As Reported by the Senate Highways and Transportation Committee   1            

123rd General Assembly                                             4            

   Regular Session                              Am. 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, 4582.17, 4582.20, 4582.201, 4582.202,     16           

                4582.21, 4582.22, 4582.25, 4582.26, 4582.27,                    

                4582.28, 4582.29, 4582.30, 4582.31, 4582.35,       18           

                4582.36, 4582.37, 4582.38, 4582.43, 4582.46,       19           

                4582.47, 4582.48, 4582.50, 4582.52, 4582.54,                    

                4582.58, and 4582.99, to enact sections 1724.11,   20           

                4582.091, and 4582.431, and to repeal sections     21           

                4582.021, 4582.022, 4582.23, 4582.24, and 4582.56  22           

                of the Revised Code to comprehensively revise the  23           

                powers and duties of port authorities, to enhance  24           

                the ability of port authorities and other          25           

                political subdivisions to cooperate in the                      

                accomplishment of mutual objectives, to establish  26           

                more consistency between the statutes governing    27           

                port authorities established on or before July 9,  28           

                1982, and those established after that date, and                

                to make other changes in the laws governing port   29           

                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, 4582.17, 4582.20, 4582.201, 4582.202, 4582.21,   36           

4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29, 4582.30,     38           

4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.43, 4582.46,     39           

4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 4582.58, and 4582.99  40           

be amended and sections 1724.11, 4582.091, and 4582.431 of the     42           

Revised Code be enacted to read as follows:                                     

      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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          12     


                                                                 
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:                                                               

                                                          13     


                                                                 
      (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          

                                                          14     


                                                                 
      (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          

                                                          15     


                                                                 
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          

                                                          16     


                                                                 
      (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, GOVERNMENTAL OPERATIONS, CULTURE, OR RESEARCH within    1,960        

the jurisdiction of the port authority;                            1,961        

      (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. 4582.17.  (A)  A port authority created in accordance   2,949        

                                                          69     


                                                                 
with section 4582.02 of the Revised Code may enter into such       2,950        

contracts or other arrangements with the United States             2,951        

government, or any department thereof, with persons, railroads,    2,952        

or other corporations, with public corporations, WITH PUBLIC       2,953        

UTILITIES, and with the state government of this or other states,  2,955        

WITH GOVERNMENTS OF FOREIGN COUNTRIES, with counties,              2,956        

municipalities, townships, or other governmental agencies created  2,957        

by or under the authority of the laws of this state, OTHER         2,958        

STATES, OR GOVERNMENTS OF FOREIGN COUNTRIES, including sewerage,   2,959        

drainage, conservation, conservancy, or other improvement          2,961        

districts in this or other states as may be necessary or           2,962        

convenient for the exercise of powers granted by sections 4582.01  2,963        

to 4582.16 of the Revised Code, including the making of surveys,   2,964        

investigations, or reports thereon; provided that such THE         2,965        

contracts or arrangements shall not be in violation of Article                  

VIII of the Ohio Constitution.  The port authority may purchase,   2,966        

lease, or acquire land or other property in any county of this     2,967        

state and in adjoining states for the accomplishment of an         2,968        

authorized purpose PURPOSES of the port authority, or for the      2,969        

improvement of the harbor and port facilities over which the port  2,970        

authority may have jurisdiction, and may let contracts or spend    2,971        

money for making such improvements or THOSE PURPOSES, INCLUDING    2,972        

THE development of port facilities in adjoining states.  The       2,974        

authority granted in this section to enter into contracts or       2,975        

other arrangements with the United States government or any        2,976        

department thereof, includes the power to enter into any           2,977        

contracts, arrangements, or agreements as may be necessary to      2,978        

hold and save harmless the United States from damages due to the   2,979        

construction and maintenance by the United States of such works    2,980        

as the United States undertakes.                                                

      Any political subdivision which THAT has participated in     2,982        

the creation of a port authority pursuant to section 4582.02 of    2,983        

the Revised Code, or is within OR ADJACENT TO, the jurisdiction    2,985        

of the port authority, may enter into an agreement, which may be   2,986        

                                                          70     


                                                                 
amended or supplemented, with the port authority to accomplish     2,987        

any of the authorized purposes of the port authority.  Such THE    2,988        

agreement may provide for industrial, commercial, distribution,    2,989        

educational, cultural, and research development within the         2,990        

political subdivision and may set forth the extent to which the    2,991        

port authority shall act as the agent of the political             2,992        

subdivision.  A port authority may mortgage its property, incur    2,993        

debt, and issue its obligations as provided in division (E) of     2,994        

section 4582.06 of the Revised Code for the purpose of acquiring,  2,995        

constructing, improving, and equipping buildings, structures, and  2,996        

other properties and acquiring sites therefor, for lease, sale,    2,997        

or conveyance of other interests in such property by the port      2,998        

authority.                                                         2,999        

      (B)  A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE   3,002        

OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR    3,003        

ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE   3,004        

PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY     3,005        

POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF   3,006        

THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT    3,007        

AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO          3,008        

EXERCISE, PERFORM, OR RENDER.                                      3,009        

      UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE      3,011        

LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND    3,012        

ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE     3,013        

SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE      3,014        

SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE           3,015        

EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY    3,016        

OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT,   3,017        

WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING      3,018        

SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL    3,019        

POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS    3,020        

MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE      3,021        

FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE     3,022        

AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY            3,023        

                                                          71     


                                                                 
CONTRACTING SUBDIVISION DIRECTLY.  THE EXERCISE OF THOSE POWERS,   3,024        

PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES    3,025        

BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE      3,026        

GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR     3,027        

CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING    3,028        

EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE  3,030        

BEING RENDERED.  ANY SUCH AGREEMENT SHALL NOT SUSPEND THE                       

POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF,  3,032        

OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO      3,033        

PERFORM ANY FUNCTION OR RENDER ANY SERVICE.  A PORT AUTHORITY OR   3,034        

ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY     3,035        

AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR                  

EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND   3,036        

ON BEHALF OF, ANY OTHER SUBDIVISION UNLESS APPROVED BY A MAJORITY  3,039        

OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION.                   3,040        

      Sec. 4582.20.  A port authority created under sections       3,049        

4582.01 to 4582.20, inclusive, of the Revised Code, shall be       3,050        

exempt from and shall not be required to pay any taxes on          3,052        

property, both real and personal, OR ANY COMBINATION THEREOF,      3,053        

belonging to any such port authority, which THAT is used           3,054        

exclusively for any public AUTHORIZED purpose; provided, such      3,055        

THIS exemption shall not apply to any property belonging to any    3,056        

port authority while OCCUPIED AND USED DURING A TAX YEAR BY a      3,057        

private enterprise PERSON WHO is a lessee of such THE property AS  3,059        

OF THE TAX LIEN DATE FOR THAT TAX YEAR under A written lease       3,060        

providing for a tenancy WITH A REMAINING TERM longer than one      3,061        

year.                                                                           

      Sec. 4582.201.  (A)  Sections 4582.01 to 4582.20 of the      3,070        

Revised Code apply exclusively to a port authority in existence    3,071        

on the effective date of this section JULY 9, 1982, unless the     3,073        

subdivision or subdivisions which THAT created such THE port       3,074        

authority act pursuant to division (B) of this section.            3,076        

      (B)  The subdivision or subdivisions which THAT created a    3,078        

port authority in existence on the effective date of this section  3,079        

                                                          72     


                                                                 
JULY 9, 1982, may adopt a resolution or ordinance to permit the    3,081        

port authority to operate under sections 4582.21 to 4582.59 of     3,082        

the Revised Code. Upon SUBJECT TO DIVISION (C) OF THIS SECTION,    3,083        

UPON adoption of such a resolution or ordinance, sections 4582.01  3,084        

to 4582.20 of the Revised Code no longer apply.  At the time the   3,085        

resolution or ordinance is adopted, the subdivision or             3,086        

subdivisions which THAT created the port authority may also MAY    3,088        

act pursuant to division (B) of section 4582.22 of the Revised                  

Code to restrict the powers of the port authority.                 3,089        

      (C)  THE SUBDIVISION OR SUBDIVISIONS THAT HAVE ADOPTED A     3,092        

RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF THIS SECTION MAY     3,093        

ADOPT A RESOLUTION OR ORDINANCE TO PERMIT THE PORT AUTHORITY TO    3,094        

RESUME OPERATING UNDER SECTIONS 4582.01 TO 4582.20 OF THE REVISED  3,096        

CODE.  UPON ADOPTION OF SUCH A RESOLUTION OR ORDINANCE AND         3,098        

ADOPTION OF A SIMILAR RESOLUTION BY THE BOARD OF DIRECTORS OF THE  3,099        

AFFECTED PORT AUTHORITY, SECTIONS 4582.21 TO 4582.59 OF THE        3,101        

REVISED CODE SHALL NOT APPLY AND SECTIONS 4582.01 TO 4582.20 OF    3,103        

THE REVISED CODE SHALL APPLY FROM AND AFTER THE TIME THE LAST      3,106        

SUCH RESOLUTION OR ORDINANCE IS ADOPTED.  A SUBDIVISION OR         3,107        

SUBDIVISIONS THAT ACT UNDER DIVISION (C) OF THIS SECTION MAY NOT   3,108        

THEREAFTER ADOPT A RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF   3,110        

THIS SECTION.                                                                   

      Sec. 4582.202.  Sections 4582.21 to 4582.59 of the Revised   3,119        

Code apply exclusively to a port authority created after the       3,120        

effective date of this section JULY 9, 1982, and to a port         3,121        

authority in existence on the effective date of this section JULY  3,123        

9, 1982, if the subdivision or subdivisions which THAT created     3,124        

the port authority adopts ADOPT a resolution or ordinance          3,125        

permitted under division (B) of section 4582.201 of the Revised    3,126        

Code BUT HAVE NOT ADOPTED A RESOLUTION OR ORDINANCE UNDER          3,127        

DIVISION (C) OF THAT SECTION TO RESUME OPERATING UNDER SECTIONS                 

4582.01 TO 4582.20 OF THE REVISED CODE.                            3,128        

      Sec. 4582.21.  As used in sections 4582.22 to 4582.59 of     3,138        

the Revised Code:                                                  3,139        

                                                          73     


                                                                 
      (A)  "Port authority" means a body corporate and politic     3,141        

created pursuant to THE authority of section 4582.22 of the        3,142        

Revised Code.  A port authority created pursuant to section        3,143        

4582.22 of the Revised Code need not be adjacent to, connected     3,144        

with, or have located within its jurisdiction a body of water.     3,145        

      (B)  "Submerged lands" means the lands presently underlying  3,147        

the waters of Lake Erie or formerly underlying the waters of Lake  3,148        

Erie and now artificially filled between the natural shoreline     3,149        

and the harbor line or the line of commercial navigation where no  3,150        

harbor line has been established.                                  3,151        

      (C)  "Uplands" means lands contiguous to or fronting upon    3,153        

any submerged lands in this state.                                 3,154        

      (D)  Unless otherwise defined, "publication" means           3,156        

publication once a week on the same day of the week for three      3,157        

consecutive weeks in a newspaper of general circulation in the     3,158        

county or counties wherein such publication is required to be      3,159        

made.  Publication shall be complete on the date of the last       3,160        

publication.                                                       3,161        

      (E)  "Aviation facilities" means any facilities used,        3,163        

available for use, or designed for use for the safe navigation,    3,164        

landing or taking off of aircraft; for the safety, storage,        3,165        

maintenance and repair of aircraft; for the comfort and            3,166        

accommodations of the users of air transportation, including       3,167        

persons, cargo, mail, and other property, and for the safe and     3,168        

efficient operation and maintenance of airports and any care of    3,169        

such facilities.                                                   3,170        

      (F)  AUTHORIZED PURPOSES" OR "PURPOSE" MEANS EITHER OF THE   3,172        

FOLLOWING:                                                         3,173        

      (1)  ACTIVITIES THAT ENHANCE, FOSTER, AID, PROVIDE, OR       3,175        

PROMOTE TRANSPORTATION, ECONOMIC DEVELOPMENT, HOUSING,             3,176        

RECREATION, EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR        3,177        

RESEARCH WITHIN THE JURISDICTION OF THE PORT AUTHORITY;            3,178        

      (2)  ACTIVITIES AUTHORIZED BY SECTIONS 13 AND 16 OF ARTICLE  3,181        

VIII, OHIO CONSTITUTION.                                           3,182        

                                                          74     


                                                                 
      (C)  "Governmental agency" means a department, division, or  3,184        

other unit of state government OF THIS STATE OR ANY OTHER STATE,   3,185        

a municipal corporation, county, township, or other political      3,187        

subdivision, or any other public corporation or agency having the  3,188        

power to acquire, construct, or operate port authority facilities  3,189        

CREATED UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, the United  3,190        

States, or any DEPARTMENT OR agency thereof, and any agency,       3,191        

commission, or authority established pursuant to an interstate     3,192        

compact or agreement.                                                           

      (G)(D)  "Person" means any individual, firm, partnership,    3,194        

association, or corporation, or any combination thereof.           3,195        

      (H)(E)  "Port authority facility" or "facility" means any    3,197        

commercial, industrial, distribution, residential, recreational,   3,198        

or research facility located within the jurisdiction of the port   3,199        

authority, including, but not limited to, aviation facilities,     3,200        

marinas, water ports, trucking terminals, railroad terminals,      3,201        

warehouses, wharves, piers, docks, or transportation equipment,    3,202        

together with all real and personal property, property rights,     3,203        

easements, and interests that may be appropriate for the           3,204        

operation of the facility.  As used in division (H) of section     3,205        

4582.33, and sections 4582.50 and 4582.52 of the Revised Code,     3,206        

"port authority facility" or "facility" does not include           3,207        

residential facilities REAL OR PERSONAL PROPERTY, OR ANY           3,208        

COMBINATION THEREOF OWNED, LEASED, OR OTHERWISE CONTROLLED OR      3,210        

FINANCED BY A PORT AUTHORITY AND RELATED TO, USEFUL FOR, OR IN     3,211        

FURTHERANCE OF, ONE OR MORE AUTHORIZED PURPOSES.                   3,212        

      (I)(F)  "Cost" as applied to a port authority facility       3,214        

means the cost of acquisition and OR construction of such THE      3,216        

facility, and the cost of acquistion ACQUISITION of all land,      3,217        

rights-of-way, property rights, easements, franchise rights, and   3,218        

interests required for such THAT acquisition and OR construction,  3,220        

the cost of demolishing or removing any buildings or structures    3,221        

on land so acquired, including the cost of acquiring any lands to  3,222        

which such THOSE buildings or structures may be moved, the cost    3,223        

                                                          75     


                                                                 
of acquiring or constructing and equipping a principal office of   3,224        

the port authority, the cost of diverting highways, interchange    3,225        

of highways, AND access roads to private property, including the   3,226        

cost of land or easements for such THE access roads, the cost of   3,228        

public utility and common carrier relocation or duplication, the   3,229        

cost of all machinery, furnishings, and equipment, financing       3,230        

charges, interest prior to and during construction and for no      3,231        

more than eighteen months after completion of construction,        3,232        

engineering, expenses of research and development with respect to  3,233        

port authority facilities, legal expenses, plans, specifications,  3,234        

surveys, studies, estimates of cost and revenues, working          3,235        

capital, other expenses necessary or incident to determining the   3,236        

feasibility or practicability of acquiring or construction such    3,237        

CONSTRUCTING THE facility, administrative expense, and such other  3,239        

expenses as may be necessary or incident to the acquisition or     3,240        

construction of the facility, the financing of such THE            3,241        

acquisition or construction, including the amount authorized in    3,243        

the resolution of the port authority providing for the issuance    3,244        

of port authority revenue bonds to be paid into any special funds  3,245        

from the proceeds of such bonds and the financing of the placing   3,246        

of such THE facility in operation.  Any obligation, cost, or       3,247        

expense incurred by any governmental agency or person for          3,248        

surveys, borings, preparation of plans and specifications, and     3,249        

other engineering services, or any other cost described above, in  3,250        

connection with the acquisition or construction of a facility may  3,251        

be regarded as part of the cost of such THE facility and may be    3,252        

reimbursed out of the proceeds of port authority revenue bonds as  3,253        

authorized by this chapter.                                        3,254        

      (J)  "Owner" includes a person having any title or interest  3,256        

in any property, rights, easements, or interests authorized to be  3,257        

acquired by sections 4582.21 to 4582.59 of the Revised Code.       3,258        

      (K)(G)  "Revenues" means all rentals and other charges       3,260        

received by the port authority for the use or services of any      3,261        

port authority facility, any gift or grant received with respect   3,262        

                                                          76     


                                                                 
to any port authority facility, any moneys received with respect   3,263        

to the lease, sublease, sale, including installment sale or        3,264        

conditional sale, or other disposition of a port authority         3,265        

facility, moneys received in repayment of and for interest on any  3,266        

loans made by the port authority to a person or governmental       3,267        

agency, whether from the United States or any department,          3,268        

administration, or agency thereof, or otherwise, proceeds of such  3,269        

port authority revenue bonds to the extent the use thereof for     3,270        

payment of principal or of premium, if any, or interest on the     3,271        

bonds is authorized by the port authority, proceeds from any       3,272        

insurance, condemnation, or guaranty pertaining to a facility or   3,273        

property mortgaged to secure bonds or pertaining to the financing  3,274        

of the facility, and income and profit from the investment of the  3,275        

proceeds of port authority revenue bonds or of any revenues.       3,276        

      (L)(H)  "Public roads" includes all public highways, roads,  3,278        

and streets in the state, whether maintained by the state, OR BY   3,279        

A county, city, township, MUNICIPAL CORPORATION, or other          3,281        

political subdivision.                                                          

      (M)(I)  "Construction," unless the context indicates a       3,283        

different meaning or intent, includes reconstruction ALTERATION,   3,284        

CONSTRUCTION, CREATION, DEVELOPMENT, enlargement, improvement, or  3,287        

providing furnishings or equipment INSTALLATION, RECONSTRUCTION,   3,288        

REMODELING, AND RENOVATION.                                        3,289        

      (N)(J)  "Port authority revenue bonds," unless the context   3,291        

indicates a different meaning or intent, includes port authority   3,292        

revenue notes, port authority revenue renewal notes, and port      3,293        

authority revenue refunding bonds, except that notes issued in     3,294        

anticipation of the issuance of bonds shall have a maximum         3,295        

maturity of five years as provided in section 4582.48 of the       3,296        

Revised Code and notes or renewal notes issued as the definitive   3,297        

obligation may be issued maturing at such time or times with a     3,298        

maximum maturity of forty years from the date of issuance of the   3,299        

original note.                                                     3,300        

      (K)  "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL        3,303        

                                                          77     


                                                                 
SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF     3,304        

ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT    3,305        

AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL   3,306        

SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE.  "CONTRACTING       3,307        

SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT.  3,308        

      (L)  "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT         3,311        

LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT      3,312        

AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT                      

DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL    3,313        

AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT,       3,314        

REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT,  3,316        

AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS      3,317        

STATE.  "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A              3,318        

TRANSPORTATION IMPROVEMENT DISTRICT.                                            

      Sec. 4582.22.  (A)  Any municipal corporation, township, OR  3,327        

county NOT INCLUDED IN A PORT AUTHORITY IN EXISTENCE ON DECEMBER   3,328        

16, 1964, MAY CREATE, or any combination of a municipal            3,329        

corporation, municipal corporations, township, townships, county,  3,331        

or counties, no one of which has been included in a port           3,332        

authority in existence on December 16, 1964, may create, AND ANY   3,333        

OF THE FOREGOING TOGETHER WITH ANY OTHER POLITICAL SUBDIVISION OR  3,334        

SUBDIVISIONS MAY CREATE a port authority.  A municipal             3,335        

corporation shall act by ordinance, a township shall act by        3,336        

resolution of the township trustees, and a county shall act by     3,337        

resolution of the county commissioners, AND ANY OTHER POLITICAL    3,338        

SUBDIVISION SHALL ACT BY RESOLUTION OF ITS LEGISLATIVE AUTHORITY,  3,339        

in authorizing the creation of a port authority.  A port           3,341        

authority created pursuant to this section is a body corporate     3,342        

and politic which may sue and be sued, plead and be impleaded,     3,343        

and has the powers and jurisdiction enumerated in sections         3,344        

4582.21 to 4582.59 of the Revised Code.  The exercise by such      3,345        

port authority of the powers conferred upon it shall be deemed to  3,346        

be essential governmental functions of this state, but no port     3,347        

authority is immune from liability by reason thereof.              3,348        

                                                          78     


                                                                 
      (B)  At the time a port authority is created pursuant to     3,350        

division (A) of section 4582.22 of the Revised Code or, in the     3,351        

case of a port authority in existence on the effective date of     3,352        

this section JULY 9, 1982, at the time the subdivision or          3,354        

subdivisions which created such authority act pursuant to          3,355        

division (B) of section 4582.201 of the Revised Code, the          3,356        

subdivision or subdivisions which create the port authority may    3,357        

restrict the powers granted the port authority pursuant to this    3,358        

chapter by specifically setting forth such restrictions in the     3,359        

resolution or ordinance creating the port authority or in the      3,360        

resolution or ordinance adopted pursuant to division (B) of        3,361        

section 4582.201 of the Revised Code.                              3,362        

      (C)  The subdivision or subdivisions which created a port    3,364        

authority whose powers have been restricted pursuant to division   3,365        

(B) of this section may, at any time, adopt a resolution or        3,366        

ordinance to grant additional powers, so long as the powers so     3,367        

granted do not exceed the powers permitted pursuant to this        3,368        

chapter.                                                           3,369        

      Sec. 4582.25.  (A)  Any municipal corporation, township, or  3,378        

county, OR OTHER POLITICAL SUBDIVISION creating or participating   3,380        

in the creation of a port authority in accordance with section                  

4582.22 of the Revised Code may appropriate and expend public      3,381        

funds to finance or subsidize the operation AND AUTHORIZED         3,382        

PURPOSES of the port authority.                                    3,383        

      (B)  Subject to making due provisions for payment and        3,385        

performance of its obligations, a port authority may be dissolved  3,386        

by the subdivision or subdivisions creating it, and in such event  3,387        

the properties of the port authority shall be transferred to the   3,388        

subdivision creating it, or, if created by more than one           3,390        

subdivision, to the subdivisions creating it in such A manner as   3,391        

may be agreed upon between such THE subdivisions PRIOR TO THE      3,392        

DISSOLUTION OF THE PORT AUTHORITY.                                              

      Sec. 4582.26.  After a port authority has been created, any  3,402        

municipal corporation, township, or county, OR OTHER POLITICAL     3,403        

                                                          79     


                                                                 
SUBDIVISION, acting by ordinance or resolution, which is           3,405        

contiguous to any municipal corporation, township, or county, OR   3,406        

OTHER POLITICAL SUBDIVISION which participated in the creation of  3,407        

such port authority or to any municipal corporation, township, or  3,408        

county, OR OTHER POLITICAL SUBDIVISION which proposes to join the  3,410        

port authority at the same time and is contiguous to any           3,411        

municipal corporation, township, or county, OR OTHER POLITICAL     3,412        

SUBDIVISION which participated in the creation of such port        3,413        

authority, may join such port authority, and thereupon the         3,414        

jurisdiction and territory of the port authority includes the      3,415        

municipal corporation, county, or township, OR OTHER POLITICAL     3,416        

SUBDIVISION so joining.  If more than one such political           3,418        

subdivision is to be joined to the port authority at the same      3,419        

time, then each such ordinance or resolution shall designate the   3,420        

political subdivisions which are to be so joined. Any territory    3,421        

or municipal corporation not included in a port authority and      3,422        

which is annexed to a municipal corporation included within the    3,423        

jurisdiction and territory of a port authority shall, on such      3,424        

annexation and without further proceedings, be annexed to and be   3,425        

included in the jurisdiction and territory of the port authority.  3,426        

Before such political subdivision or subdivisions are joined to a  3,427        

port authority, other than by annexation to a municipal            3,428        

corporation, the political subdivision or subdivisions             3,429        

theretofore comprising such port authority shall agree upon the    3,430        

terms and conditions pursuant to which such political subdivision  3,431        

or subdivisions are to be joined.  For all purposes of sections    3,432        

4582.21 to 4582.59 of the Revised Code, such political             3,433        

subdivision or subdivisions shall be considered to have            3,434        

participated in the creation of such port authority, except that   3,435        

the initial term of any director of the port authority appointed   3,436        

by such a political subdivision shall be four years.  After each   3,437        

ordinance or resolution proposing joinder to the port authority    3,438        

has become effective and the terms and conditions of joinder have  3,439        

been agreed to, the board of directors of the port authority       3,440        

                                                          80     


                                                                 
shall by resolution either accept or reject such joinder.  Such    3,441        

joinder shall be effective upon adoption of the resolution         3,442        

accepting such joinder, unless the port authority to which a       3,443        

political subdivision or subdivisions, including a county within   3,444        

which such port authority is located, are to be joined, has        3,445        

authority under section 4582.40 of the Revised Code to levy a tax  3,446        

on property within its jurisdiction, then such joinder shall not   3,447        

be effective until approved by the affirmative vote of a majority  3,448        

of the electors voting on the question of the joinder.  If more    3,449        

than one political subdivision is to be joined to the port         3,450        

authority, then the electors of such subdivisions shall vote as a  3,451        

district and the majority affirmative vote shall be determined by  3,452        

the vote case CAST in such district as a whole. The election       3,453        

shall be called by the board of directors of the port authority    3,454        

and shall be held, canvassed, and certified in the manner          3,455        

provided for the submission of tax levies under section 5705.191   3,456        

of the Revised Code except that the question appearing on the      3,457        

ballot shall read:                                                              

      "Shall .................................................     3,459        

                (Name or names of political subdivisions to        3,461        

................................................................   3,463        

be joined)                                                         3,465        

be joined to ............................. port authority          3,467        

                         (Name)                                    3,469        

and the existing tax levy (levies) of such port authority          3,471        

(aggregating) ............... mill per dollar of valuation         3,473        

be authorized to be levied against properties within               3,475        

............................................................?"     3,477        

   (Name or names of political subdivisions to be joined)          3,479        

      (Name or names of political subdivisions to be joined)       3,481        

If the question is approved the joinder becomes immediately        3,483        

effective and the port authority is authorized to extend the levy  3,484        

of such tax against all the taxable property within the political  3,485        

subdivision or political subdivisions which have been joined.  If  3,486        

                                                          81     


                                                                 
such question is approved at a general election, then the port     3,487        

authority may amend its budget and resolution adopted pursuant to  3,488        

section 5705.34 of the Revised Code and such levy shall be placed  3,489        

on the current tax list and duplicate and collected as other       3,490        

taxes are collected from all taxable property within the port      3,491        

authority including the political subdivision or political         3,492        

subdivisions joined as a result of the election.                   3,493        

      Sec. 4582.27.   A port authority created in accordance with  3,503        

section 4582.22 of the Revised Code shall be governed by a board   3,504        

of directors.  Members of a board of directors of a port                        

authority created by the exclusive action of a municipal           3,505        

corporation shall consist of the number of members it deems        3,506        

CONSIDERS necessary and SHALL be appointed by the mayor with the   3,507        

advice and consent of the council.  Members of a board of          3,509        

directors of a port authority created by the exclusive action of   3,510        

a township shall consist of such members as it deems CONSIDERS     3,511        

necessary and shall be appointed by the township trustees of the   3,513        

township.  Members of a board of directors of a port authority     3,514        

created by the exclusive action of a county shall consist of such  3,515        

members as it deems CONSIDERS necessary and SHALL be appointed by  3,516        

the board of county commissioners of such THE county.  Members of  3,517        

a board of directors of a port authority created by a combination  3,519        

of political subdivisions shall be divided among the political     3,520        

subdivisions in such proportions as the political subdivisions     3,521        

may agree and SHALL BE appointed BY THE PARTICIPATING POLITICAL    3,522        

SUBDIVISIONS in the same manner as this section provides for       3,523        

their THE appointment when OF MEMBERS BY a political subdivision   3,524        

creates CREATING its own port authority. IF A PARTICIPATING        3,526        

POLITICAL SUBDIVISION IS NOT AUTHORIZED BY SECTION 4582.22 OF THE  3,528        

REVISED CODE TO CREATE ITS OWN PORT AUTHORITY, THE POLITICAL                    

SUBDIVISION'S ELECTED LEGISLATIVE BODY, IF THE POLITICAL           3,529        

SUBDIVISION HAS AN ELECTED LEGISLATIVE BODY, OR THE POLITICAL      3,530        

SUBDIVISION'S ELECTED OFFICIAL OR OFFICIALS WHO APPOINT THE        3,531        

LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION SHALL APPOINT THE    3,532        

                                                          82     


                                                                 
MEMBERS OF A BOARD OF DIRECTORS OF A PORT AUTHORITY THAT ARE TO    3,533        

BE APPOINTED BY THAT POLITICAL SUBDIVISION.  IF THE ELECTORS OF A  3,535        

PARTICIPATING POLITICAL SUBDIVISION DO NOT ELECT EITHER THE        3,536        

LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION OR THE OFFICIAL OR   3,537        

OFFICIALS WHO APPOINT THE LEGISLATIVE BODY OF THE POLITICAL        3,538        

SUBDIVISION, THE PARTICIPATING POLITICAL SUBDIVISION MAY NOT                    

APPOINT ANY MEMBER OF A BOARD OF DIRECTORS OF A PORT AUTHORITY.    3,539        

When a port authority is created by a combination of political     3,541        

subdivisions, the number of directors composing COMPRISING the     3,542        

board shall be determined by agreement between such THE political  3,544        

subdivisions, WHICH NUMBER MAY BE CHANGED FROM TIME TO TIME BY     3,545        

AMENDMENT OF THE AGREEMENT.  The appointing body may at any time   3,546        

remove a director appointed by it for misfeasance, nonfeasance,    3,548        

or malfeasance in office.                                                       

      Each director A MAJORITY OF THE DIRECTORS shall have been a  3,551        

qualified elector ELECTORS of, or shall have had his business      3,552        

THEIR BUSINESSES or place PLACES of employment in, one or more     3,554        

political subdivisions within the area of the jurisdiction of the  3,555        

port authority, for a period of at least three years next                       

preceding his THEIR appointment.                                   3,556        

      If a port authority owns, operates, or manages one or more   3,558        

aviation facilities regularly used for the landing and taking off  3,559        

of aircraft, and there are persons who are willing and able to     3,560        

serve on the board of directors of the port authority and have     3,561        

their principal place of residence within three miles of any such  3,562        

aviation facility, then at least one member of the board of        3,563        

directors shall be appointed from among such persons.              3,564        

      The directors of any port authority first appointed shall    3,566        

serve staggered terms.  Thereafter each successor shall serve for  3,567        

a term of four years, except that any person appointed to fill a   3,568        

vacancy shall be appointed to only the unexpired term and any      3,569        

director is eligible for reappointment.                            3,570        

      THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL   3,572        

OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR        3,573        

                                                          83     


                                                                 
MEETINGS OF THE BOARD.  IF A DIRECTOR IS SO REMOVED, A SUCCESSOR   3,574        

SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR  3,576        

IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT.          3,577        

      The directors shall elect one of their membership as         3,579        

chairman, CHAIRPERSON and another as vice-chairman                 3,580        

VICE-CHAIRPERSON, and shall designate their terms of office, and   3,582        

shall appoint a secretary who need not be a director.  A majority  3,583        

of the board of directors shall constitute a quorum, the           3,584        

affirmative vote of which shall be necessary for any action taken  3,585        

by the port authority.  No vacancy in the membership of the board  3,586        

shall impair the rights of a quorum to exercise all the rights     3,587        

and perform all the duties of the port authority.                  3,588        

      Each member of the board of directors of a port authority    3,590        

shall be entitled to receive from the port authority such sum of   3,591        

money as the board of directors may determine as compensation for  3,592        

his services as director and reimbursement for his reasonable      3,593        

expenses in the performance of his OFFICIAL duties.                3,594        

      Sec. 4582.28.  (A)  A port authority created in accordance   3,603        

with section 4582.22 of the Revised Code shall employ and fix the  3,604        

qualifications, duties, and compensation of such ANY employees     3,605        

and enter into contracts for such ANY professional services as it  3,608        

may require to conduct the business of the port authority and may  3,609        

appoint an advisory board, which shall serve without               3,610        

compensation. Any employee may be suspended or dismissed, and any  3,611        

contract for professional services may be terminated at any time   3,612        

by the port authority.                                             3,613        

      (B)  A port authority may provide for the administration     3,615        

and enforcement of the laws of the state by employing special      3,616        

policemen POLICE OFFICERS, and may seek the assistance of other    3,617        

appropriate law enforcement officers to enforce its rules and      3,618        

maintain order.                                                                 

      (C)  Special policemen POLICE OFFICERS employed by a port    3,620        

authority shall serve as a security POLICE force with respect to   3,622        

the property, grounds, buildings, equipment, and facilities under  3,624        

                                                          84     


                                                                 
the control of the port authority, to prevent hijacking of         3,625        

aircraft or watercraft, protect the property of the authority AND  3,626        

THE PROPERTY OF OTHERS LOCATED THEREON, suppress nuisances and     3,627        

disturbances and breaches of the peace, and enforce laws AND THE   3,628        

RULES OF THE PORT AUTHORITY for the preservation of good order.    3,629        

In performing their duties, special policemen POLICE OFFICERS are  3,630        

vested with the same powers of arrest as police officers under     3,631        

section 2935.03 of the Revised Code.                               3,632        

      ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT    3,634        

AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF   3,635        

THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS   3,638        

DEFINED IN SECTION 742.01 OF THE REVISED CODE.                     3,640        

      Sec. 4582.29.  (A)  Any A port authority created under       3,649        

section 4582.22 of the Revised Code may procure and pay all or     3,650        

any part of the cost of group hospitalization, surgical, major     3,651        

medical, sickness and accident insurance, or group life            3,652        

insurance, or a combination of any of the foregoing types of       3,653        

insurance or coverage for full-time employees and their immediate  3,654        

dependents FAMILIES, issued by an insurance company duly           3,655        

authorized to do business in this state.                           3,657        

      (B)  Any A port authority also may procure and pay all or    3,659        

any part of the cost of a plan of group hospitalization,           3,660        

surgical, or major medical, OR SICKNESS AND ACCIDENT insurance     3,661        

with a health insuring corporation holding a certificate of        3,663        

authority under Chapter 1751. of the Revised Code, provided that   3,664        

each full-time employee shall be permitted to:                     3,666        

      (1)  Exercise an option between a plan offered by an         3,668        

insurance company as provided in division (A) of this section and  3,669        

a plan offered by a health insuring corporation under this         3,670        

division, on the condition that the full-time employee shall pay   3,672        

any amount by which the cost of the plan offered in this division  3,673        

exceeds the cost of the plan offered under division (A) of this    3,674        

section; and                                                                    

      (2)  Change from one of the two plans to the other at a      3,676        

                                                          85     


                                                                 
time each year as determined by the port authority.                3,677        

      (C)  A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE   3,680        

OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON  3,682        

ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER       3,683        

GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE   3,684        

EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES.  A PORT  3,685        

AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT   3,686        

SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR        3,687        

MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE.                       3,688        

      Sec. 4582.30.  (A)(1)  Except as otherwise provided in       3,697        

division (B)(A)(2) OR (3) of this section, the area of             3,699        

jurisdiction of a port authority created in accordance with        3,700        

section 4582.22 of the Revised Code shall include all of the       3,701        

territory of the political subdivision or subdivisions creating    3,702        

it and, if the port authority owns or leases a railroad line, the  3,703        

territory on which the railroad's line, terminals, and related     3,704        

facilities are located, regardless of whether the territory is     3,705        

located in the political subdivision or subdivisions creating the  3,706        

port authority, provided that in no case shall the same political  3,707        

subdivision that created or joined an existing port authority be   3,708        

included in more than one port authority.                          3,709        

      (B)(1)(2)  A municipal corporation with a population of at   3,711        

least one hundred thousand according to the most recent federal    3,712        

decennial census may create a port authority within a county that  3,713        

previously created an existing port authority, if the municipal    3,714        

corporation did not join with the county in creating the port      3,715        

authority or thereafter join that port authority.  THE NEWLY       3,716        

CREATED PORT AUTHORITY AND THE PREVIOUSLY CREATED AND EXISTING     3,717        

PORT AUTHORITY SHALL POSSESS CONCURRENT JURISDICTION OVER ANY      3,718        

TERRITORY WITHIN THE JURISDICTION OF BOTH.                                      

      (2)(3)  A county may create a port authority the area of     3,720        

jurisdiction of which excludes any territory that is located in    3,721        

that county and is in the area of jurisdiction of any port         3,722        

authority created in accordance with section 4582.02 or 4582.22    3,723        

                                                          86     


                                                                 
of the Revised Code that is then existing in the county.           3,724        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS        3,727        

SECTION, A POLITICAL SUBDIVISION THAT HAS CREATED A PORT           3,728        

AUTHORITY OR JOINED AN EXISTING PORT AUTHORITY SHALL NOT BE        3,729        

INCLUDED IN ANY OTHER PORT AUTHORITY.                              3,730        

      (2)  A MUNICIPAL CORPORATION WITH A POPULATION OF LESS THAN  3,733        

ONE HUNDRED THOUSAND ACCORDING TO THE MOST RECENT FEDERAL                       

DECENNIAL CENSUS THAT HAS JOINED AN EXISTING PORT AUTHORITY IN A   3,734        

COUNTY WITH A POPULATION OF FIVE HUNDRED THOUSAND OR LESS MAY      3,735        

CREATE A PORT AUTHORITY WITHIN THE TERRITORIAL JURISDICTION OF     3,737        

THE MUNICIPAL CORPORATION.                                         3,738        

      Sec. 4582.31.  A port authority created in accordance with   3,747        

section 4582.22 of the Revised Code may:                           3,748        

      (A)  Adopt bylaws for the regulation of its affairs and the  3,750        

conduct of its business;                                           3,751        

      (B)  Adopt an official seal;                                 3,753        

      (C)  Maintain a principal office within its jurisdiction,    3,755        

and maintain such branch offices as it may require;                3,756        

      (D)  Acquire, purchase, construct, reconstruct, enlarge,     3,758        

furnish, equip, maintain, repair, sell, exchange, lease or rent    3,759        

to, lease or rent from, or operate port authority facilities OR    3,762        

LEASE WITH AN OPTION TO PURCHASE, CONVEY OTHER INTERESTS IN REAL   3,763        

OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO,      3,764        

USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE AND        3,765        

OPERATE ANY PROPERTY IN CONNECTION WITH TRANSPORTATION,            3,766        

RECREATIONAL, GOVERNMENTAL OPERATIONS, OR CULTURAL ACTIVITIES;     3,767        

      (E)  Straighten, deepen, and improve any channel, river,     3,769        

stream, or other water course or way which may be necessary or     3,770        

proper in the development of the facilities of a water port        3,771        

AUTHORITY;                                                         3,772        

      (F)  Make available the use or services of any port          3,774        

authority facility to one or more persons, one or more             3,775        

governmental agencies, or any combination thereof;                 3,776        

      (G)  Issue bonds or notes for the acquisition or,            3,778        

                                                          87     


                                                                 
construction, FURNISHING, OR EQUIPPING of any port authority       3,779        

facility or other permanent improvement which THAT a port          3,781        

authority is authorized to acquire or, construct, FURNISH, OR      3,783        

EQUIP, in compliance with Chapter 133. of the Revised Code,        3,784        

except that such bonds or notes may only be issued pursuant to a   3,785        

vote of the electors residing within the area of jurisdiction of   3,786        

the port authority.  The net indebtedness incurred by a port       3,787        

authority shall never exceed two per cent of the total value of    3,788        

all property within the territory comprising such THE port         3,789        

authority as listed and assessed for taxation.                     3,791        

      (H)  Issue port authority revenue bonds beyond the limit of  3,793        

bonded indebtedness provided by law, payable solely from revenues  3,794        

as provided in section 4582.48 of the Revised Code, unless the     3,795        

bonds be refunded by refunding bonds, for the purpose of           3,796        

providing funds to pay the costs of any port authority facility    3,797        

or facilities or parts thereof, pursuant to Section 13 of Article  3,798        

VIII, Ohio Constitution, and in order to create or preserve jobs   3,799        

and employment opportunities and improve the economic welfare of   3,800        

the people of the state;                                           3,801        

      (I)  Apply to the proper authorities of the United States    3,803        

pursuant to appropriate law for the right to establish, operate,   3,804        

and maintain foreign trade zones and establish, operate, and       3,805        

maintain such foreign trade zones AND TO ACQUIRE, EXCHANGE, SELL,  3,807        

LEASE TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, OR OPERATE     3,808        

FACILITIES, LAND, OR PROPERTY THEREFOR in accordance with the      3,810        

"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to   3,812        

81u;                                                                            

      (J)  Enjoy and possess the same rights, privileges, and      3,814        

powers granted municipal corporations under sections 721.04 to     3,815        

721.11 of the Revised Code;                                        3,816        

      (K)  Maintain such funds as it considers necessary;          3,818        

      (L)  Direct its agents or employees, when properly           3,820        

identified in writing, and after at least five days' written       3,821        

notice, to enter upon lands within the confines of its             3,822        

                                                          88     


                                                                 
jurisdiction in order to make surveys and examinations             3,823        

preliminary to location and construction of works for the          3,824        

purposes of the port authority, without liability of the port      3,825        

authority or its agents or employees except for actual damage      3,826        

done;                                                              3,827        

      (M)  Promote, advertise, and publicize the port authority    3,829        

and its facilities; provide information to shippers and other      3,830        

commercial interests; and appear before rate-making authorities    3,831        

to represent and promote the interests of the port authority;      3,832        

      (N)  Adopt rules, not in conflict with general law,          3,834        

governing the use of its property, grounds, buildings, equipment,  3,835        

and facilities, and governing the conduct of its employees and     3,836        

the public, in order to promote the public safety and convenience  3,837        

in and about its facilities and grounds, and to maintain order IT  3,838        

FINDS NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF ITS DUTIES     3,839        

AND THE EXECUTION OF ITS POWERS UNDER SECTIONS 4582.21 TO 4582.54  3,840        

OF THE REVISED CODE.  Any such rule shall be posted at a           3,841        

prominent place in each of the facilities to which it applies NO   3,843        

LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED  3,844        

BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN  3,845        

DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE                       

PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS     3,846        

HOURS.  No person shall violate any lawful rule adopted and        3,848        

posted as provided in this division.                                            

      (O)  Acquire by gift or purchase, hold, lease, and dispose   3,850        

of real and personal property and interests therein in the         3,851        

exercise of the powers of the port authority and the performance   3,852        

of its duties under sections 4582.21 to 4582.59 of the Revised     3,853        

Code;                                                              3,854        

      (P)  Acquire, in the name of the port authority, by          3,856        

purchase or otherwise, on such terms and in such manner as the     3,857        

port authority finds proper, or by the exercise of the right of    3,858        

condemnation in the manner provided by section 4582.56 of the      3,859        

Revised Code, such public or private lands, including public       3,860        

                                                          89     


                                                                 
parks, playgrounds, or reservations, or parts thereof or rights    3,861        

therein, rights-of-way, property, rights, easements, and           3,862        

interests as it finds necessary for carrying out sections 4582.21  3,863        

to 4582.59 of the Revised Code, and compensation shall be paid     3,864        

for public or private lands so taken;                              3,865        

      (Q)  DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS IN  3,867        

ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF,         3,868        

INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS,       3,869        

FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED    3,870        

TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR   3,871        

SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE     3,873        

VIII OF THE OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE            3,875        

DISCRETION MAY DETERMINE:                                                       

      (1)  LOAN MONEYS TO ANY PERSON OR GOVERNMENTAL ENTITY FOR    3,877        

THE ACQUISITION, CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE    3,878        

PROPERTY;                                                          3,879        

      (2)  ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND      3,881        

EQUIP THE PROPERTY;                                                3,882        

      (3)  SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS   3,884        

IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER     3,885        

INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR        3,887        

GOVERNMENTAL ENTITY;                                                            

      (4)  GUARANTEE THE OBLIGATIONS OF ANY PERSON OR              3,889        

GOVERNMENTAL ENTITY.                                                            

      A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR    3,891        

THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY   3,892        

OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY            3,893        

DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE      3,894        

INVESTMENT OF FUNDS BY A PORT AUTHORITY.                           3,895        

      (P)  SELL, LEASE, OR CONVEY OTHER INTERESTS IN REAL AND      3,898        

PERSONAL PROPERTY, AND GRANT EASEMENTS OR RIGHTS-OF-WAY OVER                    

PROPERTY OF THE PORT AUTHORITY.  THE BOARD OF DIRECTORS SHALL      3,899        

SPECIFY THE CONSIDERATION AND ANY TERMS FOR THE SALE, LEASE, OR    3,900        

CONVEYANCE OF OTHER INTERESTS IN REAL AND PERSONAL PROPERTY.  ANY  3,901        

                                                          90     


                                                                 
DETERMINATION MADE BY THE BOARD UNDER THIS DIVISION SHALL BE       3,902        

CONCLUSIVE.  THE SALE, LEASE, OR CONVEYANCE MAY BE MADE WITHOUT    3,903        

ADVERTISING AND THE RECEIPT OF BIDS.                               3,904        

      (Q)  EXERCISE THE RIGHT OF EMINENT DOMAIN TO APPROPRIATE     3,907        

ANY LAND, RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS, OR OTHER   3,908        

PROPERTY, NECESSARY OR PROPER FOR ANY AUTHORIZED PURPOSE,          3,909        

PURSUANT TO THE PROCEDURE PROVIDED IN SECTIONS 163.01 TO 163.22    3,910        

OF THE REVISED CODE, IF FUNDS EQUAL TO THE APPRAISED VALUE OF THE  3,913        

PROPERTY TO BE ACQUIRED AS A RESULT OF SUCH PROCEEDINGS ARE        3,914        

AVAILABLE FOR THAT PURPOSE.  HOWEVER, NOTHING CONTAINED IN         3,915        

SECTIONS 4582.201 TO 4582.59 OF THE REVISED CODE SHALL AUTHORIZE   3,917        

A PORT AUTHORITY TO TAKE OR DISTURB PROPERTY OR FACILITIES         3,918        

BELONGING TO ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE,    3,919        

PUBLIC UTILITY, OR COMMON CARRIER, WHICH PROPERTY OR FACILITIES    3,920        

ARE NECESSARY AND CONVENIENT IN THE OPERATION OF THE AGENCY OR     3,921        

POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON CARRIER, UNLESS   3,922        

PROVISION IS MADE FOR THE RESTORATION, RELOCATION, OR DUPLICATION  3,924        

OF SUCH PROPERTY OR FACILITIES, OR UPON THE ELECTION OF THE        3,925        

AGENCY OR POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON         3,926        

CARRIER, FOR THE PAYMENT OF COMPENSATION, IF ANY, AT THE SOLE      3,927        

COST OF THE PORT AUTHORITY, PROVIDED THAT:                                      

      (1)  IF ANY RESTORATION OR DUPLICATION PROPOSED TO BE MADE   3,929        

UNDER THIS SECTION INVOLVES A RELOCATION OF THE PROPERTY OR        3,930        

FACILITIES, THE NEW FACILITIES AND LOCATION SHALL BE OF AT LEAST   3,931        

COMPARABLE UTILITARIAN VALUE AND EFFECTIVENESS AND SHALL NOT       3,932        

IMPAIR THE ABILITY OF THE PUBLIC UTILITY OR COMMON CARRIER TO      3,933        

COMPETE IN ITS ORIGINAL AREA OF OPERATION;                         3,934        

      (2)  IF ANY RESTORATION OR DUPLICATION MADE UNDER THIS       3,936        

SECTION INVOLVES A RELOCATION OF THE PROPERTY OR FACILITIES, THE   3,938        

PORT AUTHORITY SHALL ACQUIRE NO INTEREST OR RIGHT IN OR TO THE     3,939        

APPROPRIATED PROPERTY OR FACILITIES, EXCEPT AS PROVIDED IN                      

DIVISION (O) OF THIS SECTION, UNTIL THE RELOCATED PROPERTY OR      3,941        

FACILITIES ARE AVAILABLE FOR USE AND UNTIL MARKETABLE TITLE        3,942        

THERETO HAS BEEN TRANSFERRED TO THE PUBLIC UTILITY OR COMMON       3,943        

                                                          91     


                                                                 
CARRIER.                                                                        

      (R)(1)  Make and enter into all contracts and agreements     3,945        

and execute all instruments necessary or incidental to the         3,946        

performance of its duties and the execution of its powers under    3,947        

sections 4582.21 to 4582.59 of the Revised Code.                   3,948        

      (1)  When the cost under any such contract or agreement,     3,950        

other than compensation for personal services, involves an         3,951        

expenditure of more than ten thousand dollars, the port authority  3,952        

shall make a written contract with the lowest responsive and       3,953        

responsible bidder, in accordance with section 9.312 of the        3,954        

Revised Code, after advertisement once a week for not less than    3,955        

two consecutive weeks in a newspaper of general circulation in     3,956        

the county where the facility is located, and in such other        3,957        

publications as the port authority determines, which notice shall  3,958        

state the general character of the work and the general character  3,959        

of the materials to be furnished, the place where plans and        3,960        

specifications therefor may be examined, and the time and place    3,961        

of receiving bids; provided, that a contract or lease for the      3,962        

operation of a port authority facility constructed and owned by    3,963        

the port authority or an agreement for cooperation in the          3,964        

acquisition or construction of a port authority facility pursuant  3,965        

to section 4582.43 of the Revised Code or any contract for the     3,966        

construction of a port authority facility that is to be leased by  3,967        

the port authority to, and operated by, persons who are not        3,968        

governmental agencies and the cost of such facility is to be       3,969        

amortized exclusively from rentals or other charges paid to the    3,970        

port authority by persons who are not governmental agencies is     3,971        

not subject to the foregoing requirements and the port authority   3,972        

may enter into such contract, lease, or agreement pursuant to      3,973        

negotiation and upon such terms and conditions and for such        3,974        

period as it finds to be reasonable and proper in the              3,975        

circumstances and in the best interests of proper operation or of  3,976        

efficient acquisition or construction of such facility.            3,977        

      (2)  Each bid shall contain the full name of every person    3,979        

                                                          92     


                                                                 
interested in it and shall be accompanied by a sufficient bond or  3,980        

certified check on a solvent bank that if the bid is accepted a    3,981        

contract will be entered into and the performance thereof          3,982        

secured.                                                           3,983        

      (3)(2)  EXCEPT AS PROVIDED IN DIVISION (R)(3) OF THIS        3,986        

SECTION, WHEN THE COST OF A CONTRACT FOR THE CONSTRUCTION OF ANY   3,987        

BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDERTAKEN BY A PORT     3,988        

AUTHORITY INVOLVES AN EXPENDITURE EXCEEDING TWENTY-FIVE THOUSAND   3,989        

DOLLARS, AND THE PORT AUTHORITY IS THE CONTRACTING ENTITY, THE     3,990        

PORT AUTHORITY SHALL MAKE A WRITTEN CONTRACT AFTER NOTICE CALLING  3,991        

FOR BIDS FOR THE AWARD OF THE CONTRACT HAS BEEN GIVEN BY           3,992        

PUBLICATION TWICE, WITH AT LEAST SEVEN DAYS BETWEEN PUBLICATIONS,  3,993        

IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA OF THE PORT      3,994        

AUTHORITY.  EACH SUCH CONTRACT SHALL BE LET TO THE LOWEST          3,995        

RESPONSIVE AND RESPONSIBLE BIDDER IN ACCORDANCE WITH SECTION       3,996        

9.312 OF THE REVISED CODE.  EVERY CONTRACT SHALL BE ACCOMPANIED    3,999        

BY OR SHALL REFER TO PLANS AND SPECIFICATIONS FOR THE WORK TO BE   4,000        

DONE, PREPARED FOR AND APPROVED BY THE PORT AUTHORITY, SIGNED BY   4,001        

AN AUTHORIZED OFFICER OF THE PORT AUTHORITY AND BY THE             4,002        

CONTRACTOR, AND SHALL BE EXECUTED IN TRIPLICATE.                   4,003        

      EACH BID SHALL BE AWARDED IN ACCORDANCE WITH SECTIONS        4,005        

153.54, 153.57, AND 153.571 OF THE REVISED CODE.  The port         4,009        

authority may reject any and all bids.                                          

      (4)  A bond with good and sufficient surety, approved by     4,011        

the port authority, shall be required of all contractors in an     4,012        

amount equal to at least fifty per cent of the contract price,     4,013        

conditioned upon the faithful performance of the contract.         4,014        

      (R)(3)  THE BOARD OF DIRECTORS BY RULE MAY PROVIDE CRITERIA  4,016        

FOR THE NEGOTIATION AND AWARD WITHOUT COMPETITIVE BIDDING OF ANY   4,018        

CONTRACT AS TO WHICH THE PORT AUTHORITY IS THE CONTRACTING ENTITY  4,019        

FOR THE CONSTRUCTION OF ANY BUILDING OR STRUCTURE OR OTHER         4,020        

IMPROVEMENT UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:              4,021        

      (a)  THERE EXISTS A REAL AND PRESENT EMERGENCY THAT          4,024        

THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT      4,025        

                                                          93     


                                                                 
AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING   4,026        

THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION  4,027        

AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE       4,028        

SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT     4,029        

CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE      4,030        

ATTACHED TO THE CONTRACT.                                          4,031        

      (b)  A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR     4,034        

SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE             4,035        

ARTICULATED FOR THE IMPROVEMENT.                                                

      (c)  THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS  4,037        

DEFINED IN SECTION 307.041 OF THE REVISED CODE.                    4,038        

      (d)  WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE    4,040        

IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE       4,042        

MATERIAL.                                                                       

      (e)  A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER    4,045        

COMPLYING WITH THE PROVISIONS OF DIVISION (R)(2) OF THIS SECTION.  4,046        

      (4)(a)  IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED        4,049        

WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION   4,050        

(R)(3)(b) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A      4,052        

NOTICE CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT     4,053        

LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL   4,054        

CIRCULATION IN THE AREA OF THE PORT AUTHORITY.  AFTER RECEIPT OF   4,055        

THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH     4,056        

AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING    4,057        

THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT    4,058        

AUTHORITY.                                                         4,059        

      (b)  IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT   4,062        

COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION           4,064        

(R)(3)(d) OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO  4,065        

THE INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY    4,066        

BE PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER  4,067        

OF THAT MATERIAL.                                                  4,068        

      (5)(a)  ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN   4,071        

OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER     4,072        

                                                          94     


                                                                 
CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO     4,073        

THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING,    4,074        

EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY   4,075        

COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF  4,076        

AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII,      4,078        

OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO     4,080        

SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF     4,081        

DIRECTORS IN ITS DISCRETION.                                       4,082        

      (b)  DIVISION (R)(5)(a) OF THIS SECTION APPLIES TO ALL       4,085        

CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY    4,086        

OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING,      4,087        

WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF  4,088        

COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE       4,089        

PROVISION OF SECURITY.                                                          

      (c)  DIVISIONS (R)(5)(a) AND (b) OF THIS SECTION DO NOT      4,093        

APPLY TO EITHER OF THE FOLLOWING:                                               

      (i)  ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS       4,096        

RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A     4,097        

PLEDGE OF MONEYS RAISED BY TAXATION.                                            

      (ii)  ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID      4,100        

EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY.  FOR  4,101        

THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT     4,102        

AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS,     4,103        

CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT        4,104        

EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF  4,105        

THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY        4,106        

ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM     4,107        

GENERAL REVENUES.                                                               

      (S)  Employ managers, superintendents, and other employees   4,109        

and retain or contract with consulting engineers, financial        4,110        

consultants, accounting experts, architects, attorneys, and such   4,111        

ANY other consultants and independent contractors as are           4,112        

necessary in its judgment to carry out this chapter, and fix the   4,113        

compensation thereof.  All expenses thereof shall be payable from  4,114        

                                                          95     


                                                                 
any available funds of the port authority or from funds            4,115        

appropriated for such THAT purpose by a political subdivision      4,116        

creating or participating in the creation of the port authority.   4,117        

      (S)(T)  Receive and accept from any STATE OR federal agency  4,120        

grants AND LOANS for or in aid of the construction of any port     4,121        

authority facility or for research and development with respect    4,122        

to port authority facilities, and receive and accept aid or        4,123        

contributions from any source of money, property, labor, or other  4,124        

things of value, to be held, used, and applied only for the        4,125        

purposes for which such THE grants and contributions are made;     4,126        

      (T)(U)  Engage in research and development with respect to   4,128        

port authority facilities;                                         4,129        

      (U)(V)  Purchase fire and extended coverage and liability    4,131        

insurance for any port authority facility and for the principal    4,132        

office and branch offices of the port authority, insurance         4,133        

protecting the port authority and its officers and employees       4,134        

against liability for damage to property or injury to or death of  4,135        

persons arising from its operations, and any other insurance the   4,136        

port authority may agree to provide under any resolution           4,137        

authorizing its port authority revenue bonds or in any trust       4,138        

agreement securing the same;                                       4,139        

      (V)(W)  Charge, alter, and collect rentals and other         4,141        

charges for the use or services of any port authority facility as  4,142        

provided in section 4582.43 of the Revised Code;                   4,143        

      (W)(X)  Provide coverage for its employees under Chapters    4,145        

145., 4123., and 4141. of the Revised Code;                        4,146        

      (X)(Y)  Do all acts necessary or proper to carry out the     4,148        

powers expressly granted in sections 4582.21 to 4582.59 of the     4,149        

Revised Code.                                                      4,150        

      Sec. 4582.35.  The port authority shall foster and           4,159        

encourage the participation of private enterprise in the           4,160        

development of the port facilities to the fullest extent it deems  4,161        

CONSIDERS practicable in the interest of limiting the necessity    4,162        

of construction and operation of such THE facilities by the port   4,163        

                                                          96     


                                                                 
authority.  For this purpose the port authority shall, upon a      4,164        

written request by any person, partnership, or corporation, filed  4,165        

with the secretary of the board of directors within thirty days    4,166        

following the journalization of the order of the adoption of an    4,167        

official plan as provided in sections 4582.32 and 4582.33 of the   4,168        

Revised Code, submit a proposal to provide, operate, and maintain  4,169        

any facility included in the plan, by publication of and           4,170        

invitation for bids therefor based upon specifications prepared    4,171        

by the board of directors.                                         4,172        

      The board of directors may accept the bid of the person,     4,174        

partnership, or corporation it deems best qualified by financial   4,175        

responsibility and business experience to construct and operate    4,176        

the facility or facilities in accordance with its official plan.   4,177        

      Sec. 4582.36.  Nothing contained in sections 4582.23         4,186        

4582.25 to 4582.59 of the Revised Code shall:                      4,187        

      (A)  Impair the provisions of law or ordinance directing     4,189        

the payment of revenues derived from public property into sinking  4,190        

funds or dedicating such THOSE revenues to specific purposes;      4,191        

      (B)  Impair the powers of any county, township, or           4,193        

municipal corporation, OR OTHER POLITICAL SUBDIVISION to develop   4,194        

or improve port and terminal facilities except as restricted by    4,196        

section 4582.42 of the Revised Code;                               4,197        

      (C)  Enlarge, alter, diminish, or affect in any way, any     4,199        

lease or conveyance made, or action taken prior to the creation    4,200        

of a port authority in accordance with section 4582.22 of the      4,201        

Revised Code by any municipal corporation under the provisions of  4,202        

sections 721.04 to 721.11 of the Revised Code, or by any county    4,203        

under the provisions of section 307.65 of the Revised Code;        4,204        

      (D)  Impair or interfere with the exercise of any permit     4,206        

for the removal of sand or gravel, or other similar permits        4,207        

issued by this state or the United States;                         4,208        

      (E)  IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS.    4,210        

      Sec. 4582.37.  No port authority shall enter into any        4,219        

contract for the creation, construction, alteration, or repair of  4,221        

                                                          97     


                                                                 
any port authority facility and no loan agreement for the          4,222        

borrowing of funds for any such port authority facility            4,223        

undertaken by a port authority shall be executed unless laborers   4,224        

and mechanics employed on the facility are paid at the prevailing  4,225        

rates of wages of laborers and mechanics for the class of work     4,226        

called for by the facility, which wages shall be determined in     4,227        

accordance with the requirements of Chapter 4115. of the Revised   4,228        

Code for determination of prevailing wage rates, provided that     4,229        

the requirements of this section do not apply where the federal    4,230        

government or any of its agencies furnishes by loan or grant all   4,231        

or any part of the funds used in connection with the facility and  4,232        

prescribes predetermined minimum wages to be paid to such THE      4,233        

laborers and mechanics; and provided further that should a         4,235        

nonpublic user beneficiary of the facility undertake construction  4,236        

to be performed by its regular bargaining unit employees who are   4,237        

covered under a collective bargaining agreement which THAT was in  4,238        

existence prior to the commitment instrument undertaking a loan    4,239        

or grant of funds then, in that event, the rate of pay provided    4,240        

under the collective bargaining agreement may be paid to such      4,241        

employees.                                                                      

      Except as provided in this section, construction on any      4,243        

port authority facility to which this section applies is hereby    4,244        

deemed to be construction of a public improvement within section   4,245        

4115.03 of the Revised Code.  All contractors and subcontractors   4,246        

working on such projects, facilities, or port authority            4,247        

facilities shall be subject to and comply with sections 4115.03    4,248        

to 4115.16 of the Revised Code, and the bureau of employment       4,250        

services shall, and any interested party may, bring proceedings    4,251        

under such THOSE sections to enforce compliance.  The bureau       4,253        

shall make the determination of wages as required under this       4,254        

section and shall designate one of its employees to act as the     4,255        

prevailing wage coordinator under section 4115.071 of the Revised  4,256        

Code for any project, facility, or port authority facility for     4,257        

which a coordinator has not been designated by any port            4,258        

                                                          98     


                                                                 
authority.                                                                      

      Sec. 4582.38.  The legislative authority of any municipal    4,267        

corporation, county, township, school district, or other           4,268        

political subdivision or taxing district, may convey or lease to   4,269        

OR FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, any   4,270        

port authority or any port authority may convey or lease to OR     4,271        

FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, a        4,272        

municipal corporation, county, township, school district, or       4,273        

other political subdivision or taxing district, without            4,274        

competitive bidding and on mutually agreeable terms, any personal  4,275        

property or real property, or any interest therein, which THAT is  4,276        

not needed for the purposes of the grantor, or lessor, to be used  4,277        

by the recipient or lessee for its purposes.                       4,278        

      Sec. 4582.43.  A port authority may charge, alter, and       4,287        

collect rentals or other charges for the use or services of any    4,288        

port authority facility and contract in the manner provided by     4,289        

this section with one or more persons, one or more governmental    4,290        

agencies, or any combination thereof, desiring the use or          4,291        

services of the facility, and fix the terms, conditions, rentals,  4,292        

or other charges for such THE use or services.  If such THE        4,294        

services are furnished in the jurisdiction of the port authority   4,295        

by a public utility or a common carrier, charges by the port       4,296        

authority for the services shall not be less than the charges      4,297        

established for the same services furnished by a public utility    4,298        

or common carrier in the port authority jurisdiction.  Such THE    4,299        

rentals or other charges shall not be subject to supervision or    4,300        

regulation by any other authority, commission, board, bureau, or   4,301        

agency of the state and such THE contract may provide for          4,302        

acquisition by such THE person or governmental agency of all or    4,304        

any part of such THE port authority facility for such              4,306        

consideration payable over the period of the contract or           4,307        

otherwise as the port authority in its sole discretion determines  4,308        

to be appropriate, but subject to the provisions of any            4,309        

resolution authorizing the issuance of port authority revenue      4,310        

                                                          99     


                                                                 
bonds or any trust agreement securing such THE bonds.  Any         4,311        

governmental agency that has power to construct, operate, and      4,312        

maintain port authority facilities may enter into a contract or    4,313        

lease with a port authority whereby the use or services of any     4,314        

port authority facility will be made available to the              4,315        

governmental agency, and may pay for such THE use or services      4,316        

such rentals or other charges as may be agreed to by the port      4,317        

authority and such THE governmental agency.                        4,318        

      Any governmental agency or combination of governmental       4,320        

agencies may cooperate with the port authority in the acquisition  4,321        

or construction of port authority facilities and shall enter into  4,322        

such agreements with the port authority as may be appropriate,     4,323        

with a view to effective cooperative action and safeguarding of    4,324        

the respective interests of the parties thereto, which agreements  4,325        

shall provide for such contributions by the parties thereto in     4,326        

such A proportion as may be agreed upon and such other terms as    4,328        

may be mutually satisfactory to the parties including, without     4,329        

limitation, the authorization of the construction of the facility  4,330        

by one of the parties acting as agent for all of the parties and   4,331        

the ownership and control of the facility by the port authority    4,332        

to the extent necessary or appropriate for purposes of the         4,333        

issuance of port authority revenue bonds by the port authority.    4,334        

Any governmental agency may provide the funds for the payment of   4,335        

such ANY contribution as is required under such agreements by the  4,337        

levy of taxes or assessments if otherwise authorized by the laws   4,338        

governing such THE governmental agency in the construction of the  4,340        

type of port authority facility provided for in the agreements,    4,341        

and may pay the proceeds from the collection of such THE taxes or  4,343        

assessments; or the governmental agency may issue bonds or notes,  4,344        

if authorized by such THOSE laws, in anticipation of the           4,345        

collection of such THE taxes or assessments, and may pay the       4,347        

proceeds of such THE bonds or notes to the port authority          4,349        

pursuant to such agreements.  In addition, any governmental        4,350        

agency may provide the funds for the payment of such A             4,351        

                                                          100    


                                                                 
contribution by the appropriation of money or, if otherwise        4,353        

authorized by law, by the issuance of bonds or notes and may pay   4,354        

such THE appropriated money or the proceeds of such THE bonds or   4,356        

notes to the port authority pursuant to such agreements.  The                   

agreement by the governmental agency to provide such A             4,357        

contribution, whether from appropriated money or from the          4,358        

proceeds of such taxes or assessments, or such bonds or notes, or  4,360        

any combination thereof, shall not be subject to Chapter 133. of   4,361        

the Revised Code or any rules or limitations contained therein.    4,362        

The proceeds from the collection of such taxes or assessments,     4,363        

and any interest earned thereon, shall be paid into a special      4,364        

fund immediately upon the collection thereof by the governmental   4,365        

agency for the purpose of providing such THE contribution at the   4,366        

times required under such agreements.                              4,367        

      When the contribution of any governmental agency is to be    4,369        

made over a period of time from the proceeds of the collection of  4,370        

special assessments, the interest accrued and to accrue before     4,371        

the first installment of the assessments is collected, which is    4,372        

payable by the governmental agency on the contribution under the   4,373        

terms and provisions of the agreements, shall be treated as part   4,374        

of the cost of the improvement for which the assessments are       4,375        

levied, and that portion of such THE assessments as are THAT IS    4,377        

collected in installments shall bear interest at the same rate as  4,378        

the governmental agency is obligated to pay on the contribution    4,379        

under the terms and provisions of the agreements and for the same  4,380        

period of time as the contribution is to be made under the         4,381        

agreements.  If the assessment or any installment thereof is not   4,382        

paid when due, it shall bear interest until the payment thereof    4,383        

at the same rate as such THE contribution and the county auditor   4,384        

shall annually place on the tax list and duplicate the interest    4,385        

applicable to such THE assessment and the penalty thereon as       4,386        

otherwise authorized by law.                                       4,387        

      Any governmental agency, pursuant to a favorable vote of     4,389        

the electors in an election held before or after the effective     4,390        

                                                          101    


                                                                 
date of this section JULY 9, 1982, for the purpose of issuing      4,392        

bonds to provide funds to acquire, construct, or equip, or         4,393        

provide real estate and interests in real estate for, a port       4,394        

authority facility, whether or not the governmental agency, at     4,395        

the time of the election, had the authority to pay the proceeds    4,396        

from such THE bonds or notes issued in anticipation of the bonds   4,398        

to the port authority as provided in this section, may issue such  4,399        

bonds or notes in anticipation of the issuance of the bonds and    4,400        

pay the proceeds of such THE bonds or notes to the port authority  4,402        

in accordance with its agreement with the port authority;          4,403        

provided, that the legislative authority of the governmental       4,404        

agency finds and determines that the port authority facility to    4,405        

be acquired or constructed by the port authority in cooperation    4,406        

with such THE governmental agency will serve the same public       4,408        

purpose and meet substantially the same public need as the         4,409        

facility otherwise proposed to be acquired or constructed by the   4,410        

governmental agency with the proceeds of such THE bonds and        4,411        

notes.                                                                          

      Sec. 4582.431.  (A)  A PORT AUTHORITY MAY ENTER INTO ANY     4,413        

CONTRACTS OR OTHER ARRANGEMENTS WITH THE UNITED STATES             4,415        

GOVERNMENT, OR ANY DEPARTMENT THEREOF, WITH PERSONS, RAILROADS,    4,416        

OR OTHER CORPORATIONS, WITH PUBLIC CORPORATIONS, WITH PUBLIC       4,417        

UTILITIES, AND WITH THE STATE GOVERNMENT OF THIS OR ANY OTHER      4,419        

STATE, WITH COUNTIES, MUNICIPALITIES, TOWNSHIPS, OR OTHER          4,420        

GOVERNMENTAL AGENCIES CREATED BY OR UNDER THE AUTHORITY OF THE     4,421        

LAWS OF THIS STATE OR OTHER STATES, INCLUDING SEWERAGE, DRAINAGE,  4,422        

CONSERVATION, CONSERVANCY, OR OTHER IMPROVEMENT DISTRICTS IN THIS  4,423        

OR OTHER STATES OR THE GOVERNMENTS OR AGENCIES OF FOREIGN          4,424        

COUNTRIES AS MAY BE NECESSARY OR CONVENIENT FOR THE EXERCISE OF    4,425        

THE POWERS GRANTED BY SECTIONS 4582.21 TO 4582.59 OF THE REVISED   4,427        

CODE, INCLUDING THE MAKING OF SURVEYS, INVESTIGATIONS, OR REPORTS  4,429        

THEREON; PROVIDED THAT THE CONTRACTS OR ARRANGEMENTS SHALL NOT BE  4,430        

IN VIOLATION OF SECTION 13 OR 16 OF ARTICLE VIII, OHIO             4,431        

CONSTITUTION.  THE PORT AUTHORITY MAY PURCHASE, LEASE, OR ACQUIRE  4,432        

                                                          102    


                                                                 
LAND OR OTHER PROPERTY IN ANY COUNTY OF THIS STATE AND IN          4,433        

ADJOINING STATES FOR THE ACCOMPLISHMENT OF AUTHORIZED PURPOSES OF  4,434        

THE PORT AUTHORITY, OR FOR THE IMPROVEMENT OF THE HARBOR AND PORT  4,435        

FACILITIES OVER WHICH THE PORT AUTHORITY MAY HAVE JURISDICTION,    4,436        

AND MAY LET CONTRACTS OR SPEND MONEY FOR THOSE PURPOSES,           4,437        

INCLUDING DEVELOPMENT OF PORT FACILITIES IN ADJOINING STATES.      4,438        

THE AUTHORITY GRANTED IN THIS SECTION TO ENTER INTO CONTRACTS OR   4,439        

OTHER ARRANGEMENTS WITH THE UNITED STATES GOVERNMENT OR ANY        4,440        

DEPARTMENT THEREOF, INCLUDES THE POWER TO ENTER INTO ANY           4,441        

CONTRACTS, ARRANGEMENTS, OR AGREEMENTS THAT MAY BE NECESSARY TO    4,442        

HOLD AND SAVE HARMLESS THE UNITED STATES FROM DAMAGES DUE TO THE   4,444        

CONSTRUCTION AND MAINTENANCE BY THE UNITED STATES OF WORK THE      4,445        

UNITED STATES UNDERTAKES.                                                       

      ANY POLITICAL SUBDIVISION THAT HAS PARTICIPATED IN THE       4,447        

CREATION OF A PORT AUTHORITY, OR IS WITHIN, OR ADJACENT TO A       4,448        

POLITICAL SUBDIVISION THAT IS WITHIN, THE JURISDICTION OF A PORT   4,450        

AUTHORITY, MAY ENTER INTO AN AGREEMENT, WHICH MAY BE AMENDED OR    4,451        

SUPPLEMENTED, WITH THE PORT AUTHORITY TO ACCOMPLISH ANY OF THE     4,452        

AUTHORIZED PURPOSES OF THE PORT AUTHORITY.  THE AGREEMENT MAY SET  4,453        

FORTH THE EXTENT TO WHICH THE PORT AUTHORITY SHALL ACT AS THE      4,454        

AGENT OF THE POLITICAL SUBDIVISION.                                             

      (B)  A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE   4,457        

OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR    4,458        

ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE   4,459        

PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY     4,460        

POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF   4,461        

THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT    4,462        

AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO          4,463        

EXERCISE, PERFORM, OR RENDER.                                      4,464        

      UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE      4,466        

LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND    4,467        

ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE     4,468        

SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE      4,469        

SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE           4,470        

                                                          103    


                                                                 
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY    4,471        

OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT,   4,472        

WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING      4,473        

SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL    4,474        

POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS    4,476        

MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE      4,477        

FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE     4,478        

AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY            4,479        

CONTRACTING SUBDIVISION DIRECTLY.  THE EXERCISE OF THOSE POWERS,   4,480        

PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES    4,481        

BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE      4,482        

GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR     4,483        

CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING    4,484        

EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE  4,486        

BEING RENDERED.  ANY SUCH AGREEMENT SHALL NOT SUSPEND THE                       

POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF,  4,488        

OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO      4,489        

PERFORM ANY FUNCTION OR RENDER ANY SERVICE.  A PORT AUTHORITY OR   4,490        

ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY     4,491        

AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR                  

EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND   4,492        

ON BEHALF OF, ANY OTHER SUBDIVISION UNLESS APPROVED BY A MAJORITY  4,495        

OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION.                   4,496        

      Sec. 4582.46.  The exercise of the powers granted by         4,505        

sections 4582.22 to 4582.59 of the Revised Code will SHALL be for  4,507        

the benefit of the people of the state, for the improvement of     4,508        

their health, safety, convenience, and welfare, and for the        4,509        

enhancement of their residential, agricultural, recreational,      4,510        

economic, commercial, distributional DISTRIBUTION, research, and   4,511        

industrial opportunities and is a public purpose.  As the          4,513        

operation and maintenance of port authority facilities will        4,514        

constitute the performance of essential governmental functions, a  4,515        

port authority shall not be required to pay any taxes or           4,516        

assessments upon any port authority facility, upon any property    4,517        

                                                          104    


                                                                 
acquired or used by the port authority under sections 4582.22 to   4,518        

4582.59 of the Revised Code, or upon the income therefrom, nor     4,519        

shall the transfer to or from a port authority of title or         4,520        

possession of any port authority facility, part thereof, or item   4,521        

included or to be included in any such facility, be subject to     4,522        

the taxes levied pursuant to Chapters 5739. and 5741. of the       4,523        

Revised Code, provided, such THIS exemption does not apply to any  4,524        

property belonging to any port authority while OCCUPIED AND USED   4,526        

DURING A TAX YEAR BY a person WHO is a lessee of such THE          4,527        

property AS OF THE TAX LIEN DATE FOR THAT TAX YEAR under A         4,528        

written lease providing for a tenancy WITH A REMAINING TERM        4,529        

longer than one year. The bonds and notes issued under this        4,531        

chapter, their transfer, and the income therefrom, shall at all    4,532        

times be free from taxation within the state.                      4,533        

      Sec. 4582.47.  (A)  With respect to facilities, and their    4,542        

financing, for industry, commerce, distribution, or research       4,543        

AUTHORIZED PURPOSES, under agreements whereby the person to whom   4,545        

the facility is to be leased, subleased, or sold, or to whom a     4,546        

loan is to be made for the facility, is to make payments           4,547        

sufficient to pay all of the principal of, premium, if any, and    4,548        

interest on the port authority revenue bonds issued for the        4,549        

facility, the port authority may, in addition to other powers      4,550        

under sections 4582.22 to 4582.59 of the Revised Code, MAY DO ANY  4,551        

OF THE FOLLOWING:                                                               

      (1)  Make loans for the acquisition or construction of the   4,553        

facility to such person upon such terms as the port authority may  4,554        

determine or authorize including secured or unsecured loans, and,  4,555        

in connection therewith, enter into loan agreements and other      4,556        

agreements, accept notes and other forms of obligation to          4,557        

evidence such indebtedness and mortgages, liens, pledges,          4,558        

assignments, or other security interests to secure such            4,559        

indebtedness, which may be prior or subordinate to or on a parity  4,560        

with other indebtedness, obligations, mortgages, pledges,          4,561        

assignments, other security interests, or liens or encumbrances,   4,562        

                                                          105    


                                                                 
and take such actions as may be considered by it CONSIDERS         4,564        

appropriate to protect such security and safeguard against         4,565        

losses, including, without limitation, foreclosure and the         4,566        

bidding upon and purchase of property upon foreclosure or other    4,567        

sale;                                                                           

      (2)  Sell such THE facility under such terms as it may       4,569        

determine, including, without limitation, sale by conditional      4,570        

sale or installment sale, under which title may pass prior to or   4,571        

after completion of the facility or payment or provisions for      4,572        

payment of all principal of, premium, if any, and interest on      4,573        

such THE bonds, or at any other time provided in the agreement     4,574        

pertaining to such THE sale, and including sale under an option    4,575        

to purchase at a price which may be a nominal amount or less than  4,577        

true value at the time of purchase;                                4,578        

      (3)  Grant a mortgage, lien, or other encumbrance on, or     4,580        

pledge or assignment of, or other security interest with respect   4,581        

to, all or any part of the facility, revenues, reserve funds, or   4,582        

other funds established in connection with such THE bonds, or on,  4,584        

of, or with respect to any lease, sublease, sale, conditional      4,585        

sale or installment sale agreement, loan agreement, or other       4,586        

agreement pertaining to the lease, sublease, sale, or other        4,587        

disposition of a facility or pertaining to a loan made for a       4,588        

facility, or any guaranty or insurance agreement made with         4,589        

respect thereto, or any interest of the port authority therein,    4,590        

or any other interest granted, assigned, or released to secure     4,591        

payments of the principal of, premium, if any, or interest on the  4,592        

bonds or to secure any other payments to be made by the port       4,593        

authority, which mortgage, lien, encumbrance, pledge, assignment,  4,594        

or other security interest may be prior or subordinate to or on a  4,595        

parity with any other mortgage, assignment, or other security      4,596        

interest, or lien or encumbrance;                                  4,597        

      (4)  Provide that the interest on such THE bonds may be at   4,599        

a variable rate or rates changing from time to time in accordance  4,600        

with a base or formula as authorized by the port authority;        4,601        

                                                          106    


                                                                 
      (5)  Contract for the acquisition or construction of such    4,603        

THE facility or any part thereof and for the leasing, subleasing,  4,604        

sale, or other disposition of such THE facility in a manner        4,605        

determined by the port authority in its sole discretion, without   4,606        

necessity for competitive bidding or performance bonds.            4,607        

      (B)  The port authority, in the lease, sale, or loan         4,609        

agreement with respect to a facility referred to in division (A)   4,610        

of this section, shall make;                                       4,611        

      (6)  MAKE appropriate provision for adequate maintenance of  4,614        

the facility.                                                                   

      (C)(B)  With respect to the facilities referred to in this   4,616        

section, the authority granted by this section is cumulative and   4,617        

supplementary to all other authority granted in this chapter. The  4,619        

authority granted by this section does not alter or impair any     4,620        

similar authority granted elsewhere in this chapter for or with    4,621        

respect to other facilities.                                                    

      Sec. 4582.48.  A port authority may at any time MAY issue    4,630        

PORT AUTHORITY revenue bonds and notes in such principal amounts   4,631        

as, in the opinion of the port authority, are necessary for the    4,633        

purpose of paying the cost of one or more port authority           4,634        

facilities or parts thereof.  A port authority may at any time     4,635        

MAY issue renewal notes, issue bonds to pay such RETIRE ITS notes  4,637        

and whenever it deems CONSIDERS refunding expedient, refund any    4,639        

bonds by the issuance of port authority revenue refunding bonds    4,640        

of a political subdivision creating or participating in the        4,641        

creation of the port authority whether the bonds to be refunded    4,642        

have or have not matured, and issue PORT AUTHORITY REVENUE bonds   4,643        

partly to refund bonds then outstanding BONDS and partly for any   4,644        

other authorized purpose.  The PORT AUTHORITY REVENUE refunding    4,646        

bonds shall be sold and the proceeds applied to the purchase,      4,648        

redemption, or payment of the bonds to be refunded.  Except as     4,649        

may otherwise be expressly provided by the port PORT authority,    4,650        

every issue of its revenue bonds or notes shall be special         4,652        

obligations of the port authority payable out of the revenues of   4,653        

                                                          107    


                                                                 
the port authority that are pledged for such payment, without      4,654        

preference or priority of the first bonds issued, subject only to  4,655        

any agreements with the holders of particular bonds or notes       4,656        

pledging any particular revenues.  Such THE pledge shall be valid  4,657        

and binding from the time the pledge is made and the revenues so   4,659        

pledged and thereafter received by the port authority shall        4,660        

immediately SHALL be subject to the lien of the pledge without     4,662        

any physical delivery thereof or further act, and the lien of any  4,663        

such THE pledge is valid and binding as against all parties        4,665        

having claims of any kind in tort, contract, or otherwise against  4,666        

the port authority, irrespective of whether such THOSE parties     4,667        

have notice thereof.  Neither the resolution nor any trust         4,668        

agreement by which a pledge is created need be filed or recorded   4,669        

except in the records of the port authority.                       4,670        

      Whether or not the PORT AUTHORITY REVENUE bonds or notes     4,672        

are of such form and character as to be negotiable instruments,    4,674        

the PORT AUTHORITY REVENUE bonds or notes shall have all the       4,676        

qualities and incidents of negotiable instruments, subject only    4,677        

to the provisions of the bonds or notes for registration.          4,678        

      The PORT AUTHORITY REVENUE bonds and notes shall be          4,680        

authorized by resolution of the port authority, AND SHALL BEAR     4,682        

INTEREST AT SUCH RATE OR RATES, shall bear such date or dates,     4,683        

and shall mature at such time or times, in the case of any such    4,684        

AND IN SUCH NUMBER OF INSTALLMENTS AS MAY BE PROVIDED IN OR        4,686        

PURSUANT TO THAT RESOLUTION.  THE FINAL MATURITY OF ANY PORT                    

AUTHORITY REVENUE BOND IN THE FORM OF A note or AND any renewals   4,689        

thereof SHALL not exceeding EXCEED five years from the date of     4,690        

issue of such THE original note and in the case of any such bond.  4,692        

THE FINAL MATURITY OF ANY ORIGINAL ISSUE OF PORT AUTHORITY         4,693        

REVENUE BONDS SHALL not exceeding EXCEED forty years from the      4,694        

date of issue, and THE FINAL MATURITY OF ANY PORT AUTHORITY        4,695        

REVENUE BONDS THAT REFUND OUTSTANDING PORT AUTHORITY REVENUE       4,696        

BONDS SHALL NOT BE LATER THAN THE LATER OF FORTY YEARS FROM THE    4,697        

DATE OF ISSUE OF THE ORIGINAL ISSUE OF BONDS OR THE DATE BY WHICH  4,698        

                                                          108    


                                                                 
IT IS EXPECTED, AT THE TIME OF ISSUANCE OF THE REFUNDING BONDS,    4,699        

THAT THE USEFUL LIFE OF ALL OF THE PROPERTY REFINANCED WITH THE    4,700        

PROCEEDS OF THE BONDS, OTHER THAN INTERESTS IN LAND, WILL HAVE     4,701        

EXPIRED.  ANY SUCH BONDS OR NOTES shall be executed in such A      4,704        

manner as such THE resolution or resolutions may provide.  The     4,706        

PORT AUTHORITY REVENUE bonds and notes shall bear interest at      4,707        

such rate or rates, be in such denominations, be in such form,     4,708        

either coupon or registered, carry such registration privileges,   4,709        

be payable in such medium of payment, at such place or places,     4,710        

and be subject to such terms of redemption as the port authority   4,711        

may authorize BE PROVIDED IN OR PURSUANT TO THE RESOLUTION         4,712        

AUTHORIZING THEIR ISSUANCE.  The PORT AUTHORITY REVENUE bonds and  4,714        

notes of the port authority may be sold by the port authority, at  4,716        

public or private sale, at or at not less than such A price or     4,718        

prices as the port authority determines.  In case any officer      4,719        

whose signature or a facsimile of whose signature appears on any   4,720        

bonds, notes, or coupons, ceases to be such officer before                      

delivery of bonds or notes, such THE signature or facsimile shall  4,722        

nevertheless be sufficient for all purposes the same as if he THE  4,723        

OFFICER had remained in office until such delivery, and in case    4,724        

the seal of the port authority has been changed after a facsimile  4,726        

has been imprinted on such bonds or notes, such THE facsimile      4,727        

seal will continue to be sufficient for all purposes.              4,728        

      Any resolution or resolutions authorizing any PORT           4,730        

AUTHORITY REVENUE bonds or notes or any issue of bonds or notes    4,732        

may contain provisions, subject to such ANY agreements with        4,733        

bondholders or noteholders as may then exist, which provisions     4,735        

shall be a part of the contract with the holders of the bonds or   4,736        

notes, as to the pledging of all or any part of the revenues of    4,737        

the port authority to secure the payment of the PORT AUTHORITY     4,738        

bonds or notes or of any issue of the bonds or notes; the use and  4,740        

disposition of revenues of the port authority; a covenant to fix,  4,741        

alter, and collect rentals and other charges so that pledged       4,742        

revenues will be sufficient to pay costs of operation,             4,743        

                                                          109    


                                                                 
maintenance, and repairs, pay principal of and interest on bonds   4,744        

or notes secured by the pledge of such revenues, and provide such  4,745        

ANY reserves as THAT may be required by the applicable resolution  4,747        

or trust agreement; the setting aside of reserve funds, sinking    4,748        

funds, or replacement and improvement funds and the regulation     4,749        

and disposition thereof; the crediting of the proceeds of the      4,750        

sale of bonds or notes to and among the funds referred to or       4,751        

provided for in OR PURSUANT TO the resolution authorizing the      4,753        

issuance of the bonds or notes; the use, lease, sale, or other     4,754        

disposition of any port authority facility or any other assets of  4,755        

the port authority; limitations on the purpose to which the        4,756        

proceeds of sale of bonds or notes may be applied and the                       

pledging of such THOSE proceeds to secure the payment of the       4,757        

bonds or notes or of any issue of the bonds or notes; as to notes  4,759        

issued in anticipation of the issuance of bonds, the agreement of  4,760        

the port authority to do all things necessary for the              4,761        

authorization, issuance, and sale of such THE bonds in such        4,762        

amounts as THAT may be necessary for the timely retirement of      4,764        

such THE notes; limitations on the issuance of additional bonds    4,766        

or notes; the terms upon which additional bonds or notes may be    4,767        

issued and secured; the refunding of outstanding bonds or notes;   4,768        

the procedure, if any, by which the terms of any contract with     4,769        

bondholders or noteholders may be amended or abrogated, the        4,770        

amount of bonds or notes the holders of which must consent         4,771        

thereto, and the manner in which such consent may be given;        4,772        

limitations on the amount of moneys to be expended by the port     4,773        

authority for operating, administrative, or other expenses of the  4,774        

port authority; securing any bonds or notes by a trust agreement   4,775        

in accordance with section 4582.50 of the Revised Code; and any    4,776        

other matters, of like or different character, that in any way     4,777        

affect the security or protection of the bonds or notes.           4,778        

      At least three days prior to the delivery of bonds issued    4,780        

under authority of this section, the port authority shall send a   4,781        

written notice by certified mail to the clerk of the legislative   4,782        

                                                          110    


                                                                 
authority of each political subdivision which participated in the  4,783        

creation of the port authority advising such legislative           4,784        

authority of the proposed delivery of the bonds, the amount of     4,785        

the bonds, the user, and a general description of the facility or  4,786        

facilities to be financed.                                         4,787        

      Neither the BOARD OF directors of the port authority nor     4,789        

any person executing the bonds or notes shall be liable            4,790        

personally on the bonds or notes or be subject to any personal     4,791        

liability or accountability by reason of the issuance thereof.     4,792        

      Sec. 4582.50.  In the discretion of the port authority, any  4,801        

port authority revenue bonds issued under sections 4582.22 to      4,802        

4582.59 of the Revised Code, may be secured by a trust agreement   4,803        

between the port authority and a corporate trustee, which trustee  4,804        

THAT may be any trust company or bank having the powers of a       4,805        

trust company within or without the state.                         4,806        

      Any such THE trust agreement may pledge or assign revenues   4,808        

of the port authority to be received and may convey or mortgage    4,809        

any port authority facility or any part thereof.  Any such THE     4,810        

trust agreement or any resolution providing for the issuance of    4,811        

such bonds or notes may contain such ANY provisions for            4,812        

protecting and enforcing the rights and remedies of the            4,814        

bondholders or noteholders as are reasonable and proper and not    4,815        

in violation of law, including covenants setting forth the duties  4,816        

of the port authority in relation to the acquisition of property,  4,817        

the construction, improvement, maintenance, repair, operation,     4,818        

and insurance of the port authority facility in connection with    4,819        

which such THE bonds or notes are authorized, the rentals or       4,820        

other charges to be imposed for the use or services of any port    4,823        

authority facility, the custody, safeguarding, and application of  4,824        

all moneys, and provisions for the employment of consulting        4,825        

engineers in connection with the construction or operation of      4,826        

such THE port authority facility.  Any bank or trust company       4,828        

incorporated under the laws of this state that may act as          4,829        

depository of the proceeds of bonds or notes or of revenues may    4,830        

                                                          111    


                                                                 
furnish such ANY indemnifying bonds or may pledge such ANY         4,832        

securities as THAT are required by the port authority.  Any such   4,834        

THE trust agreement may set forth the rights and remedies of the   4,836        

bondholders and noteholders and of the trustee, and may restrict   4,837        

the individual right of action by bondholders and noteholders as   4,838        

is customary in trust agreements or trust indentures securing      4,839        

similar bonds.  Such THE trust agreement may contain such ANY      4,840        

other provisions as THAT the port authority determines reasonable  4,842        

and proper for the security of the bondholders or noteholders.     4,843        

All expenses incurred in carrying out the provisions of any such   4,844        

THE trust agreement may be treated as a part of the cost of the    4,846        

operation of the port authority facility.                                       

      Sec. 4582.52.  Port authority revenue bonds issued under     4,855        

sections 4582.22 to 4582.59 of the Revised Code do not constitute  4,856        

a debt, or a pledge of the faith and credit, of the state or any   4,857        

political subdivision of the state, and the holders or owners of   4,858        

the bonds have no right to have taxes levied by the general        4,859        

assembly or taxing authority of any political subdivision of the   4,860        

state for the payment of the principal of or interest on the       4,861        

bonds, but such THE bonds and notes are payable solely from the    4,863        

revenues and funds pledged for their payment as authorized by      4,864        

such THOSE sections, unless the notes are issued in anticipation   4,865        

of the issuance of bonds or the bonds are refunded by refunding    4,867        

bonds issued under such THOSE sections, which bonds or refunding   4,868        

bonds shall be payable solely from revenues and funds pledged for  4,870        

their payment as authorized by such THOSE sections.  All such THE  4,872        

bonds and notes shall contain on the face thereof a statement to   4,873        

the effect that the bonds or notes, as to both principal and       4,874        

interest, are not debts of the state or any political subdivision  4,875        

of the state, but are payable solely from revenues and funds       4,876        

pledged for their payment.                                         4,877        

      Sec. 4582.54.  Moneys in the funds of the port authority,    4,886        

except as otherwise provided in any resolution authorizing the     4,887        

issuance of its port authority revenue bonds or in any trust       4,888        

                                                          112    


                                                                 
agreement securing the same, in excess of current needs, may be    4,890        

invested in notes, bonds, or other obligations of the United                    

States or any agency or instrumentality of the United States, or   4,891        

in obligations of this state or any political subdivision of this  4,893        

state AS PERMITTED BY SECTIONS 135.01 TO 135.21 OF THE REVISED     4,894        

CODE.  Income from all such investments of moneys in any fund      4,896        

shall be credited to such funds as the port authority determines,  4,897        

subject to the provisions of any such resolution or trust          4,898        

agreement, and such investments may be sold at such ANY time as    4,900        

the port authority determines.                                     4,901        

      Sec. 4582.58.  (A)  All final actions of the port authority  4,910        

shall be journalized and such THE journal and the records of the   4,913        

port authority shall be open to public inspection at all           4,915        

reasonable times, except that any records or information relating  4,916        

to marketing plans, specific business strategy, financial                       

projections, financial statements, or secret processes or secret   4,918        

methods of manufacture or production that may be obtained by the   4,919        

port authority or other persons acting under sections 4582.22 to   4,920        

4852.59 of the Revised Code are confidential and shall not be      4,921        

disclosed.  NOT LATER THAN THE FIRST DAY OF APRIL EVERY YEAR,      4,922        

EVERY PORT AUTHORITY SHALL SUBMIT A REPORT TO THE DIRECTOR OF                   

DEVELOPMENT DETAILING THE PROJECTS AND ACTIVITIES OF THE PORT      4,923        

AUTHORITY DURING THE PREVIOUS CALENDAR YEAR.  THE REPORT SHALL     4,924        

INCLUDE, BUT NOT BE LIMITED TO, ALL ASPECTS OF THOSE PROJECTS AND  4,925        

ACTIVITIES, INCLUDING THE PROGRESS AND STATUS OF THE PROJECTS AND  4,926        

THEIR COSTS, AND ANY OTHER INFORMATION THE DIRECTOR DETERMINES     4,927        

SHOULD BE INCLUDED IN THE REPORT.                                               

      (B)  FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING TRADE  4,930        

SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER TO A PORT        4,931        

AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY CONTRACT TO     4,932        

PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT AUTHORITY, IN     4,933        

CONNECTION WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT,  4,934        

OR PRESERVATION OF THE BUSINESS OF THAT EMPLOYER IS NOT A PUBLIC   4,935        

RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE.  ANY OTHER   4,937        

                                                          113    


                                                                 
INFORMATION SUBMITTED BY SUCH AN EMPLOYER UNDER THOSE              4,938        

CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF  4,939        

THE REVISED CODE UNTIL THAT EMPLOYER COMMITS IN WRITING TO         4,942        

PROCEED WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR  4,943        

PRESERVATION.                                                                   

      (C)  NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE,     4,947        

THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF        4,948        

TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (B) OF   4,950        

THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN    4,951        

CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS     4,952        

SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT    4,953        

INFORMATION PURSUANT TO A VOTE OF THE MAJORITY OF THE MEMBERS      4,954        

PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE         4,955        

CONSIDERED.  NO OTHER MATTERS SHALL BE CONSIDERED DURING THE       4,956        

CLOSED SESSION.                                                    4,957        

      Sec. 4582.99.  Whoever violates division (M)(N) of section   4,966        

4582.06 or division (N) of section 4582.31 of the Revised Code is  4,968        

guilty of a minor misdemeanor.                                                  

      Section 2.  That existing sections 9.981, 109.71, 109.77,    4,970        

109.78, 349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01,       4,972        

4582.02, 4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06,   4,973        

4582.10, 4582.11, 4582.12, 4582.17, 4582.20, 4582.201, 4582.202,   4,974        

4582.21, 4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29,     4,976        

4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.43,     4,977        

4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 4582.58,     4,978        

and 4582.99 and sections 4582.021, 4582.022, 4582.23, 4582.24,                  

and 4582.56 of the Revised Code are hereby repealed.               4,979