, resolution, or 77
ordinance, and no inference shall be drawn to negate the 78
authority thereunder by reason of the express provisions of 79
sections 9.98 to 9.983 of the Revised Code. 80
(D) Sections 9.98 to 9.983 of the Revised Code shall be 82
liberally construed to permit flexibility in the arrangements 83
therein provided to enhance the issuance of such bonds and 84
provide for terms most beneficial and satisfactory to the persons 85
which undertake to provide for their payment, security, and 86
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liquidity. 87
Sec. 109.71. There is hereby created in the office of the 96
attorney general the Ohio peace officer training commission. The 97
commission shall consist of nine members appointed by the 98
governor with the advice and consent of the senate and selected 99
as follows: one member representing the public; two members who 100
are incumbent sheriffs; two members who are incumbent chiefs of 101
police; one member from the bureau of criminal identification and 102
investigation; one member from the state highway patrol; one 103
member who is the special agent in charge of a field office of 104
the federal bureau of investigation in this state; and one member 105
from the department of education, trade and industrial education 107
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code: 109
(A) "Peace officer" means: 111
(1) A deputy sheriff, marshal, deputy marshal, member of 113
the organized police department of a township or municipal 114
corporation, member of a township police district or joint 115
township police district police force, member of a police force 116
employed by a metropolitan housing authority under division (D) 117
of section 3735.31 of the Revised Code, or township constable, 118
who is commissioned and employed as a peace officer by a 119
political subdivision of this state or by a metropolitan housing 120
authority, and whose primary duties are to preserve the peace, to 121
protect life and property, and to enforce the laws of this state, 122
ordinances of a municipal corporation, resolutions of a township, 123
or regulations of a board of county commissioners or board of 124
township trustees, or any such laws, ordinances, resolutions, or 125
regulations;
(2) A police officer who is employed by a railroad company 127
and appointed and commissioned by the governor pursuant to 128
sections 4973.17 to 4973.22 of the Revised Code; 129
(3) Employees of the department of taxation engaged in the 131
enforcement of Chapter 5743. of the Revised Code and designated 132
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by the tax commissioner for peace officer training for purposes 133
of the delegation of investigation powers under section 5743.45 134
of the Revised Code; 135
(4) An undercover drug agent; 137
(5) Liquor control investigators of the department of 139
public safety engaged in the enforcement of Chapters 4301. and 140
4303. of the Revised Code;
(6) An employee of the department of natural resources who 142
is a natural resources law enforcement staff officer designated 143
pursuant to section 1501.013, a park officer designated pursuant 144
to section 1541.10, a forest officer designated pursuant to 147
section 1503.29, a preserve officer designated pursuant to 148
section 1517.10, a wildlife officer designated pursuant to 149
section 1531.13, or a state watercraft officer designated 150
pursuant to section 1547.521 of the Revised Code; 151
(7) An employee of a park district who is designated 153
pursuant to section 511.232 or 1545.13 of the Revised Code; 154
(8) An employee of a conservancy district who is 156
designated pursuant to section 6101.75 of the Revised Code; 157
(9) A police officer who is employed by a hospital that 159
employs and maintains its own proprietary police department or 160
security department, and who is appointed and commissioned by the 161
governor pursuant to sections 4973.17 to 4973.22 of the Revised 162
Code; 163
(10) Ohio veterans' home police officers designated under 165
section 5907.02 of the Revised Code; 166
(11) A police officer who is employed by a qualified 168
nonprofit corporation police department pursuant to section 169
1702.80 of the Revised Code; 170
(12) A state university law enforcement officer appointed 172
under section 3345.04 of the Revised Code or a person serving as 173
a state university law enforcement officer on a permanent basis 174
on June 19, 1978, who has been awarded a certificate by the 175
executive director of the Ohio peace officer training council 176
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attesting to the person's satisfactory completion of an approved 177
state, county, municipal, or department of natural resources 178
peace officer basic training program;
(13) A special police officer employed by the department 180
of mental health pursuant to section 5119.14 of the Revised Code 181
or the department of mental retardation and developmental 182
disabilities pursuant to section 5123.13 of the Revised Code; 183
(14) A member of a campus police department appointed 185
under section 1713.50 of the Revised Code; 186
(15) A member of a police force employed by a regional 188
transit authority under division (Y) of section 306.35 of the 189
Revised Code;
(16) Food stamp trafficking agents of the department of 191
public safety designated under section 5502.14 of the Revised 193
Code;
(17) Investigators appointed by the auditor of state 195
pursuant to section 117.091 of the Revised Code and engaged in 196
the enforcement of Chapter 117. of the Revised Code; 197
(18) A special police officer designated by the 199
superintendent of the state highway patrol pursuant to section 200
5503.09 of the Revised Code or a person who was serving as a 201
special police officer pursuant to that section on a permanent 203
basis on October 21, 1997, and who has been awarded a certificate 205
by the executive director of the Ohio peace officer training 206
commission attesting to the person's satisfactory completion of 207
an approved state, county, municipal, or department of natural 208
resources peace officer basic training program; 209
(19) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 211
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE OR A PERSON 213
SERVING AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 214
ON A PERMANENT BASIS ON THE EFFECTIVE DATE OF THIS AMENDMENT WHO 215
HAS BEEN AWARDED A CERTIFICATE BY THE EXECUTIVE DIRECTOR OF THE 216
OHIO PEACE OFFICER TRAINING COUNCIL ATTESTING TO THE PERSON'S 217
SATISFACTORY COMPLETION OF AN APPROVED STATE, COUNTY, MUNICIPAL, 218
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OR DEPARTMENT OF NATURAL RESOURCES PEACE OFFICER BASIC TRAINING 219
PROGRAM. 220
(B) "Undercover drug agent" has the same meaning as in 222
division (B)(2) of section 109.79 of the Revised Code. 223
(C) "Crisis intervention training" means training in the 225
use of interpersonal and communication skills to most effectively 226
and sensitively interview victims of rape. 227
(D) "Missing children" has the same meaning as in section 229
2901.30 of the Revised Code. 230
Sec. 109.77. (A) As used in this section, "felony" has 240
the same meaning as in section 109.511 of the Revised Code. 241
(B)(1) Notwithstanding any general, special, or local law 244
or charter to the contrary, and except as otherwise provided in 245
this section, no person shall receive an original appointment on 246
a permanent basis as any of the following unless the person 247
previously has been awarded a certificate by the executive 248
director of the Ohio peace officer training commission attesting 249
to the person's satisfactory completion of an approved state, 250
county, municipal, or department of natural resources peace 251
officer basic training program:
(a) A peace officer of any county, township, municipal 253
corporation, regional transit authority, or metropolitan housing 254
authority;
(b) A natural resources law enforcement staff officer, 256
park officer, forest officer, preserve officer, wildlife officer, 258
or state watercraft officer of the department of natural 259
resources;
(c) An employee of a park district under section 511.232 261
or 1545.13 of the Revised Code; 262
(d) An employee of a conservancy district who is 264
designated pursuant to section 6101.75 of the Revised Code; 265
(e) A state university law enforcement officer; 267
(f) A special police officer employed by the department of 269
mental health pursuant to section 5119.14 of the Revised Code or 270
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the department of mental retardation and developmental 271
disabilities pursuant to section 5123.13 of the Revised Code; 272
(g) A food stamp trafficking agent of the department of 274
public safety designated under section 5502.14 of the Revised 275
Code;
(h) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 277
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 278
(2) Every person who is appointed on a temporary basis or 280
for a probationary term or on other than a permanent basis as any 281
of the following shall forfeit the appointed position unless the 283
person previously has completed satisfactorily or, within the 284
time prescribed by rules adopted by the attorney general pursuant 285
to section 109.74 of the Revised Code, satisfactorily completes a 286
state, county, municipal, or department of natural resources 287
peace officer basic training program for temporary or 288
probationary officers and is awarded a certificate by the 289
director attesting to the satisfactory completion of the program: 290
(a) A peace officer of any county, township, municipal 292
corporation, regional transit authority, or metropolitan housing 293
authority;
(b) A natural resources law enforcement staff officer, 295
park officer, forest officer, preserve officer, wildlife officer, 297
or state watercraft officer of the department of natural 298
resources;
(c) An employee of a park district under section 511.232 300
or 1545.13 of the Revised Code; 301
(d) An employee of a conservancy district who is 303
designated pursuant to section 6101.75 of the Revised Code; 304
(e) A special police officer employed by the department of 306
mental health pursuant to section 5119.14 of the Revised Code or 307
the department of mental retardation and developmental 308
disabilities pursuant to section 5123.13 of the Revised Code; 309
(f) A food stamp trafficking agent of the department of 311
public safety designated under section 5502.14 of the Revised 312
8
Code;
(g) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 314
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 315
(3) For purposes of division (B) of this section, a state, 317
county, municipal, or department of natural resources peace 318
officer basic training program, regardless of whether the program 319
is to be completed by peace officers appointed on a permanent or 320
temporary, probationary, or other nonpermanent basis, shall 321
include at least fifteen hours of training in the handling of the 322
offense of domestic violence, other types of domestic 323
violence-related offenses and incidents, and protection orders 324
and consent agreements issued or approved under section 2919.26 325
or 3113.31 of the Revised Code and at least six hours of crisis 326
intervention training. The requirement to complete fifteen hours 327
of training in the handling of the offense of domestic violence, 328
other types of domestic violence-related offenses and incidents, 329
and protection orders and consent agreements issued or approved 330
under section 2919.26 or 3113.31 of the Revised Code does not 331
apply to any person serving as a peace officer on March 27, 1979, 332
and the requirement to complete six hours of training in crisis 333
intervention does not apply to any person serving as a peace 334
officer on April 4, 1985. Any person who is serving as a peace 335
officer on April 4, 1985, who terminates that employment after 336
that date, and who subsequently is hired as a peace officer by 337
the same or another law enforcement agency shall complete the six 338
hours of training in crisis intervention within the time 339
prescribed by rules adopted by the attorney general pursuant to 340
section 109.742 of the Revised Code. No peace officer shall have 341
employment as a peace officer terminated and then be reinstated 342
with intent to circumvent this section. 343
(4) Division (B) of this section does not apply to any 345
person serving on a permanent basis on March 28, 1985, as a park 346
officer, forest officer, preserve officer, wildlife officer, or 347
state watercraft officer of the department of natural resources 348
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or as an employee of a park district under section 511.232 or 349
1545.13 of the Revised Code, to any person serving on a permanent 350
basis on March 6, 1986, as an employee of a conservancy district 351
designated pursuant to section 6101.75 of the Revised Code, to 352
any person serving on a permanent basis on January 10, 1991, as a 353
preserve officer of the department of natural resources, to any 355
person employed on a permanent basis on July 2, 1992, as a
special police officer by the department of mental health 357
pursuant to section 5119.14 of the Revised Code or by the 358
department of mental retardation and developmental disabilities 359
pursuant to section 5123.13 of the Revised Code, TO ANY PERSON 360
SERVING ON A PERMANENT BASIS ON THE EFFECTIVE DATE OF THIS 361
AMENDMENT AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT
AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, 362
or to any person serving on a permanent basis on June 19, 1978, 364
as a state university law enforcement officer pursuant to section 365
3345.04 of the Revised Code and who, immediately prior to June
19, 1978, was serving as a special police officer designated 367
under authority of that section.
(5) Division (B) of this section does not apply to any 369
person who is appointed as a regional transit authority police 370
officer pursuant to division (Y) of section 306.35 of the Revised 371
Code if, on or before July 1, 1996, the person has completed 372
satisfactorily an approved state, county, municipal, or 374
department of natural resources peace officer basic training 375
program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting 376
to the person's satisfactory completion of such an approved 377
program and if, on July 1, 1996, the person is performing peace 378
officer functions for a regional transit authority. 379
(C) No person, after September 20, 1984, shall receive an 381
original appointment on a permanent basis as a liquor control 382
investigator or food stamp trafficking agent of the department of 383
public safety, engaged in the enforcement of Chapters 4301. and 384
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4303. of the Revised Code, or as an Ohio veterans' home police 385
officer designated under section 5907.02 of the Revised Code 388
unless the person previously has been awarded a certificate by 389
the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of 390
an approved police officer basic training program. Every person 391
who is appointed on a temporary basis or for a probationary term 393
or on other than a permanent basis as a liquor control 394
investigator of the department of public safety, engaged in the 395
enforcement of Chapters 4301. and 4303. of the Revised Code, or 396
as an Ohio veterans' home police officer designated under section 397
5907.02 of the Revised Code shall forfeit that position unless 398
the person previously has completed satisfactorily or, within one 399
year from the time of appointment, satisfactorily completes an 401
approved police officer basic training program. 402
No person, beginning on October 29, 1995, shall receive an 405
original appointment on a permanent basis as a food stamp 406
trafficking agent of the department of public safety authorized 407
to enforce Chapter 5502. and sections 2913.46 and 5101.54 of the 409
Revised Code and engaged in the enforcement of laws and rules
described in section 5502.14 of the Revised Code unless the 410
person previously has been awarded a certificate by the executive 412
director of the Ohio peace officer training commission attesting 413
to the person's satisfactory completion of an approved police
officer basic training program. Every person who is appointed on 415
a temporary BASIS or for a probationary term or on other than a 416
permanent basis as a food stamp trafficking agent shall forfeit 417
that position unless the person previously has completed 418
satisfactorily, or within one year from the time of the 419
appointment satisfactorily completes, an approved police officer 420
basic training program. 421
(D) No bailiff or deputy bailiff of a court of record of 423
this state and no criminal investigator who is employed by the 424
state public defender shall carry a firearm, as defined in 425
11
section 2923.11 of the Revised Code, while on duty unless the 426
bailiff, deputy bailiff, or criminal investigator has done or 428
received one of the following:
(1) Has been awarded a certificate by the executive 430
director of the Ohio peace officer training commission, which 431
certificate attests to satisfactory completion of an approved 432
state, county, or municipal basic training program for bailiffs 433
and deputy bailiffs of courts of record and for criminal 434
investigators employed by the state public defender that has been 435
recommended by the Ohio peace officer training commission; 436
(2) Has successfully completed a firearms training program 439
approved by the Ohio peace officer training commission prior to 440
employment as a bailiff, deputy bailiff, or criminal 441
investigator;
(3) Prior to June 6, 1986, was authorized to carry a 444
firearm by the court that employed the bailiff or deputy bailiff 445
or, in the case of a criminal investigator, by the state public 447
defender and has received training in the use of firearms that 448
the Ohio peace officer training commission determines is 449
equivalent to the training that otherwise is required by division 450
(D) of this section. 451
(E)(1) Prior to awarding any certificate prescribed in 454
this section, the executive director of the Ohio peace officer 455
training commission shall request the person to whom the 456
certificate is to be awarded to disclose, and the person shall 457
disclose, any previous criminal conviction of or plea of guilty 458
of that person to a felony.
(2) Prior to the award by the executive director of the 461
commission of any certificate prescribed in this section, the 462
prospective employer of the person to whom the certificate is to 463
be awarded or the commander of the peace officer training school 464
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 466
records check on the person. Upon receipt of the request, the 467
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bureau promptly shall conduct a criminal history records check on 468
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 469
prospective employer or peace officer training school commander 470
that made the request. Upon receipt of the copy of the criminal 472
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 473
shall submit the copy to the executive director of the Ohio peace 475
officer training commission. The executive director shall not 476
award any certificate prescribed in this section unless the 477
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 478
awarded.
(3) The executive director of the commission shall not 480
award a certificate prescribed in this section to a person who 481
has been convicted of or has pleaded guilty to a felony or who 482
fails to disclose any previous criminal conviction of or plea of 483
guilty to a felony as required under division (E)(1) of this 484
section.
(4) The executive director of the commission shall revoke 486
the certificate awarded to a person as prescribed in this 487
section, and that person shall forfeit all of the benefits 488
derived from being certified as a peace officer under this 489
section, if the person, prior to the award of the certificate, 490
failed to disclose any previous criminal conviction of or plea of 491
guilty to a felony as required under division (E)(1) of this 493
section.
(F)(1) Regardless of whether the person has been awarded 495
the certificate or has been classified as a peace officer prior 496
to, on, or after the effective date of this amendment OCTOBER 16, 499
1996, the executive director of the Ohio peace officer training 500
commission shall revoke any certificate that has been awarded to 501
a person as prescribed in this section if the person does either 502
of the following:
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(a) Pleads guilty to a felony committed on or after 504
January 1, 1997. 505
(b) Pleads guilty to a misdemeanor committed on or after 508
January 1, 1997, pursuant to a negotiated plea agreement as 509
provided in division (D) of section 2929.29 of the Revised Code 510
in which the person agrees to surrender the certificate awarded 512
to the person under this section. 513
(2) The executive director of the commission shall suspend 515
any certificate that has been awarded to a person as prescribed 516
in this section if the person is convicted, after trial, of a 517
felony committed on or after January 1, 1997. The executive 519
director shall suspend the certificate pursuant to division 520
(F)(2) of this section pending the outcome of an appeal by the 521
person from that conviction to the highest court to which the 523
appeal is taken or until the expiration of the period in which an 524
appeal is required to be filed. If the person files an appeal 525
that results in that person's acquittal of the felony or 526
conviction of a misdemeanor, or in the dismissal of the felony 527
charge against that person, the executive director shall 528
reinstate the certificate awarded to the person under this 529
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 531
highest court to which the appeal is taken or if the person does 532
not file a timely appeal, the executive director shall revoke the 533
certificate awarded to the person under this section. 534
(G)(1) If a person is awarded a certificate under this 537
section and the certificate is revoked pursuant to division
(E)(4) or (F) of this section, the person shall not be eligible 539
to receive, at any time, a certificate attesting to the person's 540
satisfactory completion of a peace officer basic training 541
program.
(2) The revocation or suspension of a certificate under 543
division (E)(4) or (F) of this section shall be in accordance 544
with Chapter 119. of the Revised Code. 545
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(H)(1) A person who was employed as a peace officer of a 547
county, township, or municipal corporation of the state on 548
January 1, 1966, and who has completed at least sixteen years of 549
full-time active service as such a peace officer may receive an 550
original appointment on a permanent basis and serve as a peace 551
officer of a county, township, or municipal corporation, or as a 552
state university law enforcement officer, without complying with 553
the requirements of division (B) of this section. 554
(2) Any person who held an appointment as a state highway 556
trooper on January 1, 1966, may receive an original appointment 557
on a permanent basis and serve as a peace officer of a county, 558
township, or municipal corporation, or as a state university law 559
enforcement officer, without complying with the requirements of 560
division (B) of this section. 561
(I) No person who is appointed as a peace officer of a 563
county, township, or municipal corporation on or after April 9, 564
1985, shall serve as a peace officer of that county, township, or 565
municipal corporation unless the person has received training in 566
the handling of missing children and child abuse and neglect 567
cases from an approved state, county, township, or municipal 568
police officer basic training program or receives the training 569
within the time prescribed by rules adopted by the attorney 570
general pursuant to section 109.741 of the Revised Code. 571
(J) No part of any approved state, county, or municipal 573
basic training program for bailiffs and deputy bailiffs of courts 574
of record and no part of any approved state, county, or municipal 575
basic training program for criminal investigators employed by the 576
state public defender shall be used as credit toward the 577
completion by a peace officer of any part of the approved state, 578
county, or municipal peace officer basic training program that 579
the peace officer is required by this section to complete 580
satisfactorily. 581
(K) This section does not apply to any member of the 583
police department of a municipal corporation in an adjoining 584
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state serving in this state under a contract pursuant to section 585
737.04 of the Revised Code. 586
Sec. 109.78. (A) The executive director of the Ohio peace 596
officer training commission, on behalf of the commission and in 598
accordance with rules promulgated by the attorney general, shall 599
certify persons who have satisfactorily completed approved 600
training programs designed to qualify persons for positions as 601
special police, security guards, or persons otherwise privately 603
employed in a police capacity and issue appropriate certificates 604
to such persons. Application for approval of a training program 605
designed to qualify persons for such positions shall be made to 606
the commission. An application for approval shall be submitted 608
to the commission with a fee of one hundred twenty-five dollars, 610
which fee shall be refunded if the application is denied. Such 611
programs shall cover only duties and jurisdiction of such 612
security guards and special police privately employed in a police 614
capacity when such officers do not qualify for training under 615
section 109.71 of the Revised Code. A person attending an 616
approved basic training program administered by the state shall 617
pay to the agency administering the program the cost of the 618
person's participation in the program as determined by the 619
agency. A person attending an approved basic training program 620
administered by a county or municipal corporation shall pay the 621
cost of the person's participation in the program, as determined 623
by the administering subdivision, to the county or the municipal 624
corporation. A person who is issued a certificate for 625
satisfactory completion of an approved basic training program 626
shall pay to the commission a fee of fifteen dollars. A 627
duplicate of a lost, spoliated, or destroyed certificate may be 629
issued upon application and payment of a fee of fifteen dollars. 630
Such certificate or the completion of twenty years of active duty 631
as a peace officer shall satisfy the educational requirements for 632
appointment or commission as a special police officer or special 634
deputy of a political subdivision of this state. 635
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(B)(1) The executive director of the Ohio peace officer 637
training commission, on behalf of the commission and in 639
accordance with rules promulgated by the attorney general, shall 640
certify basic firearms training programs, and shall issue 641
certificates to class A, B, or C licensees or prospective class 642
A, B, or C licensees under Chapter 4749. of the Revised Code and 643
to registered or prospective employees of such class A, B, or C 644
licensees who have satisfactorily completed a basic firearms 645
training program of the type described in division (A)(1) of 646
section 4749.10 of the Revised Code. 647
Application for approval of a basic firearms training 649
program shall be made to the commission. An application shall be 651
submitted to the commission with a fee of one hundred dollars, 653
which fee shall be refunded if the application is denied. 654
A person who is issued a certificate for satisfactory 656
completion of an approved basic firearms training program shall 657
pay a fee of ten dollars to the commission. A duplicate of a 659
lost, spoliated, or destroyed certificate may be issued upon 660
application and payment of a fee of five dollars. 661
(2) The executive director, on behalf of the commission 663
and in accordance with rules promulgated by the attorney general, 665
also shall certify firearms requalification training programs and 666
instructors for the annual requalification of class A, B, or C 667
licensees under Chapter 4749. of the Revised Code and registered 668
or prospective employees of such class A, B, or C licensees who 669
are authorized to carry a firearm under section 4749.10 of the 670
Revised Code. Application for approval of a training program or 671
instructor for such purpose shall be made to the commission. 673
Such an application shall be submitted to the commission with a 675
fee of fifty dollars, which fee shall be refunded if the 676
application is denied. 677
(3) The executive director, upon request, also shall 679
review firearms training received within three years prior to 680
November 23, 1985, by any class A, B, or C licensee or 682
17
prospective class A, B, or C licensee, or by any registered of OR
prospective employee of any class A, B, or C licensee under 683
Chapter 4749. of the Revised Code to determine if the training 684
received is equivalent to a basic firearms training program that 685
includes twenty hours of handgun training and five hours of 686
training in the use of other firearms, if any other firearm is to 687
be used. If the executive director determines the training was 688
received within the three-year period and that it is equivalent 689
to such a program, the executive director shall issue written 690
evidence of approval of the equivalency training to the licensee 691
or employee. 692
(C) There is hereby established in the state treasury the 694
peace officer private security fund, which shall be used by the 695
Ohio peace officer training commission to administer the training 697
program to qualify persons for positions as special police, 699
security guards, or other private employment in a police 700
capacity, as described in division (A) of this section, and the 701
training program in basic firearms and the training program for 702
firearms requalification, both as described in division (B) of 703
this section. All fees paid to the commission by applicants for 705
approval of a training program designed to qualify persons for 706
such private police positions, basic firearms training program, 707
or a firearms requalification training program or instructor, as 708
required by division (A) or (B) of this section, by persons who 709
satisfactorily complete a private police training program or a 710
basic firearms training program, as required by division (A) or 711
(B) of this section, or by persons who satisfactorily requalify 712
in firearms use, as required by division (B)(2) of section 713
4749.10 of the Revised Code, shall be transmitted to the 714
treasurer of state for deposit in the fund. The fund shall be 715
used only for the purpose set forth in this division. 716
(D) No public or private educational institution, port 718
authority, or superintendent of the state highway patrol shall 719
employ a person as a special police officer, security guard, or 721
18
other position in which such person goes armed while on duty, who 723
has not received a certificate of having satisfactorily completed 724
an approved basic peace officer training program, unless the 725
person has completed twenty years of active duty as a peace 726
officer.
Sec. 349.01. As used in this chapter: 735
(A) "New community" means a community or an addition to an 737
existing community planned pursuant to this chapter so that it 738
includes facilities for the conduct of industrial, commercial, 739
residential, cultural, educational, and recreational activities, 740
and designed in accordance with planning concepts for the 741
placement of utility, open space, and other supportive 742
facilities. 743
(B) "New community development program" means a program 745
for the development of a new community characterized by 746
well-balanced and diversified land use patterns and which 747
includes land acquisition and land development, the acquisition, 748
construction, operation, and maintenance of community facilities, 750
and the provision of services authorized in sections 349.01 to 751
349.16 of the Revised Code. 752
(C) "New community district" means the area of land 754
described by the developer in the petition as set forth in 755
division (A) of section 349.03 of the Revised Code for 756
development as a new community and any lands added to such 757
district by amendment of the resolution establishing the 758
community authority. 759
(D) "New community authority" means a body corporate and 761
politic in this state, established pursuant to section 349.03 of 762
the Revised Code and governed by a board of trustees as provided 763
in section 349.04 of the Revised Code. 764
(E) "Developer" means any person, organized for carrying 766
out a new community development program and WHO owns or controls, 768
through leases of at least seventy-five years' duration, options, 769
or contracts to purchase, the land within a new community 770
19
district, or any municipality or, county which, OR PORT AUTHORITY 772
THAT owns the land within a new community district, or has the 773
ability to acquire such land, either by voluntary acquisition or 774
condemnation in order to eliminate slum, blighted, and 775
deteriorated or deteriorating areas and to prevent the recurrence 776
thereof.
(F) "Organizational board of commissioners" means, if the 778
new community district is located in only one county, the board 779
of county commissioners of such county; if located in more than 780
one county, a board consisting of the members of the board of 781
county commissioners of each of the counties in which the 782
district is located, provided that action of such board shall 783
require a majority vote of the members of each separate board of 784
county commissioners; or, if more than half of the new community 785
district is located within the boundaries of the most populous 786
municipal corporation of a county, the legislative authority of 787
the municipal corporation. 788
(G) "Land acquisition" means the acquisition of real 790
property and interests in real property as part of a new 791
community development program. 792
(H) "Land development" means the process of clearing and 794
grading land, making, installing, or constructing water 795
distribution systems, sewers, sewage collection systems, steam, 796
gas, and electric lines, roads, streets, curbs, gutters, 797
sidewalks, storm drainage facilities, and other installations or 798
work, whether within or without the new community district, and 799
the construction of community facilities. 800
(I) "Community facilities" means all real property, 802
buildings, structures, or other facilities, including related 803
fixtures, equipment, and furnishings, to be owned, operated, 804
financed, constructed, and maintained under this chapter, 805
including public, community, village, neighborhood, or town 806
buildings, centers and plazas, auditoriums, day care centers, 807
recreation halls, educational facilities, recreational 808
20
facilities, natural resource facilities, including parks and 809
other open space land, lakes and streams, cultural facilities, 810
community streets, pathway and bikeway systems, pedestrian 811
underpasses and overpasses, lighting facilities, design 812
amenities, or other community facilities, and buildings needed in 813
connection with water supply or sewage disposal installations or 814
steam, gas, or electric lines or installation. 815
(J) "Cost" as applied to a new community development 817
program means all costs related to land acquisition and land 818
development, the acquisition, construction, maintenance, and 819
operation of community facilities and offices of the community 820
authority, and of providing furnishings and equipment therefor, 821
financing charges including interest prior to and during 822
construction and for the duration of the new community 823
development program, planning expenses, engineering expenses, 824
administrative expenses including working capital, and all other 825
expenses necessary and incident to the carrying forward of the 826
new community development program. 827
(K) "Income source" means any and all sources of income to 829
the community authority, including community development charges 830
of which the new community authority is the beneficiary as 831
provided in section 349.07 of the Revised Code, rentals, user 832
fees and other charges received by the new community authority, 833
any gift or grant received, any moneys received from any funds 834
invested by or on behalf of the new community authority, and 835
proceeds from the sale or lease of land and community facilities. 836
(L) "Community development charge" means a dollar amount 838
which shall be determined on the basis of the assessed valuation 839
of real property or interests in real property in a new community 840
district sold, leased, or otherwise conveyed by the developer or 841
the new community authority, the income of the residents of such 842
property subject to such charge under section 349.07 of the 843
Revised Code, if such property is devoted to residential uses or 844
to the profits of any business, a uniform fee on each parcel of 845
21
such real property originally sold, leased, or otherwise conveyed 846
by the developer or new community authority, or any combination 847
of the foregoing bases. 848
(M) "Proximate city" means any city that, as of the date 850
of filing of the petition under section 349.03 of the Revised 851
Code, is the most populous city of the county in which the 852
proposed new community district is located, is the most populous 853
city of an adjoining county if any portion of such city is within 854
five miles of any part of the boundaries of such district, or 855
exercises extraterritorial subdivision authority under section 856
711.09 of the Revised Code with respect to any part of such 857
district. 858
Sec. 1724.11. (A) WHEN A COMMUNITY IMPROVEMENT 860
CORPORATION IS ACTING AS AN AGENT OF A POLITICAL SUBDIVISION 862
DESIGNATED PURSUANT TO SECTION 1724.10 OF THE REVISED CODE, BOTH 864
OF THE FOLLOWING APPLY: 865
(1) ANY FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING 868
TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN ENTITY TO THE 869
COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION WITH THE
RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF 870
THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE COMMUNITY 871
IMPROVEMENT CORPORATION, OR BY ANY POLITICAL SUBDIVISION FOR 872
WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS ACTING AS AGENT, 873
IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC RECORD SUBJECT TO 875
SECTION 149.43 OF THE REVISED CODE. 877
(2) ANY OTHER INFORMATION SUBMITTED BY OR ON BEHALF OF AN 880
ENTITY TO THE COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION
WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR 881
PRESERVATION OF THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE 882
COMMUNITY IMPROVEMENT CORPORATION, OR BY ANY POLITICAL 883
SUBDIVISION FOR WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS 884
ACTING AS AGENT, IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC 885
RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE, UNTIL THE 888
ENTITY COMMITS IN WRITING TO PROCEED WITH THE RELOCATION, 889
22
LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF ITS 890
BUSINESS.
(B)(1) WHEN THE BOARD OF TRUSTEES OF A COMMUNITY 893
IMPROVEMENT CORPORATION OR ANY COMMITTEE OR SUBCOMMITTEE OF SUCH 894
A BOARD MEETS TO CONSIDER INFORMATION THAT IS NOT A PUBLIC RECORD 895
PURSUANT TO DIVISION (A) OF THIS SECTION, THE BOARD, COMMITTEE, 897
OR SUBCOMMITTEE, BY UNANIMOUS VOTE OF ALL MEMBERS PRESENT, MAY 898
CLOSE THE MEETING DURING CONSIDERATION OF THE CONFIDENTIAL 899
INFORMATION. THE BOARD, COMMITTEE, OR SUBCOMMITTEE SHALL 900
CONSIDER NO OTHER INFORMATION DURING THE CLOSED SESSION. 901
(2) ANY MEETING AT WHICH A DECISION OR DETERMINATION OF 904
THE BOARD IS MADE IN CONNECTION WITH THE RELOCATION, LOCATION, 905
EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THE 906
ENTITY SHALL BE OPEN TO THE PUBLIC.
Sec. 2901.01. (A) As used in the Revised Code: 915
(1) "Force" means any violence, compulsion, or constraint 917
physically exerted by any means upon or against a person or 918
thing. 919
(2) "Deadly force" means any force that carries a 921
substantial risk that it will proximately result in the death of 922
any person. 923
(3) "Physical harm to persons" means any injury, illness, 925
or other physiological impairment, regardless of its gravity or 926
duration. 927
(4) "Physical harm to property" means any tangible or 929
intangible damage to property that, in any degree, results in 930
loss to its value or interferes with its use or enjoyment. 931
"Physical harm to property" does not include wear and tear 932
occasioned by normal use. 933
(5) "Serious physical harm to persons" means any of the 935
following: 936
(a) Any mental illness or condition of such gravity as 938
would normally require hospitalization or prolonged psychiatric 939
treatment; 940
23
(b) Any physical harm that carries a substantial risk of 942
death; 943
(c) Any physical harm that involves some permanent 945
incapacity, whether partial or total, or that involves some 946
temporary, substantial incapacity; 947
(d) Any physical harm that involves some permanent 949
disfigurement or that involves some temporary, serious 950
disfigurement; 951
(e) Any physical harm that involves acute pain of such 953
duration as to result in substantial suffering or that involves 954
any degree of prolonged or intractable pain. 955
(6) "Serious physical harm to property" means any physical 957
harm to property that does either of the following: 958
(a) Results in substantial loss to the value of the 960
property or requires a substantial amount of time, effort, or 961
money to repair or replace; 962
(b) Temporarily prevents the use or enjoyment of the 964
property or substantially interferes with its use or enjoyment 965
for an extended period of time. 966
(7) "Risk" means a significant possibility, as contrasted 968
with a remote possibility, that a certain result may occur or 969
that certain circumstances may exist. 970
(8) "Substantial risk" means a strong possibility, as 972
contrasted with a remote or significant possibility, that a 973
certain result may occur or that certain circumstances may exist. 974
(9) "Offense of violence" means any of the following: 976
(a) A violation of section 2903.01, 2903.02, 2903.03, 978
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 979
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 980
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 981
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 982
division (A)(1), (2), or (3) of section 2911.12 of the Revised 983
Code or felonious sexual penetration in violation of former 984
section 2907.12 of the Revised Code; 985
24
(b) A violation of an existing or former municipal 987
ordinance or law of this or any other state or the United States, 988
substantially equivalent to any section, division, or offense 990
listed in division (A)(9)(a) of this section; 991
(c) An offense, other than a traffic offense, under an 993
existing or former municipal ordinance or law of this or any 994
other state or the United States, committed purposely or 995
knowingly, and involving physical harm to persons or a risk of 996
serious physical harm to persons; 997
(d) A conspiracy or attempt to commit, or complicity in 999
committing, any offense under division (A)(9)(a), (b), or (c) of 1,001
this section.
(10)(a) "Property" means any property, real or personal, 1,004
tangible or intangible, and any interest or license in that 1,005
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 1,006
telecommunications devices, information service, computers, data, 1,007
computer software, financial instruments associated with 1,009
computers, other documents associated with computers, or copies 1,010
of the documents, whether in machine or human readable form, 1,011
trade secrets, trademarks, copyrights, patents, and property 1,012
protected by a trademark, copyright, or patent. "Financial 1,013
instruments associated with computers" include, but are not 1,014
limited to, checks, drafts, warrants, money orders, notes of 1,015
indebtedness, certificates of deposit, letters of credit, bills 1,016
of credit or debit cards, financial transaction authorization 1,017
mechanisms, marketable securities, or any computer system 1,018
representations of any of them. 1,019
(b) As used in division (A)(10) of this section, "trade 1,022
secret" has the same meaning as in section 1333.61 of the Revised 1,023
Code, and "telecommunications . service" and "information 1,024
service" have the same meanings as in section 2913.01 of the 1,026
Revised Code.
(c) As used in divisions (A)(10) and (13) of this section, 1,029
25
"cable television service," "computer," "computer software," 1,030
"computer system," "computer network," "data," and 1,031
"telecommunications device" have the same meanings as in section 1,032
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 1,034
(a) A sheriff, deputy sheriff, constable, police officer 1,036
of a township or joint township police district, marshal, deputy 1,037
marshal, municipal police officer, member of a police force 1,038
employed by a metropolitan housing authority under division (D) 1,039
of section 3735.31 of the Revised Code, or state highway patrol 1,040
trooper; 1,041
(b) An officer, agent, or employee of the state or any of 1,043
its agencies, instrumentalities, or political subdivisions, upon 1,044
whom, by statute, a duty to conserve the peace or to enforce all 1,045
or certain laws is imposed and the authority to arrest violators 1,046
is conferred, within the limits of that statutory duty and 1,047
authority; 1,048
(c) A mayor, in the mayor's capacity as chief conservator 1,050
of the peace within the mayor's municipal corporation; 1,051
(d) A member of an auxiliary police force organized by 1,053
county, township, or municipal law enforcement authorities, 1,054
within the scope of the member's appointment or commission; 1,055
(e) A person lawfully called pursuant to section 311.07 of 1,057
the Revised Code to aid a sheriff in keeping the peace, for the 1,058
purposes and during the time when the person is called; 1,059
(f) A person appointed by a mayor pursuant to section 1,061
737.01 of the Revised Code as a special patrolling officer during 1,063
riot or emergency, for the purposes and during the time when the 1,064
person is appointed;
(g) A member of the organized militia of this state or the 1,066
armed forces of the United States, lawfully called to duty to aid 1,067
civil authorities in keeping the peace or protect against 1,068
domestic violence; 1,069
(h) A prosecuting attorney, assistant prosecuting 1,071
26
attorney, secret service officer, or municipal prosecutor; 1,072
(i) An Ohio veterans' home police officer appointed under 1,074
section 5907.02 of the Revised Code; 1,075
(j) A member of a police force employed by a regional 1,077
transit authority under division (Y) of section 306.35 of the 1,078
Revised Code; 1,079
(k) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 1,081
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 1,082
(12) "Privilege" means an immunity, license, or right 1,084
conferred by law, bestowed by express or implied grant, arising 1,086
out of status, position, office, or relationship, or growing out 1,087
of necessity.
(13) "Contraband" means any property described in the 1,089
following categories: 1,090
(a) Property that in and of itself is unlawful for a 1,092
person to acquire or possess; 1,093
(b) Property that is not in and of itself unlawful for a 1,095
person to acquire or possess, but that has been determined by a 1,096
court of this state, in accordance with law, to be contraband 1,097
because of its use in an unlawful activity or manner, of its 1,098
nature, or of the circumstances of the person who acquires or 1,099
possesses it, including, but not limited to, goods and personal 1,100
property described in division (D) of section 2913.34 of the 1,101
Revised Code;
(c) Property that is specifically stated to be contraband 1,103
by a section of the Revised Code or by an ordinance, regulation, 1,104
or resolution; 1,105
(d) Property that is forfeitable pursuant to a section of 1,107
the Revised Code, or an ordinance, regulation, or resolution, 1,108
including, but not limited to, forfeitable firearms, dangerous 1,109
ordnance, obscene materials, and goods and personal property 1,111
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 1,113
3719.01 of the Revised Code, or any device, paraphernalia, money 1,114
27
as defined in section 1301.01 of the Revised Code, or other means 1,115
of exchange that has been, is being, or is intended to be used in 1,116
an attempt or conspiracy to violate, or in a violation of, 1,117
Chapter 2925. or 3719. of the Revised Code; 1,118
(f) Any gambling device, paraphernalia, money as defined 1,120
in section 1301.01 of the Revised Code, or other means of 1,121
exchange that has been, is being, or is intended to be used in an 1,122
attempt or conspiracy to violate, or in the violation of, Chapter 1,123
2915. of the Revised Code; 1,124
(g) Any equipment, machine, device, apparatus, vehicle, 1,126
vessel, container, liquid, or substance that has been, is being, 1,127
or is intended to be used in an attempt or conspiracy to violate, 1,128
or in the violation of, any law of this state relating to alcohol 1,129
or tobacco; 1,130
(h) Any personal property that has been, is being, or is 1,132
intended to be used in an attempt or conspiracy to commit, or in 1,133
the commission of, any offense or in the transportation of the 1,134
fruits of any offense; 1,135
(i) Any property that is acquired through the sale or 1,137
other transfer of contraband or through the proceeds of 1,138
contraband, other than by a court or a law enforcement agency 1,139
acting within the scope of its duties; 1,140
(j) Any computer, computer system, computer network, 1,142
computer software, or other telecommunications device that is 1,143
used in a conspiracy to commit, an attempt to commit, or the 1,145
commission of any offense, if the owner of the computer, computer 1,146
system, computer network, computer software, or other 1,147
telecommunications device is convicted of or pleads guilty to the 1,148
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 1,150
relative to a charge of an offense only if the person proves, in 1,151
the manner specified in section 2901.05 of the Revised Code, that 1,152
at the time of the commission of the offense, the person did not 1,153
know, as a result of a severe mental disease or defect, the 1,154
28
wrongfulness of the person's acts. 1,155
(B)(1)(a) Subject to division (B)(2) of this section, as 1,158
used in any section contained in Title XXIX of the Revised Code 1,159
that sets forth a criminal offense, "person" includes all of the 1,160
following:
(i) An individual, corporation, business trust, estate, 1,162
trust, partnership, and association; 1,163
(ii) An unborn human who is viable. 1,165
(b) As used in any section contained in Title XXIX of the 1,168
Revised Code that does not set forth a criminal offense, "person" 1,169
includes an individual, corporation, business trust, estate, 1,170
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 1,172
(i) "Unborn human" means an individual organism of the 1,174
species homo sapiens from fertilization until live birth. 1,175
(ii) "Viable" means the stage of development of a human 1,178
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 1,179
temporary artificial life-sustaining support. 1,180
(2) Notwithstanding division (B)(1)(a) of this section, in 1,182
no case shall the portion of the definition of the term "person" 1,183
that is set forth in division (B)(1)(a)(ii) of this section be 1,184
applied or construed in any section contained in Title XXIX of 1,185
the Revised Code that sets forth a criminal offense in any of the 1,186
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 1,188
this section, in a manner so that the offense prohibits or is 1,189
construed as prohibiting any pregnant woman or her physician from 1,190
performing an abortion with the consent of the pregnant woman, 1,191
with the consent of the pregnant woman implied by law in a 1,192
medical emergency, or with the approval of one otherwise 1,193
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 1,194
described in the immediately preceding sentence may be punished 1,195
29
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 1,196
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 1,197
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 1,198
An abortion that does not violate the conditions described in the 1,199
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 1,200
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 1,201
as a violation of section 2919.12, division (B) of section 1,202
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 1,203
Code, as applicable. Consent is sufficient under this division 1,204
if it is of the type otherwise adequate to permit medical 1,205
treatment to the pregnant woman, even if it does not comply with 1,206
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 1,209
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that 1,210
results in any of the following: 1,211
(i) Her delivery of a stillborn baby; 1,213
(ii) Her causing, in any other manner, the death in utero 1,216
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 1,219
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 1,220
(iv) Her causing her child who is born alive to sustain 1,223
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 1,226
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 1,227
or a mental illness or condition, regardless of its duration or 1,228
gravity, to a viable, unborn human that she is carrying. 1,229
Sec. 2921.51. (A) As used in this section: 1,238
(1) "Peace officer" means a sheriff, deputy sheriff, 1,240
marshal, deputy marshal, member of the organized police 1,241
department of a municipal corporation, or township constable, who 1,242
30
is employed by a political subdivision of this state, a member of 1,243
a police force employed by a metropolitan housing authority under 1,244
division (D) of section 3735.31 of the Revised Code, a member of 1,246
a police force employed by a regional transit authority under
division (Y) of section 306.35 of the Revised Code, a state 1,247
university law enforcement officer appointed under section 1,248
3345.04 of the Revised Code, an Ohio veterans' home policeman 1,249
POLICE OFFICER appointed under section 5907.02 of the Revised 1,250
Code, A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER 1,251
SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, or a state 1,252
highway patrol trooper and whose primary duties are to preserve 1,253
the peace, to protect life and property, and to enforce the laws, 1,254
ordinances, or rules of the state or any of its political 1,255
subdivisions. 1,256
(2) "Private policeman POLICE OFFICER" means any security 1,258
guard, special policeman POLICE OFFICER, private detective, or 1,260
other person who is privately employed in a police capacity. 1,262
(3) "Impersonate" means to act the part of, assume the 1,264
identity of, wear the uniform or any part of the uniform of, or 1,265
display the identification of a particular person or of a member 1,266
of a class of persons with purpose to make another person believe 1,267
that the actor is that particular person or is a member of that 1,268
class of persons. 1,269
(B) No person shall impersonate a peace officer or a 1,271
private policeman POLICE OFFICER. 1,272
(C) No person, by impersonating a peace officer or a 1,274
private policeman POLICE OFFICER, shall arrest or detain any 1,275
person, search any person, or search the property of any person. 1,276
(D) No person, with purpose to commit or facilitate the 1,278
commission of an offense, shall impersonate a peace officer, a 1,279
private policeman POLICE OFFICER, or an officer, agent, or 1,280
employee of the state. 1,281
(E) No person shall commit a felony while impersonating a 1,283
peace officer, a private policeman POLICE OFFICER, or an officer, 1,284
31
agent, or employee of the state. 1,285
(F) It is an affirmative defense to a charge under 1,287
division (B) of this section that the impersonation of the peace 1,288
officer was for a lawful purpose. 1,289
(G) Whoever violates division (B) of this section is 1,291
guilty of a misdemeanor of the fourth degree. Whoever violates 1,292
division (C) or (D) of this section is guilty of a misdemeanor of 1,293
the first degree. If the purpose of a violation of division (D) 1,294
of this section is to commit or facilitate the commission of a 1,295
felony, a violation of division (D) is a felony of the fourth 1,297
degree. Whoever violates division (E) of this section is guilty
of a felony of the third degree. 1,298
Sec. 2935.01. As used in this chapter: 1,307
(A) "Magistrate" has the same meaning as in section 1,309
2931.01 of the Revised Code. 1,310
(B) "Peace officer" includes, except as provided in 1,312
section 2935.081 of the Revised Code, a sheriff; deputy sheriff; 1,314
marshal; deputy marshal; member of the organized police 1,316
department of any municipal corporation, including a member of 1,317
the organized police department of a municipal corporation in an 1,318
adjoining state serving in Ohio under a contract pursuant to 1,319
section 737.04 of the Revised Code; member of a police force 1,320
employed by a metropolitan housing authority under division (D) 1,321
of section 3735.31 of the Revised Code; member of a police force 1,323
employed by a regional transit authority under division (Y) of 1,324
section 306.05 of the Revised Code; state university law 1,325
enforcement officer appointed under section 3345.04 of the 1,326
Revised Code; liquor control investigator or food stamp 1,327
trafficking agent of the department of public safety; employee of 1,329
the department of natural resources who is a natural resources 1,330
law enforcement staff officer designated pursuant to section 1,331
1501.013 of the Revised Code, a forest officer designated
pursuant to section 1503.29 of the Revised Code, a preserve 1,333
officer designated pursuant to section 1517.10 of the Revised 1,334
32
Code, a wildlife officer designated pursuant to section 1531.13 1,335
of the Revised Code, a park officer designated pursuant to
section 1541.10 of the Revised Code, or a state watercraft 1,338
officer designated pursuant to section 1547.521 of the Revised 1,339
Code; individual designated to perform law enforcement duties 1,340
under section 511.232, 1545.13, or 6101.75 of the Revised Code; 1,341
Ohio veterans' home police officer appointed under section 1,343
5907.02 of the Revised Code; SPECIAL POLICE OFFICER EMPLOYED BY A 1,344
PORT AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED 1,345
CODE; police constable of any township; and police officer of a 1,347
township or joint township police district; and, for the purpose 1,348
of arrests within those areas, and for the purposes of Chapter 1,349
5503. of the Revised Code, and the filing of and service of 1,350
process relating to those offenses witnessed or investigated by 1,351
them, includes the superintendent and troopers of the state 1,352
highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney 1,354
and any assistant prosecutor designated to assist the county 1,355
prosecuting attorney, and, in the case of courts inferior to 1,357
courts of common pleas, includes the village solicitor, city 1,358
director of law, or similar chief legal officer of a municipal 1,359
corporation, any such officer's assistants, or any attorney 1,360
designated by the prosecuting attorney of the county to appear 1,362
for the prosecution of a given case.
(D) "Offense," except where the context specifically 1,364
indicates otherwise, includes felonies, misdemeanors, and 1,365
violations of ordinances of municipal corporations and other 1,366
public bodies authorized by law to adopt penal regulations. 1,367
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, 1,377
deputy marshal, municipal police officer, township constable, 1,378
police officer of a township or joint township police district, 1,379
member of a police force employed by a metropolitan housing 1,380
authority under division (D) of section 3735.31 of the Revised 1,381
Code, member of a police force employed by a regional transit 1,382
33
authority under division (Y) of section 306.35 of the Revised 1,383
Code, state university law enforcement officer appointed under 1,385
section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised 1,386
Code, OR SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 1,387
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE shall arrest 1,389
and detain, until a warrant can be obtained, a person found 1,390
violating, within the limits of the political subdivision, 1,391
metropolitan housing authority housing project, regional transit 1,392
authority facilities or areas of a municipal corporation that
have been agreed to by a regional transit authority and a 1,393
municipal corporation located within its territorial 1,394
jurisdiction, college, university, or Ohio veterans' home, OR 1,396
PORT AUTHORITY in which the peace officer is appointed, employed, 1,398
or elected, a law of this state, an ordinance of a municipal 1,399
corporation, or a resolution of a township. 1,400
(2) A peace officer of the department of natural resources 1,403
or an individual designated to perform law enforcement duties 1,404
under section 511.232, 1545.13, or 6101.75 of the Revised Code 1,406
shall arrest and detain, until a warrant can be obtained, a 1,407
person found violating, within the limits of the peace officer's 1,408
or individual's territorial jurisdiction, a law of this state. 1,409
(B)(1) When there is reasonable ground to believe that an 1,411
offense of violence, the offense of criminal child enticement as 1,412
defined in section 2905.05 of the Revised Code, the offense of 1,413
public indecency as defined in section 2907.09 of the Revised 1,414
Code, the offense of domestic violence as defined in section 1,415
2919.25 of the Revised Code, the offense of violating a 1,416
protection order as defined in section 2919.27 of the Revised 1,417
Code, the offense of menacing by stalking as defined in section 1,419
2903.211 of the Revised Code, the offense of aggravated trespass 1,420
as defined in section 2911.211 of the Revised Code, a theft 1,421
offense as defined in section 2913.01 of the Revised Code, or a 1,422
felony drug abuse offense as defined in section 2925.01 of the 1,423
34
Revised Code, has been committed within the limits of the 1,424
political subdivision, metropolitan housing authority housing 1,425
project, regional transit authority facilities or those areas of 1,427
a municipal corporation that have been agreed to by a regional 1,429
transit authority and a municipal corporation located within its 1,430
territorial jurisdiction, college, university, or Ohio veterans' 1,431
home, OR PORT AUTHORITY in which the peace officer is appointed, 1,432
employed, or elected or within the limits of the territorial 1,433
jurisdiction of the peace officer, a peace officer described in 1,434
division (A) of this section may arrest and detain until a 1,435
warrant can be obtained any person who the peace officer has 1,437
reasonable cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the 1,439
execution of any of the following constitutes reasonable ground 1,440
to believe that the offense alleged in the statement was 1,441
committed and reasonable cause to believe that the person alleged 1,442
in the statement to have committed the offense is guilty of the 1,443
violation: 1,444
(a) A written statement by a person alleging that an 1,446
alleged offender has committed the offense of menacing by 1,447
stalking or aggravated trespass; 1,448
(b) A written statement by the administrator of the 1,450
interstate compact on mental health appointed under section 1,451
5119.51 of the Revised Code alleging that a person who had been 1,452
hospitalized, institutionalized, or confined in any facility 1,453
under an order made pursuant to or under authority of section 1,454
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 1,456
2945.402 of the Revised Code has escaped from the facility, from 1,457
confinement in a vehicle for transportation to or from the 1,458
facility, or from supervision by an employee of the facility that 1,459
is incidental to hospitalization, institutionalization, or 1,460
confinement in the facility and that occurs outside of the 1,461
facility, in violation of section 2921.34 of the Revised Code; 1,462
(c) A written statement by the administrator of any 1,465
35
facility in which a person has been hospitalized, 1,466
institutionalized, or confined under an order made pursuant to or 1,467
under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 1,468
2945.40, 2945.401, or 2945.402 of the Revised Code alleging that 1,469
the person has escaped from the facility, from confinement in a 1,470
vehicle for transportation to or from the facility, or from 1,471
supervision by an employee of the facility that is incidental to 1,472
hospitalization, institutionalization, or confinement in the 1,473
facility and that occurs outside of the facility, in violation of 1,474
section 2921.34 of the Revised Code. 1,475
(3)(a) For purposes of division (B)(1) of this section, a 1,478
peace officer described in division (A) of this section has 1,479
reasonable grounds to believe that the offense of domestic 1,480
violence or the offense of violating a protection order has been 1,481
committed and reasonable cause to believe that a particular 1,483
person is guilty of committing the offense if any of the 1,484
following occurs:
(i) A person executes a written statement alleging that 1,487
the person in question has committed the offense of domestic 1,488
violence or the offense of violating a protection order against 1,489
the person who executes the statement or against a child of the 1,490
person who executes the statement. 1,491
(ii) No written statement of the type described in 1,494
division (B)(3)(a)(i) of this section is executed, but the peace 1,495
officer, based upon the peace officer's own knowledge and 1,496
observation of the facts and circumstances of the alleged 1,497
incident of the offense of domestic violence or the alleged 1,498
incident of the offense of violating a protection order or based 1,499
upon any other information, including, but not limited to, any 1,500
reasonably trustworthy information given to the peace officer by 1,501
the alleged victim of the alleged incident of the offense or any 1,502
witness of the alleged incident of the offense, concludes that 1,503
there are reasonable grounds to believe that the offense of 1,504
domestic violence or the offense of violating a protection order 1,505
36
has been committed and reasonable cause to believe that the 1,506
person in question is guilty of committing the offense. 1,507
(iii) No written statement of the type described in 1,510
division (B)(3)(a)(i) of this section is executed, but the peace 1,511
officer witnessed the person in question commit the offense of 1,512
domestic violence or the offense of violating a protection order. 1,513
(b) If pursuant to division (B)(3)(a) of this section a 1,516
peace officer has reasonable grounds to believe that the offense 1,517
of domestic violence or the offense of violating a protection 1,518
order has been committed and reasonable cause to believe that a 1,520
particular person is guilty of committing the offense, it is the 1,521
preferred course of action in this state that the officer arrest 1,522
and detain that person pursuant to division (B)(1) of this 1,523
section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace 1,526
officer has reasonable grounds to believe that the offense of 1,527
domestic violence or the offense of violating a protection order 1,528
has been committed and reasonable cause to believe that family or 1,529
household members have committed the offense against each other, 1,530
it is the preferred course of action in this state that the 1,531
officer, pursuant to division (B)(1) of this section, arrest and 1,533
detain until a warrant can be obtained the family or household 1,534
member who committed the offense and whom the officer has 1,535
reasonable cause to believe is the primary physical aggressor. 1,536
There is no preferred course of action in this state regarding 1,537
any other family or household member who committed the offense 1,538
and whom the officer does not have reasonable cause to believe is 1,539
the primary physical aggressor, but, pursuant to division (B)(1) 1,540
of this section, the peace officer may arrest and detain until a 1,541
warrant can be obtained any other family or household member who 1,542
committed the offense and whom the officer does not have 1,543
reasonable cause to believe is the primary physical aggressor. 1,544
(c) If a peace officer described in division (A) of this 1,547
section does not arrest and detain a person whom the officer has 1,548
37
reasonable cause to believe committed the offense of domestic 1,549
violence or the offense of violating a protection order when it 1,550
is the preferred course of action in this state pursuant to 1,551
division (B)(3)(b) of this section that the officer arrest that 1,553
person, the officer shall articulate in the written report of the 1,554
incident required by section 2935.032 of the Revised Code a clear 1,555
statement of the officer's reasons for not arresting and 1,556
detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (B)(3)(b) of 1,559
this section which family or household member is the primary 1,560
physical aggressor in a situation in which family or household 1,561
members have committed the offense of domestic violence or the 1,562
offense of violating a protection order against each other, a 1,563
peace officer described in division (A) of this section, in 1,564
addition to any other relevant circumstances, should consider all 1,565
of the following: 1,566
(i) Any history of domestic violence or of any other 1,569
violent acts by either person involved in the alleged offense 1,570
that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence 1,573
was caused by a person acting in self-defense; 1,574
(iii) Each person's fear of physical harm, if any, 1,577
resulting from the other person's threatened use of force against 1,578
any person or resulting from the other person's use or history of 1,579
the use of force against any person, and the reasonableness of 1,580
that fear;
(iv) The comparative severity of any injuries suffered by 1,583
the persons involved in the alleged offense.
(e)(i) A peace officer described in division (A) of this 1,586
section shall not require, as a prerequisite to arresting or 1,587
charging a person who has committed the offense of domestic 1,588
violence or the offense of violating a protection order, that the 1,589
victim of the offense specifically consent to the filing of 1,590
charges against the person who has committed the offense or sign 1,591
38
a complaint against the person who has committed the offense. 1,592
(ii) If a person is arrested for or charged with 1,595
committing the offense of domestic violence or the offense of 1,596
violating a protection order and if the victim of the offense 1,597
does not cooperate with the involved law enforcement or 1,598
prosecuting authorities in the prosecution of the offense or, 1,599
subsequent to the arrest or the filing of the charges, informs 1,600
the involved law enforcement or prosecuting authorities that the 1,601
victim does not wish the prosecution of the offense to continue 1,602
or wishes to drop charges against the alleged offender relative 1,603
to the offense, the involved prosecuting authorities, in 1,604
determining whether to continue with the prosecution of the 1,605
offense or whether to dismiss charges against the alleged 1,606
offender relative to the offense and notwithstanding the victim's 1,607
failure to cooperate or the victim's wishes, shall consider all 1,608
facts and circumstances that are relevant to the offense, 1,609
including, but not limited to, the statements and observations of 1,610
the peace officers who responded to the incident that resulted in 1,611
the arrest or filing of the charges and of all witnesses to that 1,612
incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) 1,614
of this section whether to arrest a person pursuant to division 1,615
(B)(1) of this section, a peace officer described in division (A) 1,617
of this section shall not consider as a factor any possible 1,618
shortage of cell space at the detention facility to which the 1,619
person will be taken subsequent to the person's arrest or any 1,620
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any 1,621
other detention facility. 1,622
(g) If a peace officer described in division (A) of this 1,625
section intends pursuant to divisions (B)(3)(a) to (g) of this 1,627
section to arrest a person pursuant to division (B)(1) of this 1,628
section and if the officer is unable to do so because the person 1,630
is not present, the officer promptly shall seek a warrant for the 1,631
39
arrest of the person.
(h) If a peace officer described in division (A) of this 1,634
section responds to a report of an alleged incident of the 1,635
offense of domestic violence or an alleged incident of the 1,636
offense of violating a protection order and if the circumstances 1,637
of the incident involved the use or threatened use of a deadly 1,639
weapon or any person involved in the incident brandished a deadly 1,640
weapon during or in relation to the incident, the deadly weapon 1,641
that was used, threatened to be used, or brandished constitutes 1,642
contraband, and, to the extent possible, the officer shall seize 1,643
the deadly weapon as contraband pursuant to section 2933.43 of 1,644
the Revised Code. Upon the seizure of a deadly weapon pursuant 1,645
to division (B)(3)(h) of this section, section 2933.43 of the 1,647
Revised Code shall apply regarding the treatment and disposition 1,648
of the deadly weapon. For purposes of that section, the 1,649
"underlying criminal offense" that was the basis of the seizure 1,651
of a deadly weapon under division (B)(3)(h) of this section and 1,652
to which the deadly weapon had a relationship is any of the 1,653
following that is applicable: 1,654
(i) The alleged incident of the offense of domestic 1,657
violence or the alleged incident of the offense of violating a 1,658
protection order to which the officer who seized the deadly 1,659
weapon responded;
(ii) Any offense that arose out of the same facts and 1,662
circumstances as the report of the alleged incident of the 1,663
offense of domestic violence or the alleged incident of the
offense of violating a protection order to which the officer who 1,665
seized the deadly weapon responded.
(4) If, in the circumstances described in divisions 1,667
(B)(3)(a) to (g) of this section, a peace officer described in 1,668
division (A) of this section arrests and detains a person 1,669
pursuant to division (B)(1) of this section, or if, pursuant to 1,671
division (B)(3)(h) of this section, a peace officer described in 1,672
division (A) of this section seizes a deadly weapon, the officer, 1,673
40
to the extent described in and in accordance with section 9.86 or 1,674
2744.03 of the Revised Code, is immune in any civil action for 1,676
damages for injury, death, or loss to person or property that
arises from or is related to the arrest and detention or the 1,677
seizure. 1,678
(C) When there is reasonable ground to believe that a 1,680
violation of division (A), (B), or (C) of section 4506.15 or a 1,681
violation of section 4511.19 of the Revised Code has been 1,682
committed by a person operating a motor vehicle subject to 1,683
regulation by the public utilities commission of Ohio under Title 1,684
XLIX of the Revised Code, a peace officer with authority to 1,685
enforce that provision of law may stop or detain the person whom 1,686
the officer has reasonable cause to believe was operating the 1,687
motor vehicle in violation of the division or section and, after 1,688
investigating the circumstances surrounding the operation of the 1,689
vehicle, may arrest and detain the person. 1,690
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, 1,692
municipal police officer, member of a police force employed by a 1,693
metropolitan housing authority under division (D) of section 1,694
3735.31 of the Revised Code, member of a police force employed by 1,695
a regional transit authority under division (Y) of section 306.35 1,696
of the Revised Code, SPECIAL POLICE OFFICER EMPLOYED BY A PORT 1,697
AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, 1,698
township constable, police officer of a township or joint 1,699
township police district, state university law enforcement 1,700
officer appointed under section 3345.04 of the Revised Code, 1,701
peace officer of the department of natural resources, or 1,702
individual designated to perform law enforcement duties under
section 511.232, 1545.13, or 6101.75 of the Revised Code is 1,703
authorized by division (A) or (B) of this section to arrest and 1,706
detain, within the limits of the political subdivision, 1,707
metropolitan housing authority housing project, regional transit 1,708
authority facilities or those areas of a municipal corporation 1,709
that have been agreed to by a regional transit authority and a
41
municipal corporation located within its territorial 1,710
jurisdiction, PORT AUTHORITY, college, or university in which the 1,711
officer is appointed, employed, or elected or within the limits 1,713
of the territorial jurisdiction of the peace officer, a person 1,714
until a warrant can be obtained, the peace officer, outside the 1,715
limits of that territory, may pursue, arrest, and detain that 1,716
person until a warrant can be obtained if all of the following 1,718
apply:
(1) The pursuit takes place without unreasonable delay 1,720
after the offense is committed; 1,721
(2) The pursuit is initiated within the limits of the 1,723
political subdivision, metropolitan housing authority housing 1,724
project, regional transit authority facilities or those areas of 1,725
a municipal corporation that have been agreed to by a regional 1,726
transit authority and a municipal corporation located within its 1,727
territorial jurisdiction, PORT AUTHORITY, college, or university 1,728
in which the peace officer is appointed, employed, or elected or 1,730
within the limits of the territorial jurisdiction of the peace 1,731
officer;
(3) The offense involved is a felony, a misdemeanor of the 1,733
first degree or a substantially equivalent municipal ordinance, a 1,734
misdemeanor of the second degree or a substantially equivalent 1,735
municipal ordinance, or any offense for which points are 1,736
chargeable pursuant to division (G) of section 4507.021 of the 1,737
Revised Code. 1,738
(E) In addition to the authority granted under division 1,740
(A) or (B) of this section: 1,741
(1) A sheriff or deputy sheriff may arrest and detain, 1,743
until a warrant can be obtained, any person found violating 1,744
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 1,745
4549.12, section 4549.62, or Chapter 4511. or 4513. of the 1,746
Revised Code on the portion of any street or highway that is 1,747
located immediately adjacent to the boundaries of the county in 1,748
which the sheriff or deputy sheriff is elected or appointed. 1,749
42
(2) A member of the police force of a township police 1,751
district created under section 505.48 of the Revised Code, a 1,752
member of the police force of a joint township police district 1,753
created under section 505.481 of the Revised Code, or a township 1,755
constable appointed in accordance with section 509.01 of the 1,756
Revised Code, who has received a certificate from the Ohio peace 1,757
officer training commission under section 109.75 of the Revised 1,758
Code, may arrest and detain, until a warrant can be obtained, any 1,759
person found violating any section or chapter of the Revised Code 1,760
listed in division (E)(1) of this section, other than sections 1,761
4513.33 and 4513.34 of the Revised Code, on the portion of any 1,762
street or highway that is located immediately adjacent to the 1,763
boundaries of the township police district or joint township 1,764
police district, in the case of a member of a township police 1,765
district or joint township police district police force, or the 1,766
unincorporated territory of the township, in the case of a 1,767
township constable. However, if the population of the township 1,768
that created the township police district served by the member's 1,769
police force, or the townships that created the joint township 1,770
police district served by the member's police force, or the 1,771
township that is served by the township constable, is sixty 1,772
thousand or less, the member of the township police district or 1,773
joint police district police force or the township constable may 1,774
not make an arrest under division (E)(2) of this section on a 1,776
state highway that is included as part of the interstate system. 1,777
(3) A police officer or village marshal appointed, 1,779
elected, or employed by a municipal corporation may arrest and 1,780
detain, until a warrant can be obtained, any person found 1,781
violating any section or chapter of the Revised Code listed in 1,782
division (E)(1) of this section on the portion of any street or 1,783
highway that is located immediately adjacent to the boundaries of 1,784
the municipal corporation in which the police officer or village 1,785
marshal is appointed, elected, or employed. 1,786
(4) A peace officer of the department of natural resources 1,789
43
or an individual designated to perform law enforcement duties 1,790
under section 511.232, 1545.13, or 6101.75 of the Revised Code 1,792
may arrest and detain, until a warrant can be obtained, any 1,793
person found violating any section or chapter of the Revised Code 1,795
listed in division (E)(1) of this section, other than sections 1,797
4513.33 and 4513.34 of the Revised Code, on the portion of any 1,799
street or highway that is located immediately adjacent to the 1,800
boundaries of the lands and waters that constitute the 1,801
territorial jurisdiction of the peace officer. 1,802
(F)(1) A department of mental health special police 1,804
officer or a department of mental retardation and developmental 1,805
disabilities special police officer may arrest without a warrant 1,806
and detain until a warrant can be obtained any person found 1,807
committing on the premises of any institution under the 1,808
jurisdiction of the particular department a misdemeanor under a 1,809
law of the state.
A department of mental health special police officer or a 1,811
department of mental retardation and developmental disabilities 1,812
special police officer may arrest without a warrant and detain 1,813
until a warrant can be obtained any person who has been 1,814
hospitalized, institutionalized, or confined in an institution 1,815
under the jurisdiction of the particular department pursuant to 1,816
or under authority of section 2945.37, 2945.371, 2945.38, 1,817
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and 1,819
who is found committing on the premises of any institution under 1,820
the jurisdiction of the particular department a violation of 1,821
section 2921.34 of the Revised Code that involves an escape from 1,822
the premises of the institution. 1,823
(2)(a) If a department of mental health special police 1,825
officer or a department of mental retardation and developmental 1,826
disabilities special police officer finds any person who has been 1,827
hospitalized, institutionalized, or confined in an institution 1,828
under the jurisdiction of the particular department pursuant to 1,829
or under authority of section 2945.37, 2945.371, 2945.38, 1,830
44
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code 1,832
committing a violation of section 2921.34 of the Revised Code 1,833
that involves an escape from the premises of the institution, or 1,834
if there is reasonable ground to believe that a violation of 1,835
section 2921.34 of the Revised Code has been committed that 1,836
involves an escape from the premises of an institution under the 1,837
jurisdiction of the department of mental health or the department 1,838
of mental retardation and developmental disabilities and if a 1,839
department of mental health special police officer or a 1,840
department of mental retardation and developmental disabilities 1,841
special police officer has reasonable cause to believe that a 1,842
particular person who has been hospitalized, institutionalized, 1,843
or confined in the institution pursuant to or under authority of 1,844
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 1,845
or 2945.402 of the Revised Code is guilty of the violation, the 1,846
special police officer, outside of the premises of the 1,847
institution, may pursue, arrest, and detain that person for that 1,848
violation of section 2921.34 of the Revised Code, until a warrant 1,849
can be obtained, if both of the following apply: 1,850
(i) The pursuit takes place without unreasonable delay 1,852
after the offense is committed; 1,853
(ii) The pursuit is initiated within the premises of the 1,855
institution from which the violation of section 2921.34 of the 1,856
Revised Code occurred. 1,857
(b) For purposes of division (F)(2)(a) of this section, 1,859
the execution of a written statement by the administrator of the 1,860
institution in which a person had been hospitalized, 1,861
institutionalized, or confined pursuant to or under authority of 1,862
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 1,864
or 2945.402 of the Revised Code alleging that the person has 1,865
escaped from the premises of the institution in violation of 1,866
section 2921.34 of the Revised Code constitutes reasonable ground 1,867
to believe that the violation was committed and reasonable cause 1,868
to believe that the person alleged in the statement to have 1,869
45
committed the offense is guilty of the violation. 1,870
(G) As used in this section: 1,872
(1) A "department of mental health special police officer" 1,874
means a special police officer of the department of mental health 1,875
designated under section 5119.14 of the Revised Code who is 1,876
certified by the Ohio peace officer training commission under 1,877
section 109.77 of the Revised Code as having successfully 1,878
completed an approved peace officer basic training program. 1,879
(2) A "department of mental retardation and developmental 1,881
disabilities special police officer" means a special police 1,883
officer of the department of mental retardation and developmental 1,884
disabilities designated under section 5123.13 of the Revised Code 1,885
who is certified by the Ohio peace officer training council under 1,886
section 109.77 of the Revised Code as having successfully 1,887
completed an approved peace officer basic training program. 1,888
(3) "Deadly weapon" has the same meaning as in section 1,890
2923.11 of the Revised Code. 1,891
(4) "Family or household member" has the same meaning as 1,893
in section 2919.25 of the Revised Code. 1,894
(5) "Street" or "highway" has the same meaning as in 1,896
section 4511.01 of the Revised Code. 1,897
(6) "Interstate system" has the same meaning as in section 1,899
5516.01 of the Revised Code. 1,900
(7) "Peace officer of the department of natural resources" 1,903
means an employee of the department of natural resources who is a 1,905
natural resources law enforcement staff officer designated
pursuant to section 1501.013, a forest officer designated 1,906
pursuant to section 1503.29, a preserve officer designated 1,907
pursuant to section 1517.10, a wildlife officer designated 1,908
pursuant to section 1531.13, a park officer designated pursuant 1,909
to section 1541.10, or a state watercraft officer designated 1,911
pursuant to section 1547.521 of the Revised Code. 1,912
Sec. 4582.01. As used in sections 4582.02 to 4582.20 of 1,923
the Revised Code: 1,924
46
(A) "Port authority" means a port authority BODY CORPORATE 1,926
AND POLITIC created pursuant to THE authority of section 4582.02 1,928
of the Revised Code.
(B) "Submerged lands" means the lands presently underlying 1,930
the waters of Lake Erie or formerly underlying the waters of Lake 1,931
Erie and now artificially filled between the natural shoreline 1,932
and the harbor line or the line of commercial navigation where no 1,933
harbor line has been established. 1,934
(C) "Uplands" means lands contiguous to or fronting upon 1,936
any submerged lands in this state. 1,937
(D) "Publication" means publication once a week on the 1,939
same day of the week for three consecutive weeks in a newspaper 1,940
of general circulation in the county or counties wherein such 1,941
publication is required to be made. Publication shall be 1,942
complete on the date of the last publication. 1,943
(E) "Aviation facilities" means aircraft and any 1,945
facilities used, available for use, or designed for use for the 1,946
safe navigation, landing or taking off of aircraft; for the 1,947
safety, storage, maintenance and repair of aircraft; for the 1,948
comfort and accommodations of the users of air transportation, 1,949
including persons, cargo, mail, and other property, and for the 1,950
safe and efficient operation and maintenance of airports and any 1,951
care of such facilities. 1,952
(F) "Authorized purposes" or "purpose" means either of the 1,954
following: 1,955
(1) Activities which increase THAT ENHANCE, foster, aid, 1,957
PROVIDE, or promote air or water transportation, economic 1,958
development, or residential facilities HOUSING, RECREATION, 1,959
EDUCATION, CULTURE, OR RESEARCH within the jurisdiction of the 1,961
port authority;
(2) Activities consistent with section AUTHORIZED BY 1,964
SECTIONS 13 AND 16 of article ARTICLE VIII, Ohio Constitution. 1,965
(G)(C) "COST," AS APPLIED TO A PORT AUTHORITY FACILITY, 1,967
MEANS THE COST OF ACQUISITION OR CONSTRUCTION OF THE FACILITY, 1,968
47
AND THE COST OF ACQUISITION OF ALL LAND, RIGHTS-OF-WAY, PROPERTY 1,969
RIGHTS, EASEMENTS, FRANCHISE RIGHTS, AND INTERESTS REQUIRED FOR 1,970
THAT ACQUISITION OR CONSTRUCTION, THE COST OF DEMOLISHING OR 1,971
REMOVING ANY BUILDINGS OR STRUCTURES ON LAND SO ACQUIRED, 1,972
INCLUDING THE COST OF ACQUIRING ANY LANDS TO WHICH THOSE 1,973
BUILDINGS OR STRUCTURES MAY BE MOVED, THE COST OF ACQUIRING OR 1,974
CONSTRUCTING AND EQUIPPING A PRINCIPAL OFFICE OF THE PORT 1,975
AUTHORITY, THE COST OF DIVERTING HIGHWAYS, INTERCHANGE OF 1,976
HIGHWAYS AND ACCESS ROADS TO PRIVATE PROPERTY, INCLUDING THE COST 1,978
OF LAND OR EASEMENTS FOR THE ACCESS ROADS, THE COST OF PUBLIC 1,979
UTILITY AND COMMON CARRIER RELOCATION OR DUPLICATION, THE COST OF 1,980
ALL MACHINERY, FURNISHINGS, AND EQUIPMENT, FINANCING CHARGES, 1,981
INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR NO MORE THAN 1,982
EIGHTEEN MONTHS AFTER THE COMPLETION OF CONSTRUCTION,
ENGINEERING, EXPENSES OF RESEARCH AND DEVELOPMENT WITH RESPECT TO 1,984
PORT AUTHORITY FACILITIES, LEGAL EXPENSES, PLANS, SPECIFICATIONS, 1,985
SURVEYS, STUDIES, ESTIMATES OF COST AND REVENUES, OTHER EXPENSES 1,986
NECESSARY OR INCIDENT TO DETERMINING THE FEASIBILITY OR 1,987
PRACTICABILITY OF ACQUIRING OR CONSTRUCTING THE FACILITY, 1,988
ADMINISTRATIVE EXPENSE, AND ANY OTHER EXPENSES NECESSARY OR 1,989
INCIDENT TO ACQUIRING OR CONSTRUCTING THE FACILITY, THE FINANCING 1,990
OF SUCH ACQUISITION OR CONSTRUCTION, INCLUDING THE AMOUNT 1,991
AUTHORIZED IN THE RESOLUTION OF THE PORT AUTHORITY PROVIDING FOR 1,992
THE ISSUANCE OF PORT AUTHORITY REVENUE BONDS TO BE PAID INTO ANY 1,993
SPECIAL FUNDS FROM THE PROCEEDS OF THE BONDS AND THE FINANCING OF 1,994
THE PLACING OF THE FACILITY IN OPERATION. ANY OBLIGATION, COST, 1,995
OR EXPENSE INCURRED BY ANY GOVERNMENTAL AGENCY OR PERSON FOR 1,996
SURVEYS, BORINGS, THE PREPARATION OF PLANS AND SPECIFICATIONS, 1,997
AND OTHER ENGINEERING SERVICES, OR ANY OTHER COST DESCRIBED 1,998
ABOVE, IN CONNECTION WITH THE ACQUISITION OR CONSTRUCTION OF A 1,999
FACILITY MAY BE REGARDED AS PART OF THE COST OF THE FACILITY AND 2,000
MAY BE REIMBURSED OUT OF THE PROCEEDS OF PORT AUTHORITY REVENUE 2,001
BONDS AS AUTHORIZED BY THIS CHAPTER. 2,002
(D) "Port authority facilities" means all real or personal 2,005
48
property, or ANY combination thereof, THAT IS OWNED, LEASED, OR 2,006
OTHERWISE CONTROLLED OR FINANCED BY A PORT AUTHORITY AND IS
related to or used in any commercial, industrial, distribution, 2,007
transportation, residential, recreational, educational, cultural, 2,009
or research facility, including aviation facilities and waterport 2,010
facilities, USEFUL FOR, OR IN FURTHERANCE OF, ONE OR MORE 2,011
AUTHORIZED PURPOSES.
(H)(E) "Bonds" means bonds, notes, or other forms or 2,013
evidences of obligation issued in temporary or definitive form, 2,014
including notes issued in anticipation of the issuance of bonds 2,015
and renewal notes.
(F) "CONSTRUCTION," UNLESS THE CONTEXT INDICATES A 2,017
DIFFERENT MEANING OR INTENT, INCLUDES ALTERATION, CONSTRUCTION, 2,018
CREATION, DEVELOPMENT, ENLARGEMENT, IMPROVEMENT, INSTALLATION, 2,019
RECONSTRUCTION, REMODELING, AND RENOVATION. 2,021
(G) "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP, OR 2,023
CORPORATION, OR ANY COMBINATION THEREOF. 2,025
(H) "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL 2,028
SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF 2,029
ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT 2,030
AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL 2,031
SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE. "CONTRACTING 2,032
SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT. 2,033
(I) "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT 2,036
LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT 2,037
AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT 2,038
DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL 2,039
AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT, 2,040
REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT, 2,042
AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS 2,043
STATE. "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A 2,044
TRANSPORTATION IMPROVEMENT DISTRICT.
Sec. 4582.02. Any municipal corporation, township, county, 2,053
or any combination of a municipal corporation, municipal 2,054
49
corporations, township, townships, county, or counties, no one 2,055
NONE of which has been WAS included in a port authority in 2,056
existence on December 16, 1964, comprising more than one 2,057
subdivision, may create a port authority. A municipal 2,058
corporation shall act by ordinance, a township shall act by
resolution of the township trustees, and a county shall act by 2,060
resolution of the county commissioners, in authorizing the
creation of a port authority. A port authority created pursuant 2,061
to this section is a body corporate and politic which THAT may 2,062
sue and be sued, plead and be impleaded, and has the powers and 2,063
jurisdiction enumerated in sections 4582.01 to 4582.20, 2,064
inclusive, of the Revised Code. The exercise by such THE port 2,065
authority of the powers conferred upon it shall be deemed 2,066
CONSIDERED to be essential governmental functions of this state, 2,067
but no port authority is immune from liability by reason thereof. 2,068
Sec. 4582.023. Any political subdivision within the 2,077
jurisdiction of a port authority may appropriate and expend 2,078
public funds not otherwise appropriated to finance or subsidize 2,079
the OPERATION AND AUTHORIZED purposes of the port authority so 2,080
created.
Subject to making due provisions for payment and 2,082
performance of its obligations, a port authority may be dissolved 2,083
by the subdivision or subdivisions creating it, and in such THAT 2,084
event the properties of the port authority shall be transferred 2,085
to the subdivision creating it, or, if created by more than one 2,086
subdivision, to the subdivisions creating it in such manner as 2,087
may be agreed upon between such THE subdivisions PRIOR TO THE 2,088
DISSOLUTION OF THE PORT AUTHORITY. 2,089
Sec. 4582.03. (A) A port authority created in accordance 2,099
with section 4582.02 of the Revised Code shall be governed by a 2,100
board of directors. Members of a board of directors of a port 2,101
authority created by the exclusive action of a municipal 2,102
corporation shall consist of the number of members it deems 2,103
CONSIDERS necessary and SHALL be appointed by the mayor with the 2,104
50
advice and consent of the council. Members of a board of 2,106
directors of a port authority created by the exclusive action of 2,107
a township shall consist of such members as it deems CONSIDERS 2,108
necessary and shall be appointed by the township trustees of such 2,109
THE township. Members of a board of directors of a port 2,110
authority created by the exclusive action of a county shall 2,112
consist of such members as it deems CONSIDERS necessary and SHALL 2,113
be appointed by the county commissioners of such THE county. 2,114
Members of a board of directors of a port authority created by a 2,116
combination of political subdivisions shall be divided among such 2,117
THE political subdivisions in such proportions as such THE 2,118
political subdivisions may agree and SHALL BE appointed BY THE 2,119
PARTICIPATING POLITICAL SUBDIVISIONS in the same manner as this 2,120
section provides for their THE appointment when such OF MEMBERS 2,121
BY A political subdivision creates CREATING its own port 2,122
authority. When a port authority is created by a combination of 2,123
political subdivisions, the number of directors composing 2,124
COMPRISING the board shall be determined by agreement between 2,126
such THE political subdivisions, WHICH NUMBER FROM TIME TO TIME 2,127
MAY BE CHANGED BY AMENDMENT OF THE AGREEMENT. The appointing 2,128
body may at any time remove a director appointed by it for 2,130
misfeasance, nonfeasance, or malfeasance in office.
Each director A MAJORITY OF THE DIRECTORS shall have been a 2,133
qualified elector ELECTORS of, or shall have had his business 2,134
THEIR BUSINESSES or place PLACES of employment in, one or more 2,136
political subdivisions within the area of the jurisdiction of the 2,137
port authority, for a period of at least three years next
preceding his THEIR appointment. 2,138
The directors of any port authority first appointed shall 2,140
serve staggered terms. Thereafter each successor shall serve for 2,141
a term of four years, except that any person appointed to fill a 2,142
vacancy shall be appointed to only the unexpired term and any 2,143
director is eligible for reappointment. 2,144
THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL 2,146
51
OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR 2,147
MEETINGS OF THE BOARD. IF A DIRECTOR IS SO REMOVED, A SUCCESSOR 2,148
SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR 2,150
IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. 2,151
The directors shall elect one of their membership as 2,153
chairman, CHAIRPERSON and another as vice chairman 2,154
VICE-CHAIRPERSON and shall designate their terms of office, and 2,155
shall appoint a secretary who need not be a director. A majority 2,156
of the board of directors shall constitute a quorum, the 2,157
affirmative vote of which shall be necessary for any action taken 2,159
by the port authority. No vacancy in the membership of the board 2,160
shall impair the rights of a quorum to exercise all the rights 2,161
and perform all the duties of the port authority. 2,162
Each member of the board of directors of a port authority 2,164
shall be entitled to receive from the port authority such sum of 2,165
money as the board of directors may determine as compensation for 2,166
his services as director and reimbursement for his reasonable 2,167
expenses in the performance of his OFFICIAL duties. 2,168
(B) Except for civil actions that arise out of the 2,170
operation of a motor vehicle and civil actions in which the port 2,171
authority is the plaintiff, no director, officer, or employee of 2,172
a port authority shall be liable in any civil action that arises 2,173
under the law of this state for damage or injury caused in the 2,174
performance of his OFFICIAL duties, unless the director's, 2,175
officer's, or employees's EMPLOYEE'S actions were manifestly 2,176
outside the scope of his THE DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S 2,178
employment or official responsibilities, or unless the director, 2,179
officer, or employee acted with malicious purpose, in bad faith,
or in a wanton or reckless manner. 2,180
This section does not eliminate, limit, or reduce any 2,182
immunity from civil liability that is conferred upon a director, 2,183
officer, or employee by any other provision of the Revised Code 2,184
or by case law. 2,185
(C)(1) A port authority shall, except as provided in 2,187
52
division (B) of this section, SHALL indemnify a director, 2,188
officer, or employee from liability incurred in the performance 2,189
of his OFFICIAL duties by paying any judgment in, or amount 2,190
negotiated in settlement of, any civil action arising under 2,192
federal law, the law of another state, or the law of a foreign 2,193
jurisdiction. The reasonableness of the amount of any consent 2,194
judgment or settlement is subject to the review and approval of 2,195
the board of DIRECTORS OF the port authority. The maximum 2,196
aggregate amount of indemnification paid directly from funds to 2,197
or on behalf of any director, officer, or employee pursuant to 2,198
this division shall be one million dollars per occurrence, 2,199
regardless of the number of persons who suffer damage, injury, or 2,200
death as a result of the occurrence.
(2) A port authority shall not indemnify a director, 2,202
officer, or employee under any of the following circumstances: 2,203
(a) To the extent the director, officer, or employee is 2,205
covered by a policy of insurance for civil liability purchased by 2,206
the port authority; 2,207
(b) When the director, officer, or employee acts 2,209
manifestly outside the scope of his THE DIRECTOR'S, OFFICER'S, OR 2,210
EMPLOYEE'S employment or official responsibilities, with 2,211
malicious purpose, in bad faith, or in a wanton or reckless 2,212
manner;
(c) For any portion of a judgment that represents punitive 2,214
or exemplary damages; 2,215
(d) For any portion of a consent judgment or settlement 2,217
that is unreasonable. 2,218
(3) The port authority may purchase a policy or policies 2,220
of insurance on behalf of directors, officers, and employees of 2,221
the port authority from an insurer or insurers licensed to do 2,222
business in this state providing coverage for damages in 2,223
connection with any civil action, demand, or claim against the 2,224
director, officer, or employee by reason of an act or omission by 2,225
the director, officer, or employee occurring in the performance 2,226
53
of his OFFICIAL duties and not coming within the terms of 2,227
division (C)(2)(b) of this section. 2,229
(4) This section does not affect any of the following: 2,231
(a) Any defense that would otherwise be available in an 2,233
action alleging personal liability of a director, officer, or 2,234
employee; 2,235
(b) The operation of section 9.83 of the Revised Code. 2,237
Sec. 4582.04. (A) A port authority created in accordance 2,246
with section 4582.02 of the Revised Code shall employ and fix the 2,247
qualifications, duties, and compensation of such ANY employees 2,248
and professional help as it may require to conduct the business 2,249
of the port and may appoint an advisory board, which shall serve 2,250
without compensation. Any employee may be suspended or 2,251
dismissed, and the services of professional help may be 2,252
terminated at any time by the port authority. 2,253
(B) A port authority may provide for the administration 2,255
and enforcement of the laws of the state by employing special 2,256
policemen, POLICE OFFICERS and may seek the assistance of other 2,257
appropriate law enforcement officers to enforce its regulations 2,258
and maintain order. 2,259
(C) Special policemen POLICE OFFICERS employed by a port 2,261
authority shall serve as a security force POLICE OFFICERS with 2,262
respect to the property, grounds, buildings, equipment, and 2,263
facilities under the control of the port authority, to prevent 2,265
hijacking of aircraft or watercraft, protect the property of the 2,266
authority AND THE PROPERTY OF OTHERS LOCATED THEREON, suppress 2,267
nuisances and disturbances and breaches of the peace, AND enforce 2,268
laws AND THE RULES OF THE PORT AUTHORITY for the preservation of 2,269
good order. In performing their duties, special policemen POLICE 2,271
OFFICERS are vested with the same powers of arrest as police 2,272
officers under section 2935.03 of the Revised Code.
ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT 2,274
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF 2,275
THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS 2,278
54
DEFINED IN SECTION 742.01 OF THE REVISED CODE. 2,280
Sec. 4582.041. (A) Any A port authority created under 2,289
section 4582.02 of the Revised Code may procure and pay all or 2,290
any part of the cost of group hospitalization, surgical, major 2,291
medical, sickness and accident insurance, or group life 2,292
insurance, or a combination of any of the foregoing types of 2,293
insurance or coverage for full-time employees and their immediate 2,294
dependents FAMILIES, issued by an insurance company duly 2,295
authorized to do business in this state. 2,297
(B) Any A port authority also may procure and pay all or 2,299
any part of the cost of a plan of group hospitalization, 2,300
surgical, or major medical, OR SICKNESS AND ACCIDENT insurance 2,301
with a health insuring corporation holding a certificate of 2,303
authority under Chapter 1751. of the Revised Code, provided that 2,304
each full-time employee shall be permitted to: 2,306
(1) Exercise an option between a plan offered by an 2,308
insurance company as provided in division (A) of this section and 2,310
such a plan offered by a health insuring corporation under this 2,311
division, on the condition that the full-time employee shall pay 2,313
any amount by which the cost of the plan offered in this division 2,314
exceeds the cost of the plan offered under division (A) of this 2,315
section; and
(2) Change from one of the two plans to the other at a 2,317
time each year as determined by the port authority. 2,318
(C) A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE 2,321
OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON 2,322
ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER 2,323
GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE 2,324
EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES. A PORT 2,325
AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT 2,326
SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR 2,327
MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE. 2,328
Sec. 4582.05. The area of jurisdiction of a port authority 2,337
created in accordance with section 4582.02 of the Revised Code 2,339
55
shall include all of the territory of the political subdivision 2,341
or subdivisions creating it, provided that in no case OTHER THAN 2,343
AS MAY RESULT FROM THE DETERMINATION OF A PORT AUTHORITY UNDER 2,344
DIVISION (C) OF SECTION 4582.201 OF THE REVISED CODE TO CHANGE
THE PROVISIONS OF CHAPTER 4582. OF THE REVISED CODE THAT GOVERN 2,345
ITS OPERATION, shall the same area be included in more than one 2,346
port authority. 2,347
Sec. 4582.06. A port authority created in accordance with 2,356
section 4582.02 of the Revised Code may: 2,357
(A) Purchase ACQUIRE, construct, reconstruct, enlarge, 2,359
improve FURNISH, equip, develop MAINTAIN, REPAIR, sell, exchange, 2,361
lease TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, convey other 2,362
interests in, and OR operate port authority facilities REAL OR 2,363
PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL 2,364
FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, and make 2,365
charges for the use thereof OF ANY PORT AUTHORITY FACILITY, which 2,366
shall be not less than the charges established for the same 2,367
services furnished by a public utility or common carrier in the 2,368
JURISDICTION OF THE particular port authority jurisdiction; 2,369
(B) Straighten, deepen, and improve any canal, channel, 2,371
river, stream, or other water course or way which THAT may be 2,373
necessary or proper in the development of the facilities of such
THE port AUTHORITY; 2,374
(C) Acquire, own, hold, sell, lease, or operate real or 2,376
personal property for the authorized purposes of the port 2,377
authority; 2,378
(D) Issue bonds or notes for the acquisition or, 2,380
construction, FURNISHING, OR EQUIPPING OF ANY REAL OR PERSONAL 2,381
PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR 2,382
IN FURTHERANCE of any permanent improvement which a port 2,383
authority is authorized to acquire or construct PURPOSE, in 2,384
compliance with Chapter 133. of the Revised Code, except that 2,386
such THE bonds or notes may only MAY be issued pursuant to a vote 2,387
of the electors residing within the territory of the port 2,389
56
authority. The net indebtedness incurred by a port authority 2,390
shall never exceed two per cent of the total value of all 2,391
property within the territory comprising such THE authority as 2,392
listed and assessed for taxation.
(E)(D) By resolution of its board of directors, issue 2,394
revenue bonds beyond the limit of bonded indebtedness provided by 2,395
law, for the purpose of acquiring, constructing, or developing 2,396
any port authority facility, other than a residential facility 2,397
ACQUISITION, CONSTRUCTION, FURNISHING, OR EQUIPPING OF ANY REAL 2,398
OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, 2,399
USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, 2,400
including all costs in connection with or incidental to such 2,401
acquisition, construction, or development THERETO. Pursuant to 2,402
Section 13 of Article VIII, Ohio Constitution, and in order to 2,404
create or preserve jobs and employment opportunities and improve 2,405
the economic welfare, the port authority may loan moneys for or 2,406
acquire, construct, reconstruct, develop, enlarge, improve, 2,407
furnish, equip, sell, exchange, lease, convey other interests in, 2,408
or lease with a contract or option to purchase, at such amount as 2,409
the board of directors in its sole discretion may determine, real 2,410
property, machinery, equipment, plants, factories, offices, and 2,411
other structures and facilities for industry, commerce, 2,412
distribution, and research, provided that when the costs thereof 2,413
are to be paid by the port authority, the acquisition, 2,414
construction, reconstruction, development, enlargement, 2,415
improvement, and equipment of such property, plants, factories, 2,416
offices, and other structures and facilities shall only be 2,417
financed from the proceeds of revenue bonds issued under 2,418
authority of this division or in a manner consistent with Section 2,419
13 of Article VIII, Ohio Constitution. 2,420
The port authority may construct, reconstruct, equip, or 2,422
operate any facilities which it is authorized to acquire, 2,423
purchase, or lease. Any sale, lease, lease with option to 2,424
purchase, conveyance of other interests in, or contract for 2,425
57
acquiring, constructing, reconstructing, operating, developing, 2,426
enlarging, improving, or equipping any real property, plant, 2,427
factory, office, or other structure or facility for industry, 2,428
commerce, distribution, recreation, and research shall be made in 2,429
such manner as is determined by the board of directors and shall 2,430
not be subject to the provisions of section 4582.12 of the 2,431
Revised Code. The 2,432
THE revenue bonds of the port authority shall be secured 2,435
only by a pledge of and a lien on the revenues of the port 2,436
authority derived from THOSE loan payments, rentals, fees,
charges, or other revenues from any improvements and facilities 2,437
as THAT are designated in the resolution, including, but not 2,438
limited to the improvements and facilities, ANY PROPERTY to be 2,440
financed from or constructed, developed, or acquired, 2,441
CONSTRUCTED, FURNISHED, OR EQUIPPED with the proceeds of the bond 2,442
issue, after provision only for the reasonable cost of operating, 2,443
maintaining, and repairing the improvements and facilities 2,444
PROPERTY of the port authority so designated. The bonds may 2,446
further be secured by the covenant of the port authority to 2,447
maintain such rates or charges as THAT will produce revenues 2,448
sufficient to meet THE costs of operating, maintaining, and 2,450
repairing such improvements and facilities PROPERTY and to meet 2,451
the interest and principal requirements of such THE bonds and to 2,452
establish and maintain reserves for the foregoing purposes. The 2,453
board of directors may, by resolution, MAY provide for the 2,454
issuance of additional revenue bonds from time to time, such 2,455
bonds to be secured equally and ratably, without preference, 2,456
priority, or distinction, with outstanding revenue bonds, but 2,457
subject to the terms and limitations of any trust agreement 2,458
described in this section, and of any resolution authorizing 2,459
bonds then outstanding. The board of directors may, by 2,460
resolution, MAY designate additional improvements and facilities 2,461
PROPERTY of the port authority, the revenues of which shall be 2,462
pledged and be subject to a lien for service THE PAYMENT of the 2,463
58
principal and interest requirements of DEBT CHARGES ON revenue 2,464
bonds theretofore authorized by resolution of the board of 2,466
directors, to the same extent as the revenues above described. 2,467
In the discretion of the board of directors of the port 2,469
authority, the revenue bonds of the port authority may be secured 2,470
by a trust agreement between the board of directors on behalf of 2,471
the port authority and a corporate trustee, which trustee THAT 2,472
may be any trust company or bank having powers of a trust 2,473
company, within or without the state. 2,474
The trust agreement may provide for the pledge or 2,476
assignment of the revenues to be received, but shall not pledge 2,477
the general credit and taxing power of the port authority. A 2,478
trust agreement securing revenue bonds issued to acquire, 2,479
construct, reconstruct, develop, enlarge, improve FURNISH, or 2,480
equip real property, plants, factories, offices, and other 2,482
structures and facilities for industry, commerce, distribution, 2,483
and research AUTHORIZED PURPOSES CONSISTENT WITH SECTION 13 OR 16 2,484
OF ARTICLE VIII, OHIO CONSTITUTION, may mortgage the real or 2,486
personal property, or both A COMBINATION THEREOF, to be acquired, 2,487
constructed, reconstructed, developed, enlarged, or improved 2,489
FURNISHED, OR EQUIPPED from the proceeds of such revenue bonds, 2,490
as further security for such THE bonds. The trust agreement or 2,491
the resolution providing for the issuance of revenue bonds may 2,492
set forth the rights and remedies of the bondholders and trustee, 2,493
and may contain such other provisions for protecting and 2,494
enforcing their rights and remedies as THAT are DETERMINED in the 2,495
discretion of the board of directors TO BE reasonable and proper. 2,497
Such THE agreement or resolution may provide for the custody, 2,499
investment, and disbursement of all moneys derived from the sale 2,500
of such bonds, or from the revenues of the port authority, other 2,501
than those moneys received from taxes levied pursuant to section 2,502
4582.14 of the Revised Code, and may provide for the deposit of 2,503
such funds without regard to section 4582.15 of the Revised Code. 2,504
ALL BONDS ISSUED UNDER AUTHORITY OF THIS CHAPTER, 2,506
59
REGARDLESS OF FORM OR TERMS AND REGARDLESS OF ANY OTHER LAW TO 2,507
THE CONTRARY, SHALL HAVE ALL QUALITIES AND INCIDENTS OF 2,508
NEGOTIABLE INSTRUMENTS, SUBJECT TO PROVISIONS FOR REGISTRATION, 2,509
AND MAY BE ISSUED IN COUPON, FULLY REGISTERED, OR OTHER FORM, OR 2,510
ANY COMBINATION THEREOF, AS THE BOARD OF DIRECTORS DETERMINES. 2,511
PROVISION MAY BE MADE FOR THE REGISTRATION OF ANY COUPON BONDS AS 2,512
TO PRINCIPAL ALONE OR AS TO BOTH PRINCIPAL AND INTEREST, AND FOR 2,513
THE CONVERSION INTO COUPON BONDS OF ANY FULLY REGISTERED BONDS OR 2,514
BONDS REGISTERED AS TO BOTH PRINCIPAL AND INTEREST. 2,515
The revenue bonds shall bear interest at such rate or 2,517
rates, SHALL BEAR SUCH DATE OR DATES, and shall mature within 2,518
forty years following the date of issuance and in such amount, at 2,520
such TIME OR times, and in such number of installments, as may be 2,521
provided in OR PURSUANT TO the resolution authorizing their 2,522
issuance. ANY ORIGINAL ISSUE OF REVENUE BONDS SHALL MATURE NOT 2,523
LATER THAN FORTY YEARS FROM THEIR DATE OF ISSUE. Such resolution 2,524
shall also SHALL provide for the execution and sealing of the 2,525
bonds and the use of, WHICH MAY BE BY facsimile signatures and 2,526
facsimile of the seal, UNLESS PROHIBITED BY THE RESOLUTION, AND 2,527
the manner of sale of the bonds, and such. THE RESOLUTION SHALL 2,528
PROVIDE FOR, OR PROVIDE FOR THE DETERMINATION OF, ANY other terms 2,529
and conditions relative to the issuance, sale, and retirement of 2,531
said THE bonds as THAT the board of directors in their ITS 2,532
discretion believe DETERMINES TO BE reasonable and proper. 2,533
Whenever a port authority considers it expedient, it may 2,535
issue renewal notes and refund any bonds, whether the bonds to be 2,536
refunded have or have not matured. THE FINAL MATURITY OF ANY 2,537
NOTES, INCLUDING ANY RENEWAL NOTES, SHALL NOT BE LATER THAN FIVE 2,538
YEARS FROM THE DATE OF ISSUE OF THE ORIGINAL ISSUE OF NOTES. The 2,539
FINAL MATURITY OF ANY refunding bonds shall NOT BE LATER THAN THE 2,540
LATER OF FORTY YEARS FROM THE DATE OF ISSUE OF THE ORIGINAL ISSUE 2,542
OF BONDS OR THE DATE BY WHICH IT IS EXPECTED, AT THE TIME OF 2,543
ISSUANCE OF THE REFUNDING BONDS, THAT THE USEFUL LIFE OF ALL OF 2,544
THE PROPERTY, OTHER THAN INTERESTS IN LAND, REFINANCED WITH 2,545
60
PROCEEDS OF THE BONDS WILL HAVE EXPIRED. THE REFUNDING BONDS 2,546
SHALL be sold and the proceeds applied to the purchase, 2,547
redemption, or payment of the bonds to be refunded AND THE COSTS 2,548
OF ISSUANCE OF THE REFUNDING BONDS. The bonds and notes issued 2,549
under this chapter, their transfer, and the income therefrom, 2,550
shall at all times be free from taxation within the state. 2,551
(F)(E) DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS 2,554
IN ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, 2,555
INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS, 2,556
FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED 2,557
TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR 2,558
SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE 2,559
VIII, OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE DISCRETION MAY 2,561
DETERMINE:
(1) LOAN MONEYS TO ANY PERSON FOR THE ACQUISITION, 2,564
CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE PROPERTY; 2,565
(2) ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND 2,567
EQUIP THE PROPERTY; 2,568
(3) SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS 2,570
IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER 2,571
INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR 2,573
GOVERNMENTAL ENTITY;
(4) GUARANTEE THE OBLIGATIONS OF ANY PERSON OR 2,575
GOVERNMENTAL ENTITY.
A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR 2,577
THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY 2,578
OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY 2,579
DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE 2,580
INVESTMENT OF FUNDS BY A PORT AUTHORITY. 2,581
(F) CONSTRUCT, MAINTAIN, REPAIR, FURNISH, EQUIP, SELL, 2,584
EXCHANGE, LEASE, OR LEASE WITH AN OPTION TO PURCHASE, ANY 2,585
PROPERTY THAT IT IS AUTHORIZED TO ACQUIRE. A PORT AUTHORITY THAT 2,586
IS SUBJECT TO THIS SECTION ALSO MAY OPERATE ANY PROPERTY IN 2,588
CONNECTION WITH TRANSPORTATION, RECREATIONAL, GOVERNMENTAL 2,589
61
OPERATIONS, OR CULTURAL ACTIVITIES. 2,590
(1) ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN 2,593
OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER 2,594
CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO 2,595
THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING, 2,596
EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY 2,597
COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF 2,598
AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII, 2,600
OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO 2,602
SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF 2,603
DIRECTORS IN ITS DISCRETION.
(2) DIVISION (F)(1) OF THIS SECTION APPLIES TO ALL 2,605
CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY 2,606
OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING, 2,607
WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF 2,609
COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE
PROVISION OF SECURITY. 2,610
(3) DIVISIONS (F)(1) AND (2) OF THIS SECTION DO NOT APPLY 2,613
TO EITHER OF THE FOLLOWING:
(a) ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS 2,616
RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A 2,617
PLEDGE OF MONEYS RAISED BY TAXATION; 2,618
(b) ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID 2,621
EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY. FOR 2,622
THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT 2,623
AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS, 2,624
CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT 2,625
EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF 2,626
THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY 2,627
ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM 2,628
GENERAL REVENUES.
(G) Apply to the proper authorities of the United States 2,630
pursuant to appropriate law for the right to establish, operate, 2,631
and maintain foreign trade zones and to establish, operate, and 2,632
62
maintain such foreign trade zones; and purchase, lease, or TO 2,634
acquire land or property therefor, in a manner consistent with
section 4582.17 of the Revised Code; 2,635
(G)(H) Exercise the right of eminent domain to appropriate 2,637
any land, rights, rights-of-way, franchises, easements, or other 2,638
property, necessary or proper for the construction or the 2,639
efficient operation of any facility of the port authority and 2,640
included in its official plan ANY AUTHORIZED PURPOSE, pursuant to 2,641
the procedure provided in sections 163.01 to 163.22 of the 2,643
Revised Code, if funds equal to the appraised value of the 2,644
property to be acquired as the A result of such proceedings, are 2,645
on hand and available for such purposes THAT PURPOSE, except 2,647
that:
(1) Nothing NOTHING contained in sections 4582.01 to 2,649
4582.20 of the Revised Code, shall authorize a port authority to 2,650
take or disturb property or facilities belonging to any public 2,651
corporation AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, public 2,652
utility, or common carrier, which property or facilities are 2,654
necessary and convenient in the operation of such public 2,655
corporation THE AGENCY OR POLITICAL SUBDIVISION, public utility, 2,656
or common carrier, unless provision is made for the restoration, 2,657
relocating RELOCATION, or duplication of such THE property or 2,658
facilities, or upon the election of such public corporation THE 2,660
AGENCY OR POLITICAL SUBDIVISION, public utility, or common 2,661
carrier, for the payment of compensation, if any, at the sole 2,662
cost of the port authority, provided that: 2,663
(a)(1) If any restoration or duplication proposed to be 2,665
made pursuant to this section involves a relocation of such 2,666
property or facilities, the new facilities and location shall be 2,667
of at least comparable utilitarian value and effectiveness, and 2,668
such THE relocation shall not impair the ability of the public 2,669
utility or common carrier to compete in its original area of 2,670
operation.
(b)(2) If any restoration or duplication made pursuant to 2,672
63
this section involves a relocation of such property or 2,673
facilities, the port authority shall acquire no interest or right 2,674
in or to the appropriated property or facilities, except as 2,675
provided in division (J)(K) of this section, until the relocated 2,677
property or facilities are available for use and until marketable 2,678
title thereto has been transferred to the public utility or 2,679
common carrier. 2,680
(c)(3) Provisions for restoration or duplication shall be 2,682
described in detail in the resolution for appropriation passed by 2,683
the port authority. 2,684
(H)(I) Enjoy and possess the same rights, privileges, and 2,686
powers granted municipal corporations under sections 721.04 to 2,687
721.11 of the Revised Code; 2,688
(I)(J) Maintain such funds as it considers necessary; 2,690
(J)(K) Direct its agents or employees, when properly 2,692
identified in writing, and after at least five days' written 2,693
notice, to enter upon lands within the confines of its 2,694
jurisdiction in order to make surveys and examinations 2,695
preliminary to location and construction of works for the 2,696
purposes of the port authority, without liability of the port 2,697
authority or its agents or employees except for actual damage 2,698
done; 2,699
(K)(L) Sell, lease, or convey other interests in real and 2,701
personal property and grant easements or rights-of-way over 2,702
property of the port authority. The board of directors of the 2,703
port authority shall specify the consideration and any terms 2,704
thereof for such THE sale, lease, or conveyance of other 2,705
interests in real and personal property. Any determinations made 2,707
by the board of directors under this division shall be 2,708
conclusive. Such THE sale, lease, or conveyance may be made 2,709
without advertising and the receipt of bids. 2,710
(L)(M) Promote, advertise, and publicize the port 2,712
authority facilities and its authorized purposes, provide 2,713
information to persons with an interest in transportation and 2,714
64
other port authority activities, and appear before rate-making 2,715
authorities to represent and promote the interests of the port 2,716
authority and its authorized purposes; 2,717
(M)(N) Adopt rules, not in conflict with general law, 2,719
governing the use of AND THE SAFEGUARDING OF its property, 2,720
grounds, buildings, equipment, and facilities, SAFEGUARDING 2,722
PERSONS AND THEIR PROPERTY LOCATED ON OR IN PORT AUTHORITY 2,723
PROPERTY, and governing the conduct of its employees and the 2,725
public, in order to promote the public safety and convenience in 2,726
and about its terminals and grounds, and to maintain order. Any
such regulation shall be posted at a prominent place in each of 2,728
the buildings, terminals, or facilities to which it applies NO 2,729
LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED 2,730
BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN
DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE 2,731
PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS 2,732
HOURS. No person shall violate any lawful regulation adopted and 2,733
posted as provided in this division. 2,734
(N)(O) Do all acts necessary or appropriate to carry out 2,736
its authorized purposes. The port authority shall have the 2,737
powers and rights granted to other subdivisions under section 2,738
9.20 of the Revised Code. 2,739
Sec. 4582.091. (A) FINANCIAL AND PROPRIETARY INFORMATION, 2,742
INCLUDING TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER 2,743
TO A PORT AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY 2,744
CONTRACT TO PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT 2,745
AUTHORITY, IN CONNECTION WITH THE RELOCATION, LOCATION,
EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THAT 2,746
EMPLOYER IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF THE 2,747
REVISED CODE. ANY OTHER INFORMATION SUBMITTED BY SUCH AN 2,750
EMPLOYER UNDER SUCH CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT 2,751
TO SECTION 149.43 OF THE REVISED CODE UNTIL THAT EMPLOYER COMMITS 2,753
IN WRITING TO PROCEED WITH THE RELOCATION, LOCATION, EXPANSION, 2,754
IMPROVEMENT, OR PRESERVATION.
65
(B) NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE, 2,758
THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF 2,759
TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (A) OF 2,761
THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN 2,762
CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS 2,763
SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT 2,764
INFORMATION PURSUANT TO A VOTE OF A MAJORITY OF THE MEMBERS 2,765
PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE 2,766
CONSIDERED. NO OTHER MATTERS SHALL BE CONSIDERED DURING THE 2,767
CLOSED SESSION. 2,768
Sec. 4582.10. The port authority shall foster and 2,777
encourage the participation of private enterprise in the 2,778
development of port authority facilities to the fullest extent it 2,779
considers practicable in the interest of limiting the necessity 2,780
of construction and operation of such THOSE facilities by the 2,781
port authority. For this purpose the port authority shall upon a 2,782
written request by any person, partnership, or corporation, filed 2,783
with the secretary of the board of directors within thirty days 2,784
following the journalization of the order of the adoption of an 2,785
official plan as provided in sections 4582.07 and 4582.08 of the 2,786
Revised Code, submit a proposal to provide, operate, and maintain 2,787
any facility included in such plan, by publication of and 2,788
invitation for bids therefor based upon specifications prepared 2,789
by the board of directors. 2,790
The board of directors may accept, subject to section 2,792
123.151 of the Revised Code, the bid of the person, partnership, 2,793
or corporation it considers best qualified by financial 2,794
responsibility and business experience to construct and operate 2,795
such facility or facilities in accordance with its official plan. 2,796
Sec. 4582.11. Nothing contained in sections 4582.01 to 2,805
4582.16, inclusive, of the Revised Code shall: 2,806
(A) Impair the provisions of law or ordinance directing 2,808
the payment of revenues derived from public property into sinking 2,809
funds or dedicating such THOSE revenues to specific purposes; 2,810
66
(B) Impair the powers of any county, township, or 2,812
municipal corporation to develop or improve port and terminal 2,813
facilities except as restricted by section 4582.16 of the Revised 2,815
Code;
(C) Enlarge, alter, diminish, or affect in any way, any 2,817
lease or conveyance made, or action taken prior to the creation 2,818
of a port authority in accordance with section 4582.02 of the 2,819
Revised Code by any municipal corporation under the provisions of 2,820
sections 721.04 to 721.11, inclusive, of the Revised Code, or by 2,821
any county under the provisions of section 307.65 of the Revised 2,822
Code;
(D) Impair or interfere with the exercise of any permit 2,824
for the removal of sand or gravel, or other similar permits 2,825
issued by this state or the United States; 2,826
(E) IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS. 2,828
Sec. 4582.12. (A) Except as otherwise provided in 2,837
division (E) of section 307.671 of the Revised Code, division (A) 2,838
of this section does not apply to a port authority educational 2,839
and cultural facility acquired, constructed, and equipped 2,840
pursuant to a cooperative agreement entered into under section 2,841
307.671 of the Revised Code. 2,842
When EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 2,844
WHEN the cost of a contract for the creation, construction, 2,845
alteration, or repair of any port authority facilities BUILDING, 2,846
STRUCTURE, OR OTHER IMPROVEMENT undertaken by a port authority 2,847
created in accordance with section 4582.02 of the Revised Code 2,849
involves an expenditure exceeding ten TWENTY-FIVE thousand 2,850
dollars and the port authority is the contracting entity, the 2,851
port authority shall make a written contract after complying with 2,852
section 123.151 of the Revised Code and after notice calling for 2,853
bids for the award of the contract has been given by publication 2,854
as provided by section 4582.01 of the Revised Code TWICE, WITH AT 2,855
LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 2,856
CIRCULATION IN THE AREA OF THE JURISDICTION OF THE PORT 2,857
67
AUTHORITY. No EACH SUCH contract shall be let except to the 2,859
lowest responsive and responsible bidder in accordance with 2,860
section 9.312 of the Revised Code. Every contract let shall be in 2,861
writing and if the contract involves work or construction, it 2,862
shall be accompanied by or shall refer to plans and 2,863
specifications for the work to be done, prepared for and approved 2,864
by the port authority, signed by the chairman AN AUTHORIZED 2,865
OFFICER of the port authority and by the contractor, and shall be 2,867
executed in triplicate.
Each bid shall be awarded in accordance with sections 2,869
153.54, 153.57, and 153.571 of the Revised Code. 2,870
The port authority may reject any and all bids. 2,872
(B) THE BOARD OF DIRECTORS OF A PORT AUTHORITY BY RULE MAY 2,874
PROVIDE CRITERIA FOR THE NEGOTIATION AND AWARD WITHOUT 2,875
COMPETITIVE BIDDING OF ANY CONTRACT AS TO WHICH THE PORT 2,876
AUTHORITY IS THE CONTRACTING ENTITY FOR THE CONSTRUCTION OF ANY 2,877
BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDER ANY OF THE 2,878
FOLLOWING CIRCUMSTANCES: 2,879
(1) THERE EXISTS A REAL AND PRESENT EMERGENCY THAT 2,881
THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT 2,882
AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING 2,884
THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION 2,885
AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE 2,886
SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT 2,887
CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE 2,888
ATTACHED TO THE CONTRACT. 2,889
(2) A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR 2,891
SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE 2,892
ARTICULATED FOR THE IMPROVEMENT. 2,893
(3) THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS 2,895
DEFINED IN SECTION 307.041 OF THE REVISED CODE. 2,896
(4) WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE 2,898
IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE 2,899
MATERIAL. 2,900
68
(5) A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER 2,902
COMPLYING WITH THE PROVISIONS OF DIVISION (A) OF THIS SECTION. 2,904
(C)(1) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED 2,907
WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 2,908
(B)(2) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A NOTICE 2,910
CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT LEAST 2,911
SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 2,912
CIRCULATION IN THE AREA OF THE PORT AUTHORITY. AFTER RECEIPT OF 2,913
THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH 2,914
AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING 2,915
THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT 2,916
AUTHORITY.
(2) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT 2,918
COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION (B)(4) 2,920
OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO THE 2,921
INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY BE 2,922
PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER OF 2,923
THAT MATERIAL. 2,924
(D) No contract for the creation, construction, 2,926
alteration, or repair of any building, structure, or other 2,927
improvement and no loan agreement for the borrowing of funds for 2,928
any such improvement undertaken by a port authority, where the 2,929
port authority is the contracting entity, shall be executed 2,930
unless laborers and mechanics employed on such improvements are 2,931
paid at the prevailing rates of wages of laborers and mechanics 2,932
for the class of work called for by the improvement, which. THE 2,934
wages shall be determined in accordance with the requirements of
Chapter 4115. of the Revised Code for THE determination of 2,935
prevailing wage rates, provided that the requirements of this 2,936
section do not apply where the federal government or any of its 2,937
agencies furnishes by loan or grant all or any part of the funds 2,938
used in connection with such project and prescribes predetermined 2,939
minimum wages to be paid to such THE laborers and mechanics. 2,940
Sec. 4582.14. Upon the affirmative vote of at least a 2,949
69
majority of the qualified electors in a SPECIAL, primary, or 2,951
general election, within the port authority voting at an election 2,952
held for the purpose of authorizing same, the port authority may 2,953
levy upon the property within its jurisdiction a tax, for all 2,954
purposes including bond debt charges, not in excess of one mill 2,955
annually on the total value of all property as listed and 2,956
assessed for taxation for any period not exceeding five years, 2,957
except that when the tax is for the payment of bond debt charges, 2,958
such tax shall be for the life of the bond indebtedness. On 2,959
approval of such a levy, notes may be issued in anticipation of 2,960
the collection of the proceeds thereof, other than the proceeds 2,961
to be received for the payment of bond debt charges, in the 2,962
amount and manner and at the times as are provided in section 2,963
5705.193 of the Revised Code, for the issuance of notes by a 2,964
county in anticipation of the proceeds of a tax levy. The port 2,965
authority may borrow money in anticipation of the collection of 2,966
current revenues as provided in section 133.10 of the Revised 2,967
Code.
The board of directors of a port authority shall be the 2,969
taxing authority within sections 5705.01 and 133.10 of the 2,970
Revised Code. 2,971
Such tax shall be for the purpose of providing funds 2,973
necessary for the port authority budget and shall be certified 2,974
annually to the taxing authorities of the political subdivision 2,975
or subdivisions within the port authority. The collection of 2,976
such tax levy shall conform in all matters to the provisions of 2,977
the Revised Code governing the collection of taxes and 2,978
assessments levied by local taxing districts and the same 2,979
provisions concerning the nonpayment of taxes shall apply to 2,980
taxes levied pursuant to this section. 2,981
Sec. 4582.17. (A) A port authority created in accordance 2,990
with section 4582.02 of the Revised Code may enter into such 2,991
contracts or other arrangements with the United States 2,992
government, or any department thereof, with persons, railroads, 2,993
70
or other corporations, with public corporations, WITH PUBLIC 2,994
UTILITIES, and with the state government of this or other states, 2,996
WITH GOVERNMENTS OF FOREIGN COUNTRIES, with counties, 2,997
municipalities, townships, or other governmental agencies created 2,998
by or under the authority of the laws of this state, OTHER 2,999
STATES, OR GOVERNMENTS OF FOREIGN COUNTRIES, including sewerage, 3,000
drainage, conservation, conservancy, or other improvement 3,002
districts in this or other states as may be necessary or 3,003
convenient for the exercise of powers granted by sections 4582.01 3,004
to 4582.16 of the Revised Code, including the making of surveys, 3,005
investigations, or reports thereon; provided that such THE 3,006
contracts or arrangements shall not be in violation of Article
VIII of the Ohio Constitution. The port authority may purchase, 3,007
lease, or acquire land or other property in any county of this 3,008
state and in adjoining states for the accomplishment of an 3,009
authorized purpose PURPOSES of the port authority, or for the 3,010
improvement of the harbor and port facilities over which the port 3,011
authority may have jurisdiction, and may let contracts or spend 3,012
money for making such improvements or THOSE PURPOSES, INCLUDING 3,013
THE development of port facilities in adjoining states. The 3,015
authority granted in this section to enter into contracts or 3,016
other arrangements with the United States government or any 3,017
department thereof, includes the power to enter into any 3,018
contracts, arrangements, or agreements as may be necessary to 3,019
hold and save harmless the United States from damages due to the 3,020
construction and maintenance by the United States of such works 3,021
as the United States undertakes.
Any political subdivision which THAT has participated in 3,023
the creation of a port authority pursuant to section 4582.02 of 3,024
the Revised Code, or is within OR ADJACENT TO, the jurisdiction 3,026
of the port authority, may enter into an agreement, which may be 3,027
amended or supplemented, with the port authority to accomplish 3,028
any of the authorized purposes of the port authority. Such THE 3,029
agreement may provide for industrial, commercial, distribution, 3,030
71
educational, cultural, and research development within the 3,031
political subdivision and may set forth the extent to which the 3,032
port authority shall act as the agent of the political 3,033
subdivision. A port authority may mortgage its property, incur 3,034
debt, and issue its obligations as provided in division (E) of 3,035
section 4582.06 of the Revised Code for the purpose of acquiring, 3,036
constructing, improving, and equipping buildings, structures, and 3,037
other properties and acquiring sites therefor, for lease, sale, 3,038
or conveyance of other interests in such property by the port 3,039
authority. 3,040
(B) A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE 3,043
OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR 3,044
ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE 3,045
PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY 3,046
POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF 3,047
THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT 3,048
AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO 3,049
EXERCISE, PERFORM, OR RENDER. 3,050
UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE 3,052
LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND 3,053
ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE 3,054
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE 3,055
SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE 3,056
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY 3,057
OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT, 3,058
WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING 3,059
SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL 3,060
POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS 3,061
MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE 3,062
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE 3,063
AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY 3,064
CONTRACTING SUBDIVISION DIRECTLY. THE EXERCISE OF THOSE POWERS, 3,065
PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES 3,066
BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE 3,067
72
GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR 3,068
CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING 3,069
EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE 3,071
BEING RENDERED. ANY SUCH AGREEMENT SHALL NOT SUSPEND THE
POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF, 3,073
OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO 3,074
PERFORM ANY FUNCTION OR RENDER ANY SERVICE. A PORT AUTHORITY OR 3,075
ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY 3,076
AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR
EXEMPT TAXES OR ANY POWER OF EMINENT DOMAIN WITHIN, AND ON BEHALF 3,077
OF, ANY OTHER SUBDIVISION TO SUCH AN AGREEMENT UNLESS APPROVED BY 3,079
A MAJORITY OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION. 3,080
Sec. 4582.20. A port authority created under sections 3,089
4582.01 to 4582.20, inclusive, of the Revised Code, shall be 3,090
exempt from and shall not be required to pay any taxes on 3,092
property, both real and personal, OR ANY COMBINATION THEREOF, 3,093
belonging to any such port authority, which THAT is used 3,094
exclusively for any public AUTHORIZED purpose; provided, such 3,095
THIS exemption shall not apply to any property belonging to any 3,096
port authority while OCCUPIED AND USED DURING A TAX YEAR BY a 3,097
private enterprise PERSON WHO is a lessee of such THE property AS 3,099
OF THE TAX LIEN DATE FOR THAT TAX YEAR under A written lease 3,100
providing for a tenancy WITH A REMAINING TERM longer than one 3,101
year.
Sec. 4582.201. (A) Sections 4582.01 to 4582.20 of the 3,110
Revised Code apply exclusively to a port authority in existence 3,111
on the effective date of this section JULY 9, 1982, unless the 3,113
subdivision or subdivisions which THAT created such THE port 3,114
authority act pursuant to division (B) of this section. 3,116
(B) The subdivision or subdivisions which THAT created a 3,118
port authority in existence on the effective date of this section 3,119
JULY 9, 1982, may adopt a resolution or ordinance to permit the 3,121
port authority to operate under sections 4582.21 to 4582.59 of 3,122
the Revised Code. Upon SUBJECT TO DIVISION (C) OF THIS SECTION, 3,123
73
UPON adoption of such a resolution or ordinance, sections 4582.01 3,124
to 4582.20 of the Revised Code no longer apply. At the time the 3,125
resolution or ordinance is adopted, the subdivision or 3,126
subdivisions which THAT created the port authority may also MAY 3,128
act pursuant to division (B) of section 4582.22 of the Revised
Code to restrict the powers of the port authority. 3,129
(C) THE SUBDIVISION OR SUBDIVISIONS THAT HAVE ADOPTED A 3,132
RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF THIS SECTION MAY 3,133
ADOPT A RESOLUTION OR ORDINANCE TO PERMIT THE PORT AUTHORITY TO 3,134
RESUME OPERATING UNDER SECTIONS 4582.01 TO 4582.20 OF THE REVISED 3,136
CODE. UPON ADOPTION OF SUCH A RESOLUTION OR ORDINANCE AND 3,138
ADOPTION OF A SIMILAR RESOLUTION BY THE BOARD OF DIRECTORS OF THE 3,139
AFFECTED PORT AUTHORITY, SECTIONS 4582.21 TO 4582.59 OF THE 3,141
REVISED CODE SHALL NOT APPLY AND SECTIONS 4582.01 TO 4582.20 OF 3,143
THE REVISED CODE SHALL APPLY FROM AND AFTER THE TIME THE LAST 3,146
SUCH RESOLUTION OR ORDINANCE IS ADOPTED. A SUBDIVISION OR 3,147
SUBDIVISIONS THAT ACT UNDER DIVISION (C) OF THIS SECTION MAY NOT 3,148
THEREAFTER ADOPT A RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF 3,150
THIS SECTION.
Sec. 4582.202. Sections 4582.21 to 4582.59 of the Revised 3,159
Code apply exclusively to a port authority created after the 3,160
effective date of this section JULY 9, 1982, and to a port 3,161
authority in existence on the effective date of this section JULY 3,163
9, 1982, if the subdivision or subdivisions which THAT created 3,164
the port authority adopts ADOPT a resolution or ordinance 3,165
permitted under division (B) of section 4582.201 of the Revised 3,166
Code BUT HAVE NOT ADOPTED A RESOLUTION OR ORDINANCE UNDER 3,167
DIVISION (C) OF THAT SECTION TO RESUME OPERATING UNDER SECTIONS
4582.01 TO 4582.20 OF THE REVISED CODE. 3,168
Sec. 4582.21. As used in sections 4582.22 to 4582.59 of 3,178
the Revised Code: 3,179
(A) "Port authority" means a body corporate and politic 3,181
created pursuant to THE authority of section 4582.22 of the 3,182
Revised Code. A port authority created pursuant to section 3,183
74
4582.22 of the Revised Code need not be adjacent to, connected 3,184
with, or have located within its jurisdiction a body of water. 3,185
(B) "Submerged lands" means the lands presently underlying 3,187
the waters of Lake Erie or formerly underlying the waters of Lake 3,188
Erie and now artificially filled between the natural shoreline 3,189
and the harbor line or the line of commercial navigation where no 3,190
harbor line has been established. 3,191
(C) "Uplands" means lands contiguous to or fronting upon 3,193
any submerged lands in this state. 3,194
(D) Unless otherwise defined, "publication" means 3,196
publication once a week on the same day of the week for three 3,197
consecutive weeks in a newspaper of general circulation in the 3,198
county or counties wherein such publication is required to be 3,199
made. Publication shall be complete on the date of the last 3,200
publication. 3,201
(E) "Aviation facilities" means any facilities used, 3,203
available for use, or designed for use for the safe navigation, 3,204
landing or taking off of aircraft; for the safety, storage, 3,205
maintenance and repair of aircraft; for the comfort and 3,206
accommodations of the users of air transportation, including 3,207
persons, cargo, mail, and other property, and for the safe and 3,208
efficient operation and maintenance of airports and any care of 3,209
such facilities. 3,210
(F) AUTHORIZED PURPOSES" OR "PURPOSE" MEANS EITHER OF THE 3,212
FOLLOWING: 3,213
(1) ACTIVITIES THAT ENHANCE, FOSTER, AID, PROVIDE, OR 3,215
PROMOTE TRANSPORTATION, ECONOMIC DEVELOPMENT, HOUSING, 3,216
RECREATION, EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR 3,217
RESEARCH WITHIN THE JURISDICTION OF THE PORT AUTHORITY; 3,218
(2) ACTIVITIES AUTHORIZED BY SECTIONS 13 AND 16 OF ARTICLE 3,221
VIII, OHIO CONSTITUTION. 3,222
(C) "Governmental agency" means a department, division, or 3,224
other unit of state government OF THIS STATE OR ANY OTHER STATE, 3,225
a municipal corporation, county, township, or other political 3,227
75
subdivision, or any other public corporation or agency having the 3,228
power to acquire, construct, or operate port authority facilities 3,229
CREATED UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, the United 3,230
States, or any DEPARTMENT OR agency thereof, and any agency, 3,231
commission, or authority established pursuant to an interstate 3,232
compact or agreement.
(G)(D) "Person" means any individual, firm, partnership, 3,234
association, or corporation, or any combination thereof. 3,235
(H)(E) "Port authority facility" or "facility" means any 3,237
commercial, industrial, distribution, residential, recreational, 3,238
or research facility located within the jurisdiction of the port 3,239
authority, including, but not limited to, aviation facilities, 3,240
marinas, water ports, trucking terminals, railroad terminals, 3,241
warehouses, wharves, piers, docks, or transportation equipment, 3,242
together with all real and personal property, property rights, 3,243
easements, and interests that may be appropriate for the 3,244
operation of the facility. As used in division (H) of section 3,245
4582.33, and sections 4582.50 and 4582.52 of the Revised Code, 3,246
"port authority facility" or "facility" does not include 3,247
residential facilities REAL OR PERSONAL PROPERTY, OR ANY 3,248
COMBINATION THEREOF OWNED, LEASED, OR OTHERWISE CONTROLLED OR 3,250
FINANCED BY A PORT AUTHORITY AND RELATED TO, USEFUL FOR, OR IN 3,251
FURTHERANCE OF, ONE OR MORE AUTHORIZED PURPOSES. 3,252
(I)(F) "Cost" as applied to a port authority facility 3,254
means the cost of acquisition and OR construction of such THE 3,256
facility, and the cost of acquistion ACQUISITION of all land, 3,257
rights-of-way, property rights, easements, franchise rights, and 3,258
interests required for such THAT acquisition and OR construction, 3,260
the cost of demolishing or removing any buildings or structures 3,261
on land so acquired, including the cost of acquiring any lands to 3,262
which such THOSE buildings or structures may be moved, the cost 3,263
of acquiring or constructing and equipping a principal office of 3,264
the port authority, the cost of diverting highways, interchange 3,265
of highways, AND access roads to private property, including the 3,266
76
cost of land or easements for such THE access roads, the cost of 3,268
public utility and common carrier relocation or duplication, the 3,269
cost of all machinery, furnishings, and equipment, financing 3,270
charges, interest prior to and during construction and for no 3,271
more than eighteen months after completion of construction, 3,272
engineering, expenses of research and development with respect to 3,273
port authority facilities, legal expenses, plans, specifications, 3,274
surveys, studies, estimates of cost and revenues, working 3,275
capital, other expenses necessary or incident to determining the 3,276
feasibility or practicability of acquiring or construction such 3,277
CONSTRUCTING THE facility, administrative expense, and such other 3,279
expenses as may be necessary or incident to the acquisition or 3,280
construction of the facility, the financing of such THE 3,281
acquisition or construction, including the amount authorized in 3,283
the resolution of the port authority providing for the issuance 3,284
of port authority revenue bonds to be paid into any special funds 3,285
from the proceeds of such bonds and the financing of the placing 3,286
of such THE facility in operation. Any obligation, cost, or 3,287
expense incurred by any governmental agency or person for 3,288
surveys, borings, preparation of plans and specifications, and 3,289
other engineering services, or any other cost described above, in 3,290
connection with the acquisition or construction of a facility may 3,291
be regarded as part of the cost of such THE facility and may be 3,292
reimbursed out of the proceeds of port authority revenue bonds as 3,293
authorized by this chapter. 3,294
(J) "Owner" includes a person having any title or interest 3,296
in any property, rights, easements, or interests authorized to be 3,297
acquired by sections 4582.21 to 4582.59 of the Revised Code. 3,298
(K)(G) "Revenues" means all rentals and other charges 3,300
received by the port authority for the use or services of any 3,301
port authority facility, any gift or grant received with respect 3,302
to any port authority facility, any moneys received with respect 3,303
to the lease, sublease, sale, including installment sale or 3,304
conditional sale, or other disposition of a port authority 3,305
77
facility, moneys received in repayment of and for interest on any 3,306
loans made by the port authority to a person or governmental 3,307
agency, whether from the United States or any department, 3,308
administration, or agency thereof, or otherwise, proceeds of such 3,309
port authority revenue bonds to the extent the use thereof for 3,310
payment of principal or of premium, if any, or interest on the 3,311
bonds is authorized by the port authority, proceeds from any 3,312
insurance, condemnation, or guaranty pertaining to a facility or 3,313
property mortgaged to secure bonds or pertaining to the financing 3,314
of the facility, and income and profit from the investment of the 3,315
proceeds of port authority revenue bonds or of any revenues. 3,316
(L)(H) "Public roads" includes all public highways, roads, 3,318
and streets in the state, whether maintained by the state, OR BY 3,319
A county, city, township, MUNICIPAL CORPORATION, or other 3,321
political subdivision.
(M)(I) "Construction," unless the context indicates a 3,323
different meaning or intent, includes reconstruction ALTERATION, 3,324
CONSTRUCTION, CREATION, DEVELOPMENT, enlargement, improvement, or 3,327
providing furnishings or equipment INSTALLATION, RECONSTRUCTION, 3,328
REMODELING, AND RENOVATION. 3,329
(N)(J) "Port authority revenue bonds," unless the context 3,331
indicates a different meaning or intent, includes port authority 3,332
revenue notes, port authority revenue renewal notes, and port 3,333
authority revenue refunding bonds, except that notes issued in 3,334
anticipation of the issuance of bonds shall have a maximum 3,335
maturity of five years as provided in section 4582.48 of the 3,336
Revised Code and notes or renewal notes issued as the definitive 3,337
obligation may be issued maturing at such time or times with a 3,338
maximum maturity of forty years from the date of issuance of the 3,339
original note. 3,340
(K) "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL 3,343
SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF 3,344
ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT 3,345
AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL 3,346
78
SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE. "CONTRACTING 3,347
SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT. 3,348
(L) "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT 3,351
LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT 3,352
AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT
DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL 3,353
AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT, 3,354
REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT, 3,356
AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS 3,357
STATE. "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A 3,358
TRANSPORTATION IMPROVEMENT DISTRICT.
Sec. 4582.22. (A) Any municipal corporation, township, OR 3,367
county NOT INCLUDED IN A PORT AUTHORITY IN EXISTENCE ON DECEMBER 3,368
16, 1964, MAY CREATE, or any combination of a municipal 3,369
corporation, municipal corporations, township, townships, county, 3,371
or counties, no one of which has been included in a port 3,372
authority in existence on December 16, 1964, may create, AND ANY 3,373
OF THE FOREGOING TOGETHER WITH ANY OTHER POLITICAL SUBDIVISION OR 3,374
SUBDIVISIONS MAY CREATE a port authority. A municipal 3,375
corporation shall act by ordinance, a township shall act by 3,376
resolution of the township trustees, and a county shall act by 3,377
resolution of the county commissioners, AND ANY OTHER POLITICAL 3,378
SUBDIVISION SHALL ACT BY RESOLUTION OF ITS LEGISLATIVE AUTHORITY, 3,379
in authorizing the creation of a port authority. A port 3,381
authority created pursuant to this section is a body corporate 3,382
and politic which may sue and be sued, plead and be impleaded, 3,383
and has the powers and jurisdiction enumerated in sections 3,384
4582.21 to 4582.59 of the Revised Code. The exercise by such 3,385
port authority of the powers conferred upon it shall be deemed to 3,386
be essential governmental functions of this state, but no port 3,387
authority is immune from liability by reason thereof. 3,388
(B) At the time a port authority is created pursuant to 3,390
division (A) of section 4582.22 of the Revised Code or, in the 3,391
case of a port authority in existence on the effective date of 3,392
79
this section JULY 9, 1982, at the time the subdivision or 3,394
subdivisions which created such authority act pursuant to 3,395
division (B) of section 4582.201 of the Revised Code, the 3,396
subdivision or subdivisions which create the port authority may 3,397
restrict the powers granted the port authority pursuant to this 3,398
chapter by specifically setting forth such restrictions in the 3,399
resolution or ordinance creating the port authority or in the 3,400
resolution or ordinance adopted pursuant to division (B) of 3,401
section 4582.201 of the Revised Code. 3,402
(C) The subdivision or subdivisions which created a port 3,404
authority whose powers have been restricted pursuant to division 3,405
(B) of this section may, at any time, adopt a resolution or 3,406
ordinance to grant additional powers, so long as the powers so 3,407
granted do not exceed the powers permitted pursuant to this 3,408
chapter. 3,409
Sec. 4582.25. (A) Any municipal corporation, township, or 3,418
county, OR OTHER POLITICAL SUBDIVISION creating or participating 3,420
in the creation of a port authority in accordance with section
4582.22 of the Revised Code may appropriate and expend public 3,421
funds to finance or subsidize the operation AND AUTHORIZED 3,422
PURPOSES of the port authority. 3,423
(B) Subject to making due provisions for payment and 3,425
performance of its obligations, a port authority may be dissolved 3,426
by the subdivision or subdivisions creating it, and in such event 3,427
the properties of the port authority shall be transferred to the 3,428
subdivision creating it, or, if created by more than one 3,430
subdivision, to the subdivisions creating it in such A manner as 3,431
may be agreed upon between such THE subdivisions PRIOR TO THE 3,432
DISSOLUTION OF THE PORT AUTHORITY.
Sec. 4582.26. After a port authority has been created, any 3,442
municipal corporation, township, or county, OR OTHER POLITICAL 3,443
SUBDIVISION, acting by ordinance or resolution, which is 3,445
contiguous to any municipal corporation, township, or county, OR 3,446
OTHER POLITICAL SUBDIVISION which participated in the creation of 3,447
80
such port authority or to any municipal corporation, township, or 3,448
county, OR OTHER POLITICAL SUBDIVISION which proposes to join the 3,450
port authority at the same time and is contiguous to any 3,451
municipal corporation, township, or county, OR OTHER POLITICAL 3,452
SUBDIVISION which participated in the creation of such port 3,453
authority, may join such port authority, and thereupon the 3,454
jurisdiction and territory of the port authority includes the 3,455
municipal corporation, county, or township, OR OTHER POLITICAL 3,456
SUBDIVISION so joining. If more than one such political 3,458
subdivision is to be joined to the port authority at the same 3,459
time, then each such ordinance or resolution shall designate the 3,460
political subdivisions which are to be so joined. Any territory 3,461
or municipal corporation not included in a port authority and 3,462
which is annexed to a municipal corporation included within the 3,463
jurisdiction and territory of a port authority shall, on such 3,464
annexation and without further proceedings, be annexed to and be 3,465
included in the jurisdiction and territory of the port authority. 3,466
Before such political subdivision or subdivisions are joined to a 3,467
port authority, other than by annexation to a municipal 3,468
corporation, the political subdivision or subdivisions 3,469
theretofore comprising such port authority shall agree upon the 3,470
terms and conditions pursuant to which such political subdivision 3,471
or subdivisions are to be joined. For all purposes of sections 3,472
4582.21 to 4582.59 of the Revised Code, such political 3,473
subdivision or subdivisions shall be considered to have 3,474
participated in the creation of such port authority, except that 3,475
the initial term of any director of the port authority appointed 3,476
by such a political subdivision shall be four years. After each 3,477
ordinance or resolution proposing joinder to the port authority 3,478
has become effective and the terms and conditions of joinder have 3,479
been agreed to, the board of directors of the port authority 3,480
shall by resolution either accept or reject such joinder. Such 3,481
joinder shall be effective upon adoption of the resolution 3,482
accepting such joinder, unless the port authority to which a 3,483
81
political subdivision or subdivisions, including a county within 3,484
which such port authority is located, are to be joined, has 3,485
authority under section 4582.40 of the Revised Code to levy a tax 3,486
on property within its jurisdiction, then such joinder shall not 3,487
be effective until approved by the affirmative vote of a majority 3,488
of the electors voting on the question of the joinder. If more 3,489
than one political subdivision is to be joined to the port 3,490
authority, then the electors of such subdivisions shall vote as a 3,491
district and the majority affirmative vote shall be determined by 3,492
the vote case CAST in such district as a whole. The election 3,493
shall be called by the board of directors of the port authority 3,494
and shall be held, canvassed, and certified in the manner 3,495
provided for the submission of tax levies under section 5705.191 3,496
of the Revised Code except that the question appearing on the 3,497
ballot shall read:
"Shall ................................................. 3,499
(Name or names of political subdivisions to 3,501
................................................................ 3,503
be joined) 3,505
be joined to ............................. port authority 3,507
(Name) 3,509
and the existing tax levy (levies) of such port authority 3,511
(aggregating) ............... mill per dollar of valuation 3,513
be authorized to be levied against properties within 3,515
............................................................?" 3,517
(Name or names of political subdivisions to be joined) 3,519
(Name or names of political subdivisions to be joined) 3,521
If the question is approved the joinder becomes immediately 3,523
effective and the port authority is authorized to extend the levy 3,524
of such tax against all the taxable property within the political 3,525
subdivision or political subdivisions which have been joined. If 3,526
such question is approved at a general election, then the port 3,527
authority may amend its budget and resolution adopted pursuant to 3,528
section 5705.34 of the Revised Code and such levy shall be placed 3,529
82
on the current tax list and duplicate and collected as other 3,530
taxes are collected from all taxable property within the port 3,531
authority including the political subdivision or political 3,532
subdivisions joined as a result of the election. 3,533
Sec. 4582.27. A port authority created in accordance with 3,543
section 4582.22 of the Revised Code shall be governed by a board 3,544
of directors. Members of a board of directors of a port
authority created by the exclusive action of a municipal 3,545
corporation shall consist of the number of members it deems 3,546
CONSIDERS necessary and SHALL be appointed by the mayor with the 3,547
advice and consent of the council. Members of a board of 3,549
directors of a port authority created by the exclusive action of 3,550
a township shall consist of such members as it deems CONSIDERS 3,551
necessary and shall be appointed by the township trustees of the 3,553
township. Members of a board of directors of a port authority 3,554
created by the exclusive action of a county shall consist of such 3,555
members as it deems CONSIDERS necessary and SHALL be appointed by 3,556
the board of county commissioners of such THE county. Members of 3,557
a board of directors of a port authority created by a combination 3,559
of political subdivisions shall be divided among the political 3,560
subdivisions in such proportions as the political subdivisions 3,561
may agree and SHALL BE appointed BY THE PARTICIPATING POLITICAL 3,562
SUBDIVISIONS in the same manner as this section provides for 3,563
their THE appointment when OF MEMBERS BY a political subdivision 3,564
creates CREATING its own port authority. IF A PARTICIPATING 3,566
POLITICAL SUBDIVISION IS NOT AUTHORIZED BY SECTION 4582.22 OF THE 3,568
REVISED CODE TO CREATE ITS OWN PORT AUTHORITY, THE POLITICAL
SUBDIVISION'S ELECTED LEGISLATIVE BODY, IF THE POLITICAL 3,569
SUBDIVISION HAS AN ELECTED LEGISLATIVE BODY, OR THE POLITICAL 3,570
SUBDIVISION'S ELECTED OFFICIAL OR OFFICIALS WHO APPOINT THE 3,571
LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION SHALL APPOINT THE 3,572
MEMBERS OF A BOARD OF DIRECTORS OF A PORT AUTHORITY THAT ARE TO 3,573
BE APPOINTED BY THAT POLITICAL SUBDIVISION. IF THE ELECTORS OF A 3,575
PARTICIPATING POLITICAL SUBDIVISION DO NOT ELECT EITHER THE 3,576
83
LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION OR THE OFFICIAL OR 3,577
OFFICIALS WHO APPOINT THE LEGISLATIVE BODY OF THE POLITICAL 3,578
SUBDIVISION, THE PARTICIPATING POLITICAL SUBDIVISION MAY NOT
APPOINT ANY MEMBER OF A BOARD OF DIRECTORS OF A PORT AUTHORITY. 3,579
When a port authority is created by a combination of political 3,581
subdivisions, the number of directors composing COMPRISING the 3,582
board shall be determined by agreement between such THE political 3,584
subdivisions, WHICH NUMBER MAY BE CHANGED FROM TIME TO TIME BY 3,585
AMENDMENT OF THE AGREEMENT. The appointing body may at any time 3,586
remove a director appointed by it for misfeasance, nonfeasance, 3,588
or malfeasance in office.
Each director A MAJORITY OF THE DIRECTORS shall have been a 3,591
qualified elector ELECTORS of, or shall have had his business 3,592
THEIR BUSINESSES or place PLACES of employment in, one or more 3,594
political subdivisions within the area of the jurisdiction of the 3,595
port authority, for a period of at least three years next
preceding his THEIR appointment. 3,596
If a port authority owns, operates, or manages one or more 3,598
aviation facilities regularly used for the landing and taking off 3,599
of aircraft, and there are persons who are willing and able to 3,600
serve on the board of directors of the port authority and have 3,601
their principal place of residence within three miles of any such 3,602
aviation facility, then at least one member of the board of 3,603
directors shall be appointed from among such persons. 3,604
The directors of any port authority first appointed shall 3,606
serve staggered terms. Thereafter each successor shall serve for 3,607
a term of four years, except that any person appointed to fill a 3,608
vacancy shall be appointed to only the unexpired term and any 3,609
director is eligible for reappointment. 3,610
THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL 3,612
OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR 3,613
MEETINGS OF THE BOARD. IF A DIRECTOR IS SO REMOVED, A SUCCESSOR 3,614
SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR 3,616
IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. 3,617
84
The directors shall elect one of their membership as 3,619
chairman, CHAIRPERSON and another as vice-chairman 3,620
VICE-CHAIRPERSON, and shall designate their terms of office, and 3,622
shall appoint a secretary who need not be a director. A majority 3,623
of the board of directors shall constitute a quorum, the 3,624
affirmative vote of which shall be necessary for any action taken 3,625
by the port authority. No vacancy in the membership of the board 3,626
shall impair the rights of a quorum to exercise all the rights 3,627
and perform all the duties of the port authority. 3,628
Each member of the board of directors of a port authority 3,630
shall be entitled to receive from the port authority such sum of 3,631
money as the board of directors may determine as compensation for 3,632
his services as director and reimbursement for his reasonable 3,633
expenses in the performance of his OFFICIAL duties. 3,634
Sec. 4582.28. (A) A port authority created in accordance 3,643
with section 4582.22 of the Revised Code shall employ and fix the 3,644
qualifications, duties, and compensation of such ANY employees 3,645
and enter into contracts for such ANY professional services as it 3,648
may require to conduct the business of the port authority and may 3,649
appoint an advisory board, which shall serve without 3,650
compensation. Any employee may be suspended or dismissed, and any 3,651
contract for professional services may be terminated at any time 3,652
by the port authority. 3,653
(B) A port authority may provide for the administration 3,655
and enforcement of the laws of the state by employing special 3,656
policemen POLICE OFFICERS, and may seek the assistance of other 3,657
appropriate law enforcement officers to enforce its rules and 3,658
maintain order.
(C) Special policemen POLICE OFFICERS employed by a port 3,660
authority shall serve as a security POLICE force with respect to 3,662
the property, grounds, buildings, equipment, and facilities under 3,664
the control of the port authority, to prevent hijacking of 3,665
aircraft or watercraft, protect the property of the authority AND 3,666
THE PROPERTY OF OTHERS LOCATED THEREON, suppress nuisances and 3,667
85
disturbances and breaches of the peace, and enforce laws AND THE 3,668
RULES OF THE PORT AUTHORITY for the preservation of good order. 3,669
In performing their duties, special policemen POLICE OFFICERS are 3,670
vested with the same powers of arrest as police officers under 3,671
section 2935.03 of the Revised Code. 3,672
ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT 3,674
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF 3,675
THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS 3,678
DEFINED IN SECTION 742.01 OF THE REVISED CODE. 3,680
Sec. 4582.29. (A) Any A port authority created under 3,689
section 4582.22 of the Revised Code may procure and pay all or 3,690
any part of the cost of group hospitalization, surgical, major 3,691
medical, sickness and accident insurance, or group life 3,692
insurance, or a combination of any of the foregoing types of 3,693
insurance or coverage for full-time employees and their immediate 3,694
dependents FAMILIES, issued by an insurance company duly 3,695
authorized to do business in this state. 3,697
(B) Any A port authority also may procure and pay all or 3,699
any part of the cost of a plan of group hospitalization, 3,700
surgical, or major medical, OR SICKNESS AND ACCIDENT insurance 3,701
with a health insuring corporation holding a certificate of 3,703
authority under Chapter 1751. of the Revised Code, provided that 3,704
each full-time employee shall be permitted to: 3,706
(1) Exercise an option between a plan offered by an 3,708
insurance company as provided in division (A) of this section and 3,709
a plan offered by a health insuring corporation under this 3,710
division, on the condition that the full-time employee shall pay 3,712
any amount by which the cost of the plan offered in this division 3,713
exceeds the cost of the plan offered under division (A) of this 3,714
section; and
(2) Change from one of the two plans to the other at a 3,716
time each year as determined by the port authority. 3,717
(C) A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE 3,720
OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON 3,722
86
ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER 3,723
GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE 3,724
EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES. A PORT 3,725
AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT 3,726
SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR 3,727
MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE. 3,728
Sec. 4582.30. (A)(1) Except as otherwise provided in 3,737
division (B)(A)(2) OR (3) of this section, the area of 3,739
jurisdiction of a port authority created in accordance with 3,740
section 4582.22 of the Revised Code shall include all of the 3,741
territory of the political subdivision or subdivisions creating 3,742
it and, if the port authority owns or leases a railroad line, the 3,743
territory on which the railroad's line, terminals, and related 3,744
facilities are located, regardless of whether the territory is 3,745
located in the political subdivision or subdivisions creating the 3,746
port authority, provided that in no case shall the same political 3,747
subdivision that created or joined an existing port authority be 3,748
included in more than one port authority. 3,749
(B)(1)(2) A municipal corporation with a population of at 3,751
least one hundred thousand according to the most recent federal 3,752
decennial census may create a port authority within a county that 3,753
previously created an existing port authority, if the municipal 3,754
corporation did not join with the county in creating the port 3,755
authority or thereafter join that port authority. THE NEWLY 3,756
CREATED PORT AUTHORITY AND THE PREVIOUSLY CREATED AND EXISTING 3,757
PORT AUTHORITY SHALL POSSESS CONCURRENT JURISDICTION OVER ANY 3,758
TERRITORY WITHIN THE JURISDICTION OF BOTH.
(2)(3) A county may create a port authority the area of 3,760
jurisdiction of which excludes any territory that is located in 3,761
that county and is in the area of jurisdiction of any port 3,762
authority created in accordance with section 4582.02 or 4582.22 3,763
of the Revised Code that is then existing in the county. 3,764
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 3,767
SECTION, A POLITICAL SUBDIVISION THAT HAS CREATED A PORT 3,768
87
AUTHORITY OR JOINED AN EXISTING PORT AUTHORITY SHALL NOT BE 3,769
INCLUDED IN ANY OTHER PORT AUTHORITY. 3,770
(2) A MUNICIPAL CORPORATION WITH A POPULATION OF LESS THAN 3,773
ONE HUNDRED THOUSAND ACCORDING TO THE MOST RECENT FEDERAL
DECENNIAL CENSUS THAT HAS JOINED AN EXISTING PORT AUTHORITY IN A 3,774
COUNTY WITH A POPULATION OF FIVE HUNDRED THOUSAND OR LESS MAY 3,775
CREATE A PORT AUTHORITY WITHIN THE TERRITORIAL JURISDICTION OF 3,777
THE MUNICIPAL CORPORATION. 3,778
Sec. 4582.31. A port authority created in accordance with 3,787
section 4582.22 of the Revised Code may: 3,788
(A) Adopt bylaws for the regulation of its affairs and the 3,790
conduct of its business; 3,791
(B) Adopt an official seal; 3,793
(C) Maintain a principal office within its jurisdiction, 3,795
and maintain such branch offices as it may require; 3,796
(D) Acquire, purchase, construct, reconstruct, enlarge, 3,798
furnish, equip, maintain, repair, sell, exchange, lease or rent 3,799
to, lease or rent from, or operate port authority facilities OR 3,802
LEASE WITH AN OPTION TO PURCHASE, CONVEY OTHER INTERESTS IN REAL 3,803
OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, 3,804
USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE AND 3,805
OPERATE ANY PROPERTY IN CONNECTION WITH TRANSPORTATION, 3,806
RECREATIONAL, GOVERNMENTAL OPERATIONS, OR CULTURAL ACTIVITIES; 3,807
(E) Straighten, deepen, and improve any channel, river, 3,809
stream, or other water course or way which may be necessary or 3,810
proper in the development of the facilities of a water port 3,811
AUTHORITY; 3,812
(F) Make available the use or services of any port 3,814
authority facility to one or more persons, one or more 3,815
governmental agencies, or any combination thereof; 3,816
(G) Issue bonds or notes for the acquisition or, 3,818
construction, FURNISHING, OR EQUIPPING of any port authority 3,819
facility or other permanent improvement which THAT a port 3,821
authority is authorized to acquire or, construct, FURNISH, OR 3,823
88
EQUIP, in compliance with Chapter 133. of the Revised Code, 3,824
except that such bonds or notes may only be issued pursuant to a 3,825
vote of the electors residing within the area of jurisdiction of 3,826
the port authority. The net indebtedness incurred by a port 3,827
authority shall never exceed two per cent of the total value of 3,828
all property within the territory comprising such THE port 3,829
authority as listed and assessed for taxation. 3,831
(H) Issue port authority revenue bonds beyond the limit of 3,833
bonded indebtedness provided by law, payable solely from revenues 3,834
as provided in section 4582.48 of the Revised Code, unless the 3,835
bonds be refunded by refunding bonds, for the purpose of 3,836
providing funds to pay the costs of any port authority facility 3,837
or facilities or parts thereof, pursuant to Section 13 of Article 3,838
VIII, Ohio Constitution, and in order to create or preserve jobs 3,839
and employment opportunities and improve the economic welfare of 3,840
the people of the state; 3,841
(I) Apply to the proper authorities of the United States 3,843
pursuant to appropriate law for the right to establish, operate, 3,844
and maintain foreign trade zones and establish, operate, and 3,845
maintain such foreign trade zones AND TO ACQUIRE, EXCHANGE, SELL, 3,847
LEASE TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, OR OPERATE 3,848
FACILITIES, LAND, OR PROPERTY THEREFOR in accordance with the 3,850
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to 3,852
81u;
(J) Enjoy and possess the same rights, privileges, and 3,854
powers granted municipal corporations under sections 721.04 to 3,855
721.11 of the Revised Code; 3,856
(K) Maintain such funds as it considers necessary; 3,858
(L) Direct its agents or employees, when properly 3,860
identified in writing, and after at least five days' written 3,861
notice, to enter upon lands within the confines of its 3,862
jurisdiction in order to make surveys and examinations 3,863
preliminary to location and construction of works for the 3,864
purposes of the port authority, without liability of the port 3,865
89
authority or its agents or employees except for actual damage 3,866
done; 3,867
(M) Promote, advertise, and publicize the port authority 3,869
and its facilities; provide information to shippers and other 3,870
commercial interests; and appear before rate-making authorities 3,871
to represent and promote the interests of the port authority; 3,872
(N) Adopt rules, not in conflict with general law, 3,874
governing the use of its property, grounds, buildings, equipment, 3,875
and facilities, and governing the conduct of its employees and 3,876
the public, in order to promote the public safety and convenience 3,877
in and about its facilities and grounds, and to maintain order IT 3,878
FINDS NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF ITS DUTIES 3,879
AND THE EXECUTION OF ITS POWERS UNDER SECTIONS 4582.21 TO 4582.54 3,880
OF THE REVISED CODE. Any such rule shall be posted at a 3,881
prominent place in each of the facilities to which it applies NO 3,883
LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED 3,884
BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN 3,885
DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE
PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS 3,886
HOURS. No person shall violate any lawful rule adopted and 3,888
posted as provided in this division.
(O) Acquire by gift or purchase, hold, lease, and dispose 3,890
of real and personal property and interests therein in the 3,891
exercise of the powers of the port authority and the performance 3,892
of its duties under sections 4582.21 to 4582.59 of the Revised 3,893
Code; 3,894
(P) Acquire, in the name of the port authority, by 3,896
purchase or otherwise, on such terms and in such manner as the 3,897
port authority finds proper, or by the exercise of the right of 3,898
condemnation in the manner provided by section 4582.56 of the 3,899
Revised Code, such public or private lands, including public 3,900
parks, playgrounds, or reservations, or parts thereof or rights 3,901
therein, rights-of-way, property, rights, easements, and 3,902
interests as it finds necessary for carrying out sections 4582.21 3,903
90
to 4582.59 of the Revised Code, and compensation shall be paid 3,904
for public or private lands so taken; 3,905
(Q) DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS IN 3,907
ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, 3,908
INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS, 3,909
FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED 3,910
TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR 3,911
SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE 3,913
VIII OF THE OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE 3,915
DISCRETION MAY DETERMINE:
(1) LOAN MONEYS TO ANY PERSON OR GOVERNMENTAL ENTITY FOR 3,917
THE ACQUISITION, CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE 3,918
PROPERTY; 3,919
(2) ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND 3,921
EQUIP THE PROPERTY; 3,922
(3) SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS 3,924
IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER 3,925
INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR 3,927
GOVERNMENTAL ENTITY;
(4) GUARANTEE THE OBLIGATIONS OF ANY PERSON OR 3,929
GOVERNMENTAL ENTITY.
A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR 3,931
THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY 3,932
OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY 3,933
DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE 3,934
INVESTMENT OF FUNDS BY A PORT AUTHORITY. 3,935
(P) SELL, LEASE, OR CONVEY OTHER INTERESTS IN REAL AND 3,938
PERSONAL PROPERTY, AND GRANT EASEMENTS OR RIGHTS-OF-WAY OVER
PROPERTY OF THE PORT AUTHORITY. THE BOARD OF DIRECTORS SHALL 3,939
SPECIFY THE CONSIDERATION AND ANY TERMS FOR THE SALE, LEASE, OR 3,940
CONVEYANCE OF OTHER INTERESTS IN REAL AND PERSONAL PROPERTY. ANY 3,941
DETERMINATION MADE BY THE BOARD UNDER THIS DIVISION SHALL BE 3,942
CONCLUSIVE. THE SALE, LEASE, OR CONVEYANCE MAY BE MADE WITHOUT 3,943
ADVERTISING AND THE RECEIPT OF BIDS. 3,944
91
(Q) EXERCISE THE RIGHT OF EMINENT DOMAIN TO APPROPRIATE 3,947
ANY LAND, RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS, OR OTHER 3,948
PROPERTY, NECESSARY OR PROPER FOR ANY AUTHORIZED PURPOSE, 3,949
PURSUANT TO THE PROCEDURE PROVIDED IN SECTIONS 163.01 TO 163.22 3,950
OF THE REVISED CODE, IF FUNDS EQUAL TO THE APPRAISED VALUE OF THE 3,953
PROPERTY TO BE ACQUIRED AS A RESULT OF SUCH PROCEEDINGS ARE 3,954
AVAILABLE FOR THAT PURPOSE. HOWEVER, NOTHING CONTAINED IN 3,955
SECTIONS 4582.201 TO 4582.59 OF THE REVISED CODE SHALL AUTHORIZE 3,957
A PORT AUTHORITY TO TAKE OR DISTURB PROPERTY OR FACILITIES 3,958
BELONGING TO ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, 3,959
PUBLIC UTILITY, OR COMMON CARRIER, WHICH PROPERTY OR FACILITIES 3,960
ARE NECESSARY AND CONVENIENT IN THE OPERATION OF THE AGENCY OR 3,961
POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON CARRIER, UNLESS 3,962
PROVISION IS MADE FOR THE RESTORATION, RELOCATION, OR DUPLICATION 3,964
OF SUCH PROPERTY OR FACILITIES, OR UPON THE ELECTION OF THE 3,965
AGENCY OR POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON 3,966
CARRIER, FOR THE PAYMENT OF COMPENSATION, IF ANY, AT THE SOLE 3,967
COST OF THE PORT AUTHORITY, PROVIDED THAT:
(1) IF ANY RESTORATION OR DUPLICATION PROPOSED TO BE MADE 3,969
UNDER THIS SECTION INVOLVES A RELOCATION OF THE PROPERTY OR 3,970
FACILITIES, THE NEW FACILITIES AND LOCATION SHALL BE OF AT LEAST 3,971
COMPARABLE UTILITARIAN VALUE AND EFFECTIVENESS AND SHALL NOT 3,972
IMPAIR THE ABILITY OF THE PUBLIC UTILITY OR COMMON CARRIER TO 3,973
COMPETE IN ITS ORIGINAL AREA OF OPERATION; 3,974
(2) IF ANY RESTORATION OR DUPLICATION MADE UNDER THIS 3,976
SECTION INVOLVES A RELOCATION OF THE PROPERTY OR FACILITIES, THE 3,978
PORT AUTHORITY SHALL ACQUIRE NO INTEREST OR RIGHT IN OR TO THE 3,979
APPROPRIATED PROPERTY OR FACILITIES, EXCEPT AS PROVIDED IN
DIVISION (O) OF THIS SECTION, UNTIL THE RELOCATED PROPERTY OR 3,981
FACILITIES ARE AVAILABLE FOR USE AND UNTIL MARKETABLE TITLE 3,982
THERETO HAS BEEN TRANSFERRED TO THE PUBLIC UTILITY OR COMMON 3,983
CARRIER.
(R)(1) Make and enter into all contracts and agreements 3,985
and execute all instruments necessary or incidental to the 3,986
92
performance of its duties and the execution of its powers under 3,987
sections 4582.21 to 4582.59 of the Revised Code. 3,988
(1) When the cost under any such contract or agreement, 3,990
other than compensation for personal services, involves an 3,991
expenditure of more than ten thousand dollars, the port authority 3,992
shall make a written contract with the lowest responsive and 3,993
responsible bidder, in accordance with section 9.312 of the 3,994
Revised Code, after advertisement once a week for not less than 3,995
two consecutive weeks in a newspaper of general circulation in 3,996
the county where the facility is located, and in such other 3,997
publications as the port authority determines, which notice shall 3,998
state the general character of the work and the general character 3,999
of the materials to be furnished, the place where plans and 4,000
specifications therefor may be examined, and the time and place 4,001
of receiving bids; provided, that a contract or lease for the 4,002
operation of a port authority facility constructed and owned by 4,003
the port authority or an agreement for cooperation in the 4,004
acquisition or construction of a port authority facility pursuant 4,005
to section 4582.43 of the Revised Code or any contract for the 4,006
construction of a port authority facility that is to be leased by 4,007
the port authority to, and operated by, persons who are not 4,008
governmental agencies and the cost of such facility is to be 4,009
amortized exclusively from rentals or other charges paid to the 4,010
port authority by persons who are not governmental agencies is 4,011
not subject to the foregoing requirements and the port authority 4,012
may enter into such contract, lease, or agreement pursuant to 4,013
negotiation and upon such terms and conditions and for such 4,014
period as it finds to be reasonable and proper in the 4,015
circumstances and in the best interests of proper operation or of 4,016
efficient acquisition or construction of such facility. 4,017
(2) Each bid shall contain the full name of every person 4,019
interested in it and shall be accompanied by a sufficient bond or 4,020
certified check on a solvent bank that if the bid is accepted a 4,021
contract will be entered into and the performance thereof 4,022
93
secured. 4,023
(3)(2) EXCEPT AS PROVIDED IN DIVISION (R)(3) OF THIS 4,026
SECTION, WHEN THE COST OF A CONTRACT FOR THE CONSTRUCTION OF ANY 4,027
BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDERTAKEN BY A PORT 4,028
AUTHORITY INVOLVES AN EXPENDITURE EXCEEDING TWENTY-FIVE THOUSAND 4,029
DOLLARS, AND THE PORT AUTHORITY IS THE CONTRACTING ENTITY, THE 4,030
PORT AUTHORITY SHALL MAKE A WRITTEN CONTRACT AFTER NOTICE CALLING 4,031
FOR BIDS FOR THE AWARD OF THE CONTRACT HAS BEEN GIVEN BY 4,032
PUBLICATION TWICE, WITH AT LEAST SEVEN DAYS BETWEEN PUBLICATIONS, 4,033
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA OF THE PORT 4,034
AUTHORITY. EACH SUCH CONTRACT SHALL BE LET TO THE LOWEST 4,035
RESPONSIVE AND RESPONSIBLE BIDDER IN ACCORDANCE WITH SECTION 4,036
9.312 OF THE REVISED CODE. EVERY CONTRACT SHALL BE ACCOMPANIED 4,039
BY OR SHALL REFER TO PLANS AND SPECIFICATIONS FOR THE WORK TO BE 4,040
DONE, PREPARED FOR AND APPROVED BY THE PORT AUTHORITY, SIGNED BY 4,041
AN AUTHORIZED OFFICER OF THE PORT AUTHORITY AND BY THE 4,042
CONTRACTOR, AND SHALL BE EXECUTED IN TRIPLICATE. 4,043
EACH BID SHALL BE AWARDED IN ACCORDANCE WITH SECTIONS 4,045
153.54, 153.57, AND 153.571 OF THE REVISED CODE. The port 4,049
authority may reject any and all bids.
(4) A bond with good and sufficient surety, approved by 4,051
the port authority, shall be required of all contractors in an 4,052
amount equal to at least fifty per cent of the contract price, 4,053
conditioned upon the faithful performance of the contract. 4,054
(R)(3) THE BOARD OF DIRECTORS BY RULE MAY PROVIDE CRITERIA 4,056
FOR THE NEGOTIATION AND AWARD WITHOUT COMPETITIVE BIDDING OF ANY 4,058
CONTRACT AS TO WHICH THE PORT AUTHORITY IS THE CONTRACTING ENTITY 4,059
FOR THE CONSTRUCTION OF ANY BUILDING OR STRUCTURE OR OTHER 4,060
IMPROVEMENT UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: 4,061
(a) THERE EXISTS A REAL AND PRESENT EMERGENCY THAT 4,064
THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT 4,065
AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING 4,066
THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION 4,067
AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE 4,068
94
SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT 4,069
CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE 4,070
ATTACHED TO THE CONTRACT. 4,071
(b) A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR 4,074
SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE 4,075
ARTICULATED FOR THE IMPROVEMENT.
(c) THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS 4,077
DEFINED IN SECTION 307.041 OF THE REVISED CODE. 4,078
(d) WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE 4,080
IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE 4,082
MATERIAL.
(e) A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER 4,085
COMPLYING WITH THE PROVISIONS OF DIVISION (R)(2) OF THIS SECTION. 4,086
(4)(a) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED 4,089
WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 4,090
(R)(3)(b) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A 4,092
NOTICE CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT 4,093
LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 4,094
CIRCULATION IN THE AREA OF THE PORT AUTHORITY. AFTER RECEIPT OF 4,095
THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH 4,096
AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING 4,097
THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT 4,098
AUTHORITY. 4,099
(b) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT 4,102
COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 4,104
(R)(3)(d) OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO 4,105
THE INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY 4,106
BE PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER 4,107
OF THAT MATERIAL. 4,108
(5)(a) ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN 4,111
OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER 4,112
CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO 4,113
THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING, 4,114
EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY 4,115
95
COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF 4,116
AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII, 4,118
OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO 4,120
SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF 4,121
DIRECTORS IN ITS DISCRETION. 4,122
(b) DIVISION (R)(5)(a) OF THIS SECTION APPLIES TO ALL 4,125
CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY 4,126
OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING, 4,127
WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF 4,128
COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE 4,129
PROVISION OF SECURITY.
(c) DIVISIONS (R)(5)(a) AND (b) OF THIS SECTION DO NOT 4,133
APPLY TO EITHER OF THE FOLLOWING:
(i) ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS 4,136
RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A 4,137
PLEDGE OF MONEYS RAISED BY TAXATION.
(ii) ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID 4,140
EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY. FOR 4,141
THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT 4,142
AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS, 4,143
CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT 4,144
EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF 4,145
THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY 4,146
ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM 4,147
GENERAL REVENUES.
(S) Employ managers, superintendents, and other employees 4,149
and retain or contract with consulting engineers, financial 4,150
consultants, accounting experts, architects, attorneys, and such 4,151
ANY other consultants and independent contractors as are 4,152
necessary in its judgment to carry out this chapter, and fix the 4,153
compensation thereof. All expenses thereof shall be payable from 4,154
any available funds of the port authority or from funds 4,155
appropriated for such THAT purpose by a political subdivision 4,156
creating or participating in the creation of the port authority. 4,157
96
(S)(T) Receive and accept from any STATE OR federal agency 4,160
grants AND LOANS for or in aid of the construction of any port 4,161
authority facility or for research and development with respect 4,162
to port authority facilities, and receive and accept aid or 4,163
contributions from any source of money, property, labor, or other 4,164
things of value, to be held, used, and applied only for the 4,165
purposes for which such THE grants and contributions are made; 4,166
(T)(U) Engage in research and development with respect to 4,168
port authority facilities; 4,169
(U)(V) Purchase fire and extended coverage and liability 4,171
insurance for any port authority facility and for the principal 4,172
office and branch offices of the port authority, insurance 4,173
protecting the port authority and its officers and employees 4,174
against liability for damage to property or injury to or death of 4,175
persons arising from its operations, and any other insurance the 4,176
port authority may agree to provide under any resolution 4,177
authorizing its port authority revenue bonds or in any trust 4,178
agreement securing the same; 4,179
(V)(W) Charge, alter, and collect rentals and other 4,181
charges for the use or services of any port authority facility as 4,182
provided in section 4582.43 of the Revised Code; 4,183
(W)(X) Provide coverage for its employees under Chapters 4,185
145., 4123., and 4141. of the Revised Code; 4,186
(X)(Y) Do all acts necessary or proper to carry out the 4,188
powers expressly granted in sections 4582.21 to 4582.59 of the 4,189
Revised Code. 4,190
Sec. 4582.35. The port authority shall foster and 4,199
encourage the participation of private enterprise in the 4,200
development of the port facilities to the fullest extent it deems 4,201
CONSIDERS practicable in the interest of limiting the necessity 4,202
of construction and operation of such THE facilities by the port 4,203
authority. For this purpose the port authority shall, upon a 4,204
written request by any person, partnership, or corporation, filed 4,205
with the secretary of the board of directors within thirty days 4,206
97
following the journalization of the order of the adoption of an 4,207
official plan as provided in sections 4582.32 and 4582.33 of the 4,208
Revised Code, submit a proposal to provide, operate, and maintain 4,209
any facility included in the plan, by publication of and 4,210
invitation for bids therefor based upon specifications prepared 4,211
by the board of directors. 4,212
The board of directors may accept the bid of the person, 4,214
partnership, or corporation it deems best qualified by financial 4,215
responsibility and business experience to construct and operate 4,216
the facility or facilities in accordance with its official plan. 4,217
Sec. 4582.36. Nothing contained in sections 4582.23 4,226
4582.25 to 4582.59 of the Revised Code shall: 4,227
(A) Impair the provisions of law or ordinance directing 4,229
the payment of revenues derived from public property into sinking 4,230
funds or dedicating such THOSE revenues to specific purposes; 4,231
(B) Impair the powers of any county, township, or 4,233
municipal corporation, OR OTHER POLITICAL SUBDIVISION to develop 4,234
or improve port and terminal facilities except as restricted by 4,236
section 4582.42 of the Revised Code; 4,237
(C) Enlarge, alter, diminish, or affect in any way, any 4,239
lease or conveyance made, or action taken prior to the creation 4,240
of a port authority in accordance with section 4582.22 of the 4,241
Revised Code by any municipal corporation under the provisions of 4,242
sections 721.04 to 721.11 of the Revised Code, or by any county 4,243
under the provisions of section 307.65 of the Revised Code; 4,244
(D) Impair or interfere with the exercise of any permit 4,246
for the removal of sand or gravel, or other similar permits 4,247
issued by this state or the United States; 4,248
(E) IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS. 4,250
Sec. 4582.37. No port authority shall enter into any 4,259
contract for the creation, construction, alteration, or repair of 4,261
any port authority facility and no loan agreement for the 4,262
borrowing of funds for any such port authority facility 4,263
undertaken by a port authority shall be executed unless laborers 4,264
98
and mechanics employed on the facility are paid at the prevailing 4,265
rates of wages of laborers and mechanics for the class of work 4,266
called for by the facility, which wages shall be determined in 4,267
accordance with the requirements of Chapter 4115. of the Revised 4,268
Code for determination of prevailing wage rates, provided that 4,269
the requirements of this section do not apply where the federal 4,270
government or any of its agencies furnishes by loan or grant all 4,271
or any part of the funds used in connection with the facility and 4,272
prescribes predetermined minimum wages to be paid to such THE 4,273
laborers and mechanics; and provided further that should a 4,275
nonpublic user beneficiary of the facility undertake construction 4,276
to be performed by its regular bargaining unit employees who are 4,277
covered under a collective bargaining agreement which THAT was in 4,278
existence prior to the commitment instrument undertaking a loan 4,279
or grant of funds then, in that event, the rate of pay provided 4,280
under the collective bargaining agreement may be paid to such 4,281
employees.
Except as provided in this section, construction on any 4,283
port authority facility to which this section applies is hereby 4,284
deemed to be construction of a public improvement within section 4,285
4115.03 of the Revised Code. All contractors and subcontractors 4,286
working on such projects, facilities, or port authority 4,287
facilities shall be subject to and comply with sections 4115.03 4,288
to 4115.16 of the Revised Code, and the bureau of employment 4,290
services shall, and any interested party may, bring proceedings 4,291
under such THOSE sections to enforce compliance. The bureau 4,293
shall make the determination of wages as required under this 4,294
section and shall designate one of its employees to act as the 4,295
prevailing wage coordinator under section 4115.071 of the Revised 4,296
Code for any project, facility, or port authority facility for 4,297
which a coordinator has not been designated by any port 4,298
authority.
Sec. 4582.38. The legislative authority of any municipal 4,307
corporation, county, township, school district, or other 4,308
99
political subdivision or taxing district, may convey or lease to 4,309
OR FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, any 4,310
port authority or any port authority may convey or lease to OR 4,311
FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, a 4,312
municipal corporation, county, township, school district, or 4,313
other political subdivision or taxing district, without 4,314
competitive bidding and on mutually agreeable terms, any personal 4,315
property or real property, or any interest therein, which THAT is 4,316
not needed for the purposes of the grantor, or lessor, to be used 4,317
by the recipient or lessee for its purposes. 4,318
Sec. 4582.40. Upon the affirmative vote in a SPECIAL, 4,327
primary, or general election of at least a majority of the 4,329
qualified electors within the port authority voting at an 4,330
election held for the purpose, the port authority may levy upon 4,331
the property within its jurisdiction a tax, for all purposes 4,332
including bond debt charges, not in excess of one mill annually 4,333
on the total value of all property as listed and assessed for 4,334
taxation for any period not exceeding five years, except that 4,335
when the tax is for the payment of bond debt charges, such tax 4,336
shall be for the life of the bond indebtedness. On approval of 4,337
such a levy, notes may be issued in anticipation of the 4,338
collection of the proceeds of the tax levy, other than the 4,339
proceeds to be received for the payment of bond debt charges, in 4,340
the amount and manner and at the times as are provided in section 4,341
5705.193 of the Revised Code, for the issuance of notes by a 4,342
county in anticipation of the proceeds of a tax levy. The port 4,343
authority may borrow money in anticipation of the collection of 4,344
current revenues as provided in section 133.10 of the Revised 4,345
Code.
The board of directors of a port authority shall be the 4,347
taxing authority under sections 133.10 and 5701.01 of the Revised 4,348
Code. 4,349
Such tax shall be for the purpose of providing funds 4,351
necessary for the port authority budget and shall be certified 4,352
100
annually to the taxing authorities of the political subdivision 4,353
or subdivisions within the port authority. The collection of the 4,354
tax levy shall conform in all matters to the provisions of the 4,355
Revised Code governing the collection of taxes and assessments 4,356
levied by local taxing districts and the same provisions 4,357
concerning the nonpayment of taxes shall apply to taxes levied 4,358
pursuant to this section. 4,359
Sec. 4582.43. A port authority may charge, alter, and 4,368
collect rentals or other charges for the use or services of any 4,369
port authority facility and contract in the manner provided by 4,370
this section with one or more persons, one or more governmental 4,371
agencies, or any combination thereof, desiring the use or 4,372
services of the facility, and fix the terms, conditions, rentals, 4,373
or other charges for such THE use or services. If such THE 4,375
services are furnished in the jurisdiction of the port authority 4,376
by a public utility or a common carrier, charges by the port 4,377
authority for the services shall not be less than the charges 4,378
established for the same services furnished by a public utility 4,379
or common carrier in the port authority jurisdiction. Such THE 4,380
rentals or other charges shall not be subject to supervision or 4,381
regulation by any other authority, commission, board, bureau, or 4,382
agency of the state and such THE contract may provide for 4,383
acquisition by such THE person or governmental agency of all or 4,385
any part of such THE port authority facility for such 4,387
consideration payable over the period of the contract or 4,388
otherwise as the port authority in its sole discretion determines 4,389
to be appropriate, but subject to the provisions of any 4,390
resolution authorizing the issuance of port authority revenue 4,391
bonds or any trust agreement securing such THE bonds. Any 4,392
governmental agency that has power to construct, operate, and 4,393
maintain port authority facilities may enter into a contract or 4,394
lease with a port authority whereby the use or services of any 4,395
port authority facility will be made available to the 4,396
governmental agency, and may pay for such THE use or services 4,397
101
such rentals or other charges as may be agreed to by the port 4,398
authority and such THE governmental agency. 4,399
Any governmental agency or combination of governmental 4,401
agencies may cooperate with the port authority in the acquisition 4,402
or construction of port authority facilities and shall enter into 4,403
such agreements with the port authority as may be appropriate, 4,404
with a view to effective cooperative action and safeguarding of 4,405
the respective interests of the parties thereto, which agreements 4,406
shall provide for such contributions by the parties thereto in 4,407
such A proportion as may be agreed upon and such other terms as 4,409
may be mutually satisfactory to the parties including, without 4,410
limitation, the authorization of the construction of the facility 4,411
by one of the parties acting as agent for all of the parties and 4,412
the ownership and control of the facility by the port authority 4,413
to the extent necessary or appropriate for purposes of the 4,414
issuance of port authority revenue bonds by the port authority. 4,415
Any governmental agency may provide the funds for the payment of 4,416
such ANY contribution as is required under such agreements by the 4,418
levy of taxes or assessments if otherwise authorized by the laws 4,419
governing such THE governmental agency in the construction of the 4,421
type of port authority facility provided for in the agreements, 4,422
and may pay the proceeds from the collection of such THE taxes or 4,424
assessments; or the governmental agency may issue bonds or notes, 4,425
if authorized by such THOSE laws, in anticipation of the 4,426
collection of such THE taxes or assessments, and may pay the 4,428
proceeds of such THE bonds or notes to the port authority 4,430
pursuant to such agreements. In addition, any governmental 4,431
agency may provide the funds for the payment of such A 4,432
contribution by the appropriation of money or, if otherwise 4,433
authorized by law, by the issuance of bonds or notes and may pay 4,434
such THE appropriated money or the proceeds of such THE bonds or 4,436
notes to the port authority pursuant to such agreements. The
agreement by the governmental agency to provide such A 4,437
contribution, whether from appropriated money or from the 4,438
102
proceeds of such taxes or assessments, or such bonds or notes, or 4,440
any combination thereof, shall not be subject to Chapter 133. of 4,441
the Revised Code or any rules or limitations contained therein. 4,442
The proceeds from the collection of such taxes or assessments, 4,443
and any interest earned thereon, shall be paid into a special 4,444
fund immediately upon the collection thereof by the governmental 4,445
agency for the purpose of providing such THE contribution at the 4,446
times required under such agreements. 4,447
When the contribution of any governmental agency is to be 4,449
made over a period of time from the proceeds of the collection of 4,450
special assessments, the interest accrued and to accrue before 4,451
the first installment of the assessments is collected, which is 4,452
payable by the governmental agency on the contribution under the 4,453
terms and provisions of the agreements, shall be treated as part 4,454
of the cost of the improvement for which the assessments are 4,455
levied, and that portion of such THE assessments as are THAT IS 4,457
collected in installments shall bear interest at the same rate as 4,458
the governmental agency is obligated to pay on the contribution 4,459
under the terms and provisions of the agreements and for the same 4,460
period of time as the contribution is to be made under the 4,461
agreements. If the assessment or any installment thereof is not 4,462
paid when due, it shall bear interest until the payment thereof 4,463
at the same rate as such THE contribution and the county auditor 4,464
shall annually place on the tax list and duplicate the interest 4,465
applicable to such THE assessment and the penalty thereon as 4,466
otherwise authorized by law. 4,467
Any governmental agency, pursuant to a favorable vote of 4,469
the electors in an election held before or after the effective 4,470
date of this section JULY 9, 1982, for the purpose of issuing 4,472
bonds to provide funds to acquire, construct, or equip, or 4,473
provide real estate and interests in real estate for, a port 4,474
authority facility, whether or not the governmental agency, at 4,475
the time of the election, had the authority to pay the proceeds 4,476
from such THE bonds or notes issued in anticipation of the bonds 4,478
103
to the port authority as provided in this section, may issue such 4,479
bonds or notes in anticipation of the issuance of the bonds and 4,480
pay the proceeds of such THE bonds or notes to the port authority 4,482
in accordance with its agreement with the port authority; 4,483
provided, that the legislative authority of the governmental 4,484
agency finds and determines that the port authority facility to 4,485
be acquired or constructed by the port authority in cooperation 4,486
with such THE governmental agency will serve the same public 4,488
purpose and meet substantially the same public need as the 4,489
facility otherwise proposed to be acquired or constructed by the 4,490
governmental agency with the proceeds of such THE bonds and 4,491
notes.
Sec. 4582.431. (A) A PORT AUTHORITY MAY ENTER INTO ANY 4,493
CONTRACTS OR OTHER ARRANGEMENTS WITH THE UNITED STATES 4,495
GOVERNMENT, OR ANY DEPARTMENT THEREOF, WITH PERSONS, RAILROADS, 4,496
OR OTHER CORPORATIONS, WITH PUBLIC CORPORATIONS, WITH PUBLIC 4,497
UTILITIES, AND WITH THE STATE GOVERNMENT OF THIS OR ANY OTHER 4,499
STATE, WITH COUNTIES, MUNICIPALITIES, TOWNSHIPS, OR OTHER 4,500
GOVERNMENTAL AGENCIES CREATED BY OR UNDER THE AUTHORITY OF THE 4,501
LAWS OF THIS STATE OR OTHER STATES, INCLUDING SEWERAGE, DRAINAGE, 4,502
CONSERVATION, CONSERVANCY, OR OTHER IMPROVEMENT DISTRICTS IN THIS 4,503
OR OTHER STATES OR THE GOVERNMENTS OR AGENCIES OF FOREIGN 4,504
COUNTRIES AS MAY BE NECESSARY OR CONVENIENT FOR THE EXERCISE OF 4,505
THE POWERS GRANTED BY SECTIONS 4582.21 TO 4582.59 OF THE REVISED 4,507
CODE, INCLUDING THE MAKING OF SURVEYS, INVESTIGATIONS, OR REPORTS 4,509
THEREON; PROVIDED THAT THE CONTRACTS OR ARRANGEMENTS SHALL NOT BE 4,510
IN VIOLATION OF SECTION 13 OR 16 OF ARTICLE VIII, OHIO 4,511
CONSTITUTION. THE PORT AUTHORITY MAY PURCHASE, LEASE, OR ACQUIRE 4,512
LAND OR OTHER PROPERTY IN ANY COUNTY OF THIS STATE AND IN 4,513
ADJOINING STATES FOR THE ACCOMPLISHMENT OF AUTHORIZED PURPOSES OF 4,514
THE PORT AUTHORITY, OR FOR THE IMPROVEMENT OF THE HARBOR AND PORT 4,515
FACILITIES OVER WHICH THE PORT AUTHORITY MAY HAVE JURISDICTION, 4,516
AND MAY LET CONTRACTS OR SPEND MONEY FOR THOSE PURPOSES, 4,517
INCLUDING DEVELOPMENT OF PORT FACILITIES IN ADJOINING STATES. 4,518
104
THE AUTHORITY GRANTED IN THIS SECTION TO ENTER INTO CONTRACTS OR 4,519
OTHER ARRANGEMENTS WITH THE UNITED STATES GOVERNMENT OR ANY 4,520
DEPARTMENT THEREOF, INCLUDES THE POWER TO ENTER INTO ANY 4,521
CONTRACTS, ARRANGEMENTS, OR AGREEMENTS THAT MAY BE NECESSARY TO 4,522
HOLD AND SAVE HARMLESS THE UNITED STATES FROM DAMAGES DUE TO THE 4,524
CONSTRUCTION AND MAINTENANCE BY THE UNITED STATES OF WORK THE 4,525
UNITED STATES UNDERTAKES.
ANY POLITICAL SUBDIVISION THAT HAS PARTICIPATED IN THE 4,527
CREATION OF A PORT AUTHORITY, OR IS WITHIN, OR ADJACENT TO A 4,528
POLITICAL SUBDIVISION THAT IS WITHIN, THE JURISDICTION OF A PORT 4,530
AUTHORITY, MAY ENTER INTO AN AGREEMENT, WHICH MAY BE AMENDED OR 4,531
SUPPLEMENTED, WITH THE PORT AUTHORITY TO ACCOMPLISH ANY OF THE 4,532
AUTHORIZED PURPOSES OF THE PORT AUTHORITY. THE AGREEMENT MAY SET 4,533
FORTH THE EXTENT TO WHICH THE PORT AUTHORITY SHALL ACT AS THE 4,534
AGENT OF THE POLITICAL SUBDIVISION.
(B) A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE 4,537
OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR 4,538
ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE 4,539
PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY 4,540
POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF 4,541
THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT 4,542
AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO 4,543
EXERCISE, PERFORM, OR RENDER. 4,544
UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE 4,546
LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND 4,547
ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE 4,548
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE 4,549
SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE 4,550
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY 4,551
OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT, 4,552
WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING 4,553
SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL 4,554
POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS 4,556
MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE 4,557
105
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE 4,558
AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY 4,559
CONTRACTING SUBDIVISION DIRECTLY. THE EXERCISE OF THOSE POWERS, 4,560
PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES 4,561
BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE 4,562
GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR 4,563
CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING 4,564
EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE 4,566
BEING RENDERED. ANY SUCH AGREEMENT SHALL NOT SUSPEND THE
POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF, 4,568
OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO 4,569
PERFORM ANY FUNCTION OR RENDER ANY SERVICE. A PORT AUTHORITY OR 4,570
ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY 4,571
AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR
EXEMPT TAXES OR ANY POWER OF EMINENT DOMAIN WITHIN, AND ON BEHALF 4,572
OF, ANY OTHER SUBDIVISION TO SUCH AN AGREEMENT UNLESS APPROVED BY 4,574
A MAJORITY OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION. 4,575
Sec. 4582.46. The exercise of the powers granted by 4,584
sections 4582.22 to 4582.59 of the Revised Code will SHALL be for 4,586
the benefit of the people of the state, for the improvement of 4,587
their health, safety, convenience, and welfare, and for the 4,588
enhancement of their residential, agricultural, recreational, 4,589
economic, commercial, distributional DISTRIBUTION, research, and 4,590
industrial opportunities and is a public purpose. As the 4,592
operation and maintenance of port authority facilities will 4,593
constitute the performance of essential governmental functions, a 4,594
port authority shall not be required to pay any taxes or 4,595
assessments upon any port authority facility, upon any property 4,596
acquired or used by the port authority under sections 4582.22 to 4,597
4582.59 of the Revised Code, or upon the income therefrom, nor 4,598
shall the transfer to or from a port authority of title or 4,599
possession of any port authority facility, part thereof, or item 4,600
included or to be included in any such facility, be subject to 4,601
the taxes levied pursuant to Chapters 5739. and 5741. of the 4,602
106
Revised Code, provided, such THIS exemption does not apply to any 4,603
property belonging to any port authority while OCCUPIED AND USED 4,605
DURING A TAX YEAR BY a person WHO is a lessee of such THE 4,606
property AS OF THE TAX LIEN DATE FOR THAT TAX YEAR under A 4,607
written lease providing for a tenancy WITH A REMAINING TERM 4,608
longer than one year. The bonds and notes issued under this 4,610
chapter, their transfer, and the income therefrom, shall at all 4,611
times be free from taxation within the state. 4,612
Sec. 4582.47. (A) With respect to facilities, and their 4,621
financing, for industry, commerce, distribution, or research 4,622
AUTHORIZED PURPOSES, under agreements whereby the person to whom 4,624
the facility is to be leased, subleased, or sold, or to whom a 4,625
loan is to be made for the facility, is to make payments 4,626
sufficient to pay all of the principal of, premium, if any, and 4,627
interest on the port authority revenue bonds issued for the 4,628
facility, the port authority may, in addition to other powers 4,629
under sections 4582.22 to 4582.59 of the Revised Code, MAY DO ANY 4,630
OF THE FOLLOWING:
(1) Make loans for the acquisition or construction of the 4,632
facility to such person upon such terms as the port authority may 4,633
determine or authorize including secured or unsecured loans, and, 4,634
in connection therewith, enter into loan agreements and other 4,635
agreements, accept notes and other forms of obligation to 4,636
evidence such indebtedness and mortgages, liens, pledges, 4,637
assignments, or other security interests to secure such 4,638
indebtedness, which may be prior or subordinate to or on a parity 4,639
with other indebtedness, obligations, mortgages, pledges, 4,640
assignments, other security interests, or liens or encumbrances, 4,641
and take such actions as may be considered by it CONSIDERS 4,643
appropriate to protect such security and safeguard against 4,644
losses, including, without limitation, foreclosure and the 4,645
bidding upon and purchase of property upon foreclosure or other 4,646
sale;
(2) Sell such THE facility under such terms as it may 4,648
107
determine, including, without limitation, sale by conditional 4,649
sale or installment sale, under which title may pass prior to or 4,650
after completion of the facility or payment or provisions for 4,651
payment of all principal of, premium, if any, and interest on 4,652
such THE bonds, or at any other time provided in the agreement 4,653
pertaining to such THE sale, and including sale under an option 4,654
to purchase at a price which may be a nominal amount or less than 4,656
true value at the time of purchase; 4,657
(3) Grant a mortgage, lien, or other encumbrance on, or 4,659
pledge or assignment of, or other security interest with respect 4,660
to, all or any part of the facility, revenues, reserve funds, or 4,661
other funds established in connection with such THE bonds, or on, 4,663
of, or with respect to any lease, sublease, sale, conditional 4,664
sale or installment sale agreement, loan agreement, or other 4,665
agreement pertaining to the lease, sublease, sale, or other 4,666
disposition of a facility or pertaining to a loan made for a 4,667
facility, or any guaranty or insurance agreement made with 4,668
respect thereto, or any interest of the port authority therein, 4,669
or any other interest granted, assigned, or released to secure 4,670
payments of the principal of, premium, if any, or interest on the 4,671
bonds or to secure any other payments to be made by the port 4,672
authority, which mortgage, lien, encumbrance, pledge, assignment, 4,673
or other security interest may be prior or subordinate to or on a 4,674
parity with any other mortgage, assignment, or other security 4,675
interest, or lien or encumbrance; 4,676
(4) Provide that the interest on such THE bonds may be at 4,678
a variable rate or rates changing from time to time in accordance 4,679
with a base or formula as authorized by the port authority; 4,680
(5) Contract for the acquisition or construction of such 4,682
THE facility or any part thereof and for the leasing, subleasing, 4,683
sale, or other disposition of such THE facility in a manner 4,684
determined by the port authority in its sole discretion, without 4,685
necessity for competitive bidding or performance bonds. 4,686
(B) The port authority, in the lease, sale, or loan 4,688
108
agreement with respect to a facility referred to in division (A) 4,689
of this section, shall make; 4,690
(6) MAKE appropriate provision for adequate maintenance of 4,693
the facility.
(C)(B) With respect to the facilities referred to in this 4,695
section, the authority granted by this section is cumulative and 4,696
supplementary to all other authority granted in this chapter. The 4,698
authority granted by this section does not alter or impair any 4,699
similar authority granted elsewhere in this chapter for or with 4,700
respect to other facilities.
Sec. 4582.48. A port authority may at any time MAY issue 4,709
PORT AUTHORITY revenue bonds and notes in such principal amounts 4,710
as, in the opinion of the port authority, are necessary for the 4,712
purpose of paying the cost of one or more port authority 4,713
facilities or parts thereof. A port authority may at any time 4,714
MAY issue renewal notes, issue bonds to pay such RETIRE ITS notes 4,716
and whenever it deems CONSIDERS refunding expedient, refund any 4,718
bonds by the issuance of port authority revenue refunding bonds 4,719
of a political subdivision creating or participating in the 4,720
creation of the port authority whether the bonds to be refunded 4,721
have or have not matured, and issue PORT AUTHORITY REVENUE bonds 4,722
partly to refund bonds then outstanding BONDS and partly for any 4,723
other authorized purpose. The PORT AUTHORITY REVENUE refunding 4,725
bonds shall be sold and the proceeds applied to the purchase, 4,727
redemption, or payment of the bonds to be refunded. Except as 4,728
may otherwise be expressly provided by the port PORT authority, 4,729
every issue of its revenue bonds or notes shall be special 4,731
obligations of the port authority payable out of the revenues of 4,732
the port authority that are pledged for such payment, without 4,733
preference or priority of the first bonds issued, subject only to 4,734
any agreements with the holders of particular bonds or notes 4,735
pledging any particular revenues. Such THE pledge shall be valid 4,736
and binding from the time the pledge is made and the revenues so 4,738
pledged and thereafter received by the port authority shall 4,739
109
immediately SHALL be subject to the lien of the pledge without 4,741
any physical delivery thereof or further act, and the lien of any 4,742
such THE pledge is valid and binding as against all parties 4,744
having claims of any kind in tort, contract, or otherwise against 4,745
the port authority, irrespective of whether such THOSE parties 4,746
have notice thereof. Neither the resolution nor any trust 4,747
agreement by which a pledge is created need be filed or recorded 4,748
except in the records of the port authority. 4,749
Whether or not the PORT AUTHORITY REVENUE bonds or notes 4,751
are of such form and character as to be negotiable instruments, 4,753
the PORT AUTHORITY REVENUE bonds or notes shall have all the 4,755
qualities and incidents of negotiable instruments, subject only 4,756
to the provisions of the bonds or notes for registration. 4,757
The PORT AUTHORITY REVENUE bonds and notes shall be 4,759
authorized by resolution of the port authority, AND SHALL BEAR 4,761
INTEREST AT SUCH RATE OR RATES, shall bear such date or dates, 4,762
and shall mature at such time or times, in the case of any such 4,763
AND IN SUCH NUMBER OF INSTALLMENTS AS MAY BE PROVIDED IN OR 4,765
PURSUANT TO THAT RESOLUTION. THE FINAL MATURITY OF ANY PORT
AUTHORITY REVENUE BOND IN THE FORM OF A note or AND any renewals 4,768
thereof SHALL not exceeding EXCEED five years from the date of 4,769
issue of such THE original note and in the case of any such bond. 4,771
THE FINAL MATURITY OF ANY ORIGINAL ISSUE OF PORT AUTHORITY 4,772
REVENUE BONDS SHALL not exceeding EXCEED forty years from the 4,773
date of issue, and THE FINAL MATURITY OF ANY PORT AUTHORITY 4,774
REVENUE BONDS THAT REFUND OUTSTANDING PORT AUTHORITY REVENUE 4,775
BONDS SHALL NOT BE LATER THAN THE LATER OF FORTY YEARS FROM THE 4,776
DATE OF ISSUE OF THE ORIGINAL ISSUE OF BONDS OR THE DATE BY WHICH 4,777
IT IS EXPECTED, AT THE TIME OF ISSUANCE OF THE REFUNDING BONDS, 4,778
THAT THE USEFUL LIFE OF ALL OF THE PROPERTY REFINANCED WITH THE 4,779
PROCEEDS OF THE BONDS, OTHER THAN INTERESTS IN LAND, WILL HAVE 4,780
EXPIRED. ANY SUCH BONDS OR NOTES shall be executed in such A 4,783
manner as such THE resolution or resolutions may provide. The 4,785
PORT AUTHORITY REVENUE bonds and notes shall bear interest at 4,786
110
such rate or rates, be in such denominations, be in such form, 4,787
either coupon or registered, carry such registration privileges, 4,788
be payable in such medium of payment, at such place or places, 4,789
and be subject to such terms of redemption as the port authority 4,790
may authorize BE PROVIDED IN OR PURSUANT TO THE RESOLUTION 4,791
AUTHORIZING THEIR ISSUANCE. The PORT AUTHORITY REVENUE bonds and 4,793
notes of the port authority may be sold by the port authority, at 4,795
public or private sale, at or at not less than such A price or 4,797
prices as the port authority determines. In case any officer 4,798
whose signature or a facsimile of whose signature appears on any 4,799
bonds, notes, or coupons, ceases to be such officer before
delivery of bonds or notes, such THE signature or facsimile shall 4,801
nevertheless be sufficient for all purposes the same as if he THE 4,802
OFFICER had remained in office until such delivery, and in case 4,803
the seal of the port authority has been changed after a facsimile 4,805
has been imprinted on such bonds or notes, such THE facsimile 4,806
seal will continue to be sufficient for all purposes. 4,807
Any resolution or resolutions authorizing any PORT 4,809
AUTHORITY REVENUE bonds or notes or any issue of bonds or notes 4,811
may contain provisions, subject to such ANY agreements with 4,812
bondholders or noteholders as may then exist, which provisions 4,814
shall be a part of the contract with the holders of the bonds or 4,815
notes, as to the pledging of all or any part of the revenues of 4,816
the port authority to secure the payment of the PORT AUTHORITY 4,817
bonds or notes or of any issue of the bonds or notes; the use and 4,819
disposition of revenues of the port authority; a covenant to fix, 4,820
alter, and collect rentals and other charges so that pledged 4,821
revenues will be sufficient to pay costs of operation, 4,822
maintenance, and repairs, pay principal of and interest on bonds 4,823
or notes secured by the pledge of such revenues, and provide such 4,824
ANY reserves as THAT may be required by the applicable resolution 4,826
or trust agreement; the setting aside of reserve funds, sinking 4,827
funds, or replacement and improvement funds and the regulation 4,828
and disposition thereof; the crediting of the proceeds of the 4,829
111
sale of bonds or notes to and among the funds referred to or 4,830
provided for in OR PURSUANT TO the resolution authorizing the 4,832
issuance of the bonds or notes; the use, lease, sale, or other 4,833
disposition of any port authority facility or any other assets of 4,834
the port authority; limitations on the purpose to which the 4,835
proceeds of sale of bonds or notes may be applied and the
pledging of such THOSE proceeds to secure the payment of the 4,836
bonds or notes or of any issue of the bonds or notes; as to notes 4,838
issued in anticipation of the issuance of bonds, the agreement of 4,839
the port authority to do all things necessary for the 4,840
authorization, issuance, and sale of such THE bonds in such 4,841
amounts as THAT may be necessary for the timely retirement of 4,843
such THE notes; limitations on the issuance of additional bonds 4,845
or notes; the terms upon which additional bonds or notes may be 4,846
issued and secured; the refunding of outstanding bonds or notes; 4,847
the procedure, if any, by which the terms of any contract with 4,848
bondholders or noteholders may be amended or abrogated, the 4,849
amount of bonds or notes the holders of which must consent 4,850
thereto, and the manner in which such consent may be given; 4,851
limitations on the amount of moneys to be expended by the port 4,852
authority for operating, administrative, or other expenses of the 4,853
port authority; securing any bonds or notes by a trust agreement 4,854
in accordance with section 4582.50 of the Revised Code; and any 4,855
other matters, of like or different character, that in any way 4,856
affect the security or protection of the bonds or notes. 4,857
At least three days prior to the delivery of bonds issued 4,859
under authority of this section, the port authority shall send a 4,860
written notice by certified mail to the clerk of the legislative 4,861
authority of each political subdivision which participated in the 4,862
creation of the port authority advising such legislative 4,863
authority of the proposed delivery of the bonds, the amount of 4,864
the bonds, the user, and a general description of the facility or 4,865
facilities to be financed. 4,866
Neither the BOARD OF directors of the port authority nor 4,868
112
any person executing the bonds or notes shall be liable 4,869
personally on the bonds or notes or be subject to any personal 4,870
liability or accountability by reason of the issuance thereof. 4,871
Sec. 4582.50. In the discretion of the port authority, any 4,880
port authority revenue bonds issued under sections 4582.22 to 4,881
4582.59 of the Revised Code, may be secured by a trust agreement 4,882
between the port authority and a corporate trustee, which trustee 4,883
THAT may be any trust company or bank having the powers of a 4,884
trust company within or without the state. 4,885
Any such THE trust agreement may pledge or assign revenues 4,887
of the port authority to be received and may convey or mortgage 4,888
any port authority facility or any part thereof. Any such THE 4,889
trust agreement or any resolution providing for the issuance of 4,890
such bonds or notes may contain such ANY provisions for 4,891
protecting and enforcing the rights and remedies of the 4,893
bondholders or noteholders as are reasonable and proper and not 4,894
in violation of law, including covenants setting forth the duties 4,895
of the port authority in relation to the acquisition of property, 4,896
the construction, improvement, maintenance, repair, operation, 4,897
and insurance of the port authority facility in connection with 4,898
which such THE bonds or notes are authorized, the rentals or 4,899
other charges to be imposed for the use or services of any port 4,902
authority facility, the custody, safeguarding, and application of 4,903
all moneys, and provisions for the employment of consulting 4,904
engineers in connection with the construction or operation of 4,905
such THE port authority facility. Any bank or trust company 4,907
incorporated under the laws of this state that may act as 4,908
depository of the proceeds of bonds or notes or of revenues may 4,909
furnish such ANY indemnifying bonds or may pledge such ANY 4,911
securities as THAT are required by the port authority. Any such 4,913
THE trust agreement may set forth the rights and remedies of the 4,915
bondholders and noteholders and of the trustee, and may restrict 4,916
the individual right of action by bondholders and noteholders as 4,917
is customary in trust agreements or trust indentures securing 4,918
113
similar bonds. Such THE trust agreement may contain such ANY 4,919
other provisions as THAT the port authority determines reasonable 4,921
and proper for the security of the bondholders or noteholders. 4,922
All expenses incurred in carrying out the provisions of any such 4,923
THE trust agreement may be treated as a part of the cost of the 4,925
operation of the port authority facility.
Sec. 4582.52. Port authority revenue bonds issued under 4,934
sections 4582.22 to 4582.59 of the Revised Code do not constitute 4,935
a debt, or a pledge of the faith and credit, of the state or any 4,936
political subdivision of the state, and the holders or owners of 4,937
the bonds have no right to have taxes levied by the general 4,938
assembly or taxing authority of any political subdivision of the 4,939
state for the payment of the principal of or interest on the 4,940
bonds, but such THE bonds and notes are payable solely from the 4,942
revenues and funds pledged for their payment as authorized by 4,943
such THOSE sections, unless the notes are issued in anticipation 4,944
of the issuance of bonds or the bonds are refunded by refunding 4,946
bonds issued under such THOSE sections, which bonds or refunding 4,947
bonds shall be payable solely from revenues and funds pledged for 4,949
their payment as authorized by such THOSE sections. All such THE 4,951
bonds and notes shall contain on the face thereof a statement to 4,952
the effect that the bonds or notes, as to both principal and 4,953
interest, are not debts of the state or any political subdivision 4,954
of the state, but are payable solely from revenues and funds 4,955
pledged for their payment. 4,956
Sec. 4582.54. Moneys in the funds of the port authority, 4,965
except as otherwise provided in any resolution authorizing the 4,966
issuance of its port authority revenue bonds or in any trust 4,967
agreement securing the same, in excess of current needs, may be 4,969
invested in notes, bonds, or other obligations of the United
States or any agency or instrumentality of the United States, or 4,970
in obligations of this state or any political subdivision of this 4,972
state AS PERMITTED BY SECTIONS 135.01 TO 135.21 OF THE REVISED 4,973
CODE. Income from all such investments of moneys in any fund 4,975
114
shall be credited to such funds as the port authority determines, 4,976
subject to the provisions of any such resolution or trust 4,977
agreement, and such investments may be sold at such ANY time as 4,979
the port authority determines. 4,980
Sec. 4582.58. (A) All final actions of the port authority 4,989
shall be journalized and such THE journal and the records of the 4,992
port authority shall be open to public inspection at all 4,994
reasonable times, except that any records or information relating 4,995
to marketing plans, specific business strategy, financial
projections, financial statements, or secret processes or secret 4,997
methods of manufacture or production that may be obtained by the 4,998
port authority or other persons acting under sections 4582.22 to 4,999
4852.59 of the Revised Code are confidential and shall not be 5,000
disclosed. NOT LATER THAN THE FIRST DAY OF APRIL EVERY YEAR, 5,001
EVERY PORT AUTHORITY SHALL SUBMIT A REPORT TO THE DIRECTOR OF
DEVELOPMENT DETAILING THE PROJECTS AND ACTIVITIES OF THE PORT 5,002
AUTHORITY DURING THE PREVIOUS CALENDAR YEAR. THE REPORT SHALL 5,003
INCLUDE, BUT NOT BE LIMITED TO, ALL ASPECTS OF THOSE PROJECTS AND 5,004
ACTIVITIES, INCLUDING THE PROGRESS AND STATUS OF THE PROJECTS AND 5,005
THEIR COSTS, AND ANY OTHER INFORMATION THE DIRECTOR DETERMINES 5,006
SHOULD BE INCLUDED IN THE REPORT.
(B) FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING TRADE 5,009
SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER TO A PORT 5,010
AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY CONTRACT TO 5,011
PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT AUTHORITY, IN 5,012
CONNECTION WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, 5,013
OR PRESERVATION OF THE BUSINESS OF THAT EMPLOYER IS NOT A PUBLIC 5,014
RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE. ANY OTHER 5,016
INFORMATION SUBMITTED BY SUCH AN EMPLOYER UNDER THOSE 5,017
CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF 5,018
THE REVISED CODE UNTIL THAT EMPLOYER COMMITS IN WRITING TO 5,021
PROCEED WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR 5,022
PRESERVATION.
(C) NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE, 5,026
115
THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF 5,027
TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (B) OF 5,029
THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN 5,030
CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS 5,031
SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT 5,032
INFORMATION PURSUANT TO A VOTE OF THE MAJORITY OF THE MEMBERS 5,033
PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE 5,034
CONSIDERED. NO OTHER MATTERS SHALL BE CONSIDERED DURING THE 5,035
CLOSED SESSION. 5,036
Sec. 4582.99. Whoever violates division (M)(N) of section 5,045
4582.06 or division (N) of section 4582.31 of the Revised Code is 5,047
guilty of a minor misdemeanor.
Section 2. That existing sections 9.981, 109.71, 109.77, 5,049
109.78, 349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01, 5,051
4582.02, 4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06, 5,052
4582.10, 4582.11, 4582.12, 4582.14, 4582.17, 4582.20, 4582.201, 5,053
4582.202, 4582.21, 4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 5,054
4582.29, 4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 5,055
4582.40, 4582.43, 4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 5,056
4582.54, 4582.58, and 4582.99 and sections 4582.021, 4582.022, 5,057
4582.23, 4582.24, and 4582.56 of the Revised Code are hereby 5,058
repealed.