As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. S. B. No. 137 5
1999-2000 6
SENATORS OELSLAGER-KEARNS-SPADA-FINGERHUT-WATTS-DRAKE-RAY- 8
GARDNER-PRENTISS 9
_________________________________________________________________ 11
A B I L L
To amend sections 9.981, 109.71, 109.77, 109.78, 13
349.01, 2901.01, 2921.51, 2935.01, 2935.03, 15
4582.01, 4582.02, 4582.023, 4582.03, 4582.04,
4582.041, 4582.05, 4582.06, 4582.10, 4582.11, 16
4582.12, 4582.17, 4582.20, 4582.201, 4582.202, 17
4582.21, 4582.22, 4582.25, 4582.26, 4582.27,
4582.28, 4582.29, 4582.30, 4582.31, 4582.35, 19
4582.36, 4582.37, 4582.38, 4582.43, 4582.46, 20
4582.47, 4582.48, 4582.50, 4582.52, 4582.54,
4582.58, and 4582.99, to enact sections 1724.11, 21
4582.091, and 4582.431, and to repeal sections 22
4582.021, 4582.022, 4582.23, 4582.24, and 4582.56 23
of the Revised Code to comprehensively revise the 24
powers and duties of port authorities, to enhance 25
the ability of port authorities and other 26
political subdivisions to cooperate in the
accomplishment of mutual objectives, to establish 27
more consistency between the statutes governing 28
port authorities established on or before July 9, 29
1982, and those established after that date, and
to make other changes in the laws governing port 30
authorities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 9.981, 109.71, 109.77, 109.78, 33
349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01, 4582.02, 35
2
4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06, 4582.10, 36
4582.11, 4582.12, 4582.17, 4582.20, 4582.201, 4582.202, 4582.21, 37
4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29, 4582.30, 39
4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.43, 4582.46, 40
4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 4582.58, and 4582.99 41
be amended and sections 1724.11, 4582.091, and 4582.431 of the 43
Revised Code be enacted to read as follows:
Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised 52
Code are applicable to bonds: 53
(1) The payment of the debt service on which is to be 55
provided for directly or indirectly by payments contracted to be 56
made in the bond proceedings by the absolute obligors, being 57
persons other than the issuer; and 58
(2) Which are authorized to be issued under sections 60
122.39 to 122.62, Chapter 165., 902., 3377., 3706., division (E) 61
(D) of section 4582.06, division (H) of section 4582.31, SECTION 63
4582.48, or Chapter 6121. or 6123. of the Revised Code, 65
notwithstanding other provisions therein. 66
(B) Sections 9.98 to 9.983 of the Revised Code are 68
applicable to bonds issued under Chapters 140., 152., 154., 175., 69
and 349. of the Revised Code, and to any bonds authorized under 70
laws which expressly make those sections applicable. 71
(C) Subject to division (A) of this section, the authority 73
provided in sections 9.98 to 9.983 of the Revised Code is 74
supplemental to and not in derogation of any similar authority 75
provided by, derived from, or implied by, any law, the Ohio 76
constitution CONSTITUTION, or any charter, resolution, or 78
ordinance, and no inference shall be drawn to negate the 79
authority thereunder by reason of the express provisions of 80
sections 9.98 to 9.983 of the Revised Code. 81
(D) Sections 9.98 to 9.983 of the Revised Code shall be 83
liberally construed to permit flexibility in the arrangements 84
therein provided to enhance the issuance of such bonds and 85
provide for terms most beneficial and satisfactory to the persons 86
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which undertake to provide for their payment, security, and 87
liquidity. 88
Sec. 109.71. There is hereby created in the office of the 97
attorney general the Ohio peace officer training commission. The 98
commission shall consist of nine members appointed by the 99
governor with the advice and consent of the senate and selected 100
as follows: one member representing the public; two members who 101
are incumbent sheriffs; two members who are incumbent chiefs of 102
police; one member from the bureau of criminal identification and 103
investigation; one member from the state highway patrol; one 104
member who is the special agent in charge of a field office of 105
the federal bureau of investigation in this state; and one member 106
from the department of education, trade and industrial education 108
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code: 110
(A) "Peace officer" means: 112
(1) A deputy sheriff, marshal, deputy marshal, member of 114
the organized police department of a township or municipal 115
corporation, member of a township police district or joint 116
township police district police force, member of a police force 117
employed by a metropolitan housing authority under division (D) 118
of section 3735.31 of the Revised Code, or township constable, 119
who is commissioned and employed as a peace officer by a 120
political subdivision of this state or by a metropolitan housing 121
authority, and whose primary duties are to preserve the peace, to 122
protect life and property, and to enforce the laws of this state, 123
ordinances of a municipal corporation, resolutions of a township, 124
or regulations of a board of county commissioners or board of 125
township trustees, or any such laws, ordinances, resolutions, or 126
regulations;
(2) A police officer who is employed by a railroad company 128
and appointed and commissioned by the governor pursuant to 129
sections 4973.17 to 4973.22 of the Revised Code; 130
(3) Employees of the department of taxation engaged in the 132
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enforcement of Chapter 5743. of the Revised Code and designated 133
by the tax commissioner for peace officer training for purposes 134
of the delegation of investigation powers under section 5743.45 135
of the Revised Code; 136
(4) An undercover drug agent; 138
(5) Liquor control investigators of the department of 140
public safety engaged in the enforcement of Chapters 4301. and 141
4303. of the Revised Code;
(6) An employee of the department of natural resources who 143
is a natural resources law enforcement staff officer designated 144
pursuant to section 1501.013, a park officer designated pursuant 145
to section 1541.10, a forest officer designated pursuant to 148
section 1503.29, a preserve officer designated pursuant to 149
section 1517.10, a wildlife officer designated pursuant to 150
section 1531.13, or a state watercraft officer designated 151
pursuant to section 1547.521 of the Revised Code; 152
(7) An employee of a park district who is designated 154
pursuant to section 511.232 or 1545.13 of the Revised Code; 155
(8) An employee of a conservancy district who is 157
designated pursuant to section 6101.75 of the Revised Code; 158
(9) A police officer who is employed by a hospital that 160
employs and maintains its own proprietary police department or 161
security department, and who is appointed and commissioned by the 162
governor pursuant to sections 4973.17 to 4973.22 of the Revised 163
Code; 164
(10) Ohio veterans' home police officers designated under 166
section 5907.02 of the Revised Code; 167
(11) A police officer who is employed by a qualified 169
nonprofit corporation police department pursuant to section 170
1702.80 of the Revised Code; 171
(12) A state university law enforcement officer appointed 173
under section 3345.04 of the Revised Code or a person serving as 174
a state university law enforcement officer on a permanent basis 175
on June 19, 1978, who has been awarded a certificate by the 176
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executive director of the Ohio peace officer training council 177
attesting to the person's satisfactory completion of an approved 178
state, county, municipal, or department of natural resources 179
peace officer basic training program;
(13) A special police officer employed by the department 181
of mental health pursuant to section 5119.14 of the Revised Code 182
or the department of mental retardation and developmental 183
disabilities pursuant to section 5123.13 of the Revised Code; 184
(14) A member of a campus police department appointed 186
under section 1713.50 of the Revised Code; 187
(15) A member of a police force employed by a regional 189
transit authority under division (Y) of section 306.35 of the 190
Revised Code;
(16) Food stamp trafficking agents of the department of 192
public safety designated under section 5502.14 of the Revised 194
Code;
(17) Investigators appointed by the auditor of state 196
pursuant to section 117.091 of the Revised Code and engaged in 197
the enforcement of Chapter 117. of the Revised Code; 198
(18) A special police officer designated by the 200
superintendent of the state highway patrol pursuant to section 201
5503.09 of the Revised Code or a person who was serving as a 202
special police officer pursuant to that section on a permanent 204
basis on October 21, 1997, and who has been awarded a certificate 206
by the executive director of the Ohio peace officer training 207
commission attesting to the person's satisfactory completion of 208
an approved state, county, municipal, or department of natural 209
resources peace officer basic training program; 210
(19) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 212
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE OR A PERSON 214
SERVING AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 215
ON A PERMANENT BASIS ON THE EFFECTIVE DATE OF THIS AMENDMENT WHO 216
HAS BEEN AWARDED A CERTIFICATE BY THE EXECUTIVE DIRECTOR OF THE 217
OHIO PEACE OFFICER TRAINING COUNCIL ATTESTING TO THE PERSON'S 218
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SATISFACTORY COMPLETION OF AN APPROVED STATE, COUNTY, MUNICIPAL, 219
OR DEPARTMENT OF NATURAL RESOURCES PEACE OFFICER BASIC TRAINING 220
PROGRAM. 221
(B) "Undercover drug agent" has the same meaning as in 223
division (B)(2) of section 109.79 of the Revised Code. 224
(C) "Crisis intervention training" means training in the 226
use of interpersonal and communication skills to most effectively 227
and sensitively interview victims of rape. 228
(D) "Missing children" has the same meaning as in section 230
2901.30 of the Revised Code. 231
Sec. 109.77. (A) As used in this section, "felony" has 241
the same meaning as in section 109.511 of the Revised Code. 242
(B)(1) Notwithstanding any general, special, or local law 245
or charter to the contrary, and except as otherwise provided in 246
this section, no person shall receive an original appointment on 247
a permanent basis as any of the following unless the person 248
previously has been awarded a certificate by the executive 249
director of the Ohio peace officer training commission attesting 250
to the person's satisfactory completion of an approved state, 251
county, municipal, or department of natural resources peace 252
officer basic training program:
(a) A peace officer of any county, township, municipal 254
corporation, regional transit authority, or metropolitan housing 255
authority;
(b) A natural resources law enforcement staff officer, 257
park officer, forest officer, preserve officer, wildlife officer, 259
or state watercraft officer of the department of natural 260
resources;
(c) An employee of a park district under section 511.232 262
or 1545.13 of the Revised Code; 263
(d) An employee of a conservancy district who is 265
designated pursuant to section 6101.75 of the Revised Code; 266
(e) A state university law enforcement officer; 268
(f) A special police officer employed by the department of 270
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mental health pursuant to section 5119.14 of the Revised Code or 271
the department of mental retardation and developmental 272
disabilities pursuant to section 5123.13 of the Revised Code; 273
(g) A food stamp trafficking agent of the department of 275
public safety designated under section 5502.14 of the Revised 276
Code;
(h) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 278
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 279
(2) Every person who is appointed on a temporary basis or 281
for a probationary term or on other than a permanent basis as any 282
of the following shall forfeit the appointed position unless the 284
person previously has completed satisfactorily or, within the 285
time prescribed by rules adopted by the attorney general pursuant 286
to section 109.74 of the Revised Code, satisfactorily completes a 287
state, county, municipal, or department of natural resources 288
peace officer basic training program for temporary or 289
probationary officers and is awarded a certificate by the 290
director attesting to the satisfactory completion of the program: 291
(a) A peace officer of any county, township, municipal 293
corporation, regional transit authority, or metropolitan housing 294
authority;
(b) A natural resources law enforcement staff officer, 296
park officer, forest officer, preserve officer, wildlife officer, 298
or state watercraft officer of the department of natural 299
resources;
(c) An employee of a park district under section 511.232 301
or 1545.13 of the Revised Code; 302
(d) An employee of a conservancy district who is 304
designated pursuant to section 6101.75 of the Revised Code; 305
(e) A special police officer employed by the department of 307
mental health pursuant to section 5119.14 of the Revised Code or 308
the department of mental retardation and developmental 309
disabilities pursuant to section 5123.13 of the Revised Code; 310
(f) A food stamp trafficking agent of the department of 312
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public safety designated under section 5502.14 of the Revised 313
Code;
(g) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 315
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 316
(3) For purposes of division (B) of this section, a state, 318
county, municipal, or department of natural resources peace 319
officer basic training program, regardless of whether the program 320
is to be completed by peace officers appointed on a permanent or 321
temporary, probationary, or other nonpermanent basis, shall 322
include at least fifteen hours of training in the handling of the 323
offense of domestic violence, other types of domestic 324
violence-related offenses and incidents, and protection orders 325
and consent agreements issued or approved under section 2919.26 326
or 3113.31 of the Revised Code and at least six hours of crisis 327
intervention training. The requirement to complete fifteen hours 328
of training in the handling of the offense of domestic violence, 329
other types of domestic violence-related offenses and incidents, 330
and protection orders and consent agreements issued or approved 331
under section 2919.26 or 3113.31 of the Revised Code does not 332
apply to any person serving as a peace officer on March 27, 1979, 333
and the requirement to complete six hours of training in crisis 334
intervention does not apply to any person serving as a peace 335
officer on April 4, 1985. Any person who is serving as a peace 336
officer on April 4, 1985, who terminates that employment after 337
that date, and who subsequently is hired as a peace officer by 338
the same or another law enforcement agency shall complete the six 339
hours of training in crisis intervention within the time 340
prescribed by rules adopted by the attorney general pursuant to 341
section 109.742 of the Revised Code. No peace officer shall have 342
employment as a peace officer terminated and then be reinstated 343
with intent to circumvent this section. 344
(4) Division (B) of this section does not apply to any 346
person serving on a permanent basis on March 28, 1985, as a park 347
officer, forest officer, preserve officer, wildlife officer, or 348
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state watercraft officer of the department of natural resources 349
or as an employee of a park district under section 511.232 or 350
1545.13 of the Revised Code, to any person serving on a permanent 351
basis on March 6, 1986, as an employee of a conservancy district 352
designated pursuant to section 6101.75 of the Revised Code, to 353
any person serving on a permanent basis on January 10, 1991, as a 354
preserve officer of the department of natural resources, to any 356
person employed on a permanent basis on July 2, 1992, as a
special police officer by the department of mental health 358
pursuant to section 5119.14 of the Revised Code or by the 359
department of mental retardation and developmental disabilities 360
pursuant to section 5123.13 of the Revised Code, TO ANY PERSON 361
SERVING ON A PERMANENT BASIS ON THE EFFECTIVE DATE OF THIS 362
AMENDMENT AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT
AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, 363
or to any person serving on a permanent basis on June 19, 1978, 365
as a state university law enforcement officer pursuant to section 366
3345.04 of the Revised Code and who, immediately prior to June
19, 1978, was serving as a special police officer designated 368
under authority of that section.
(5) Division (B) of this section does not apply to any 370
person who is appointed as a regional transit authority police 371
officer pursuant to division (Y) of section 306.35 of the Revised 372
Code if, on or before July 1, 1996, the person has completed 373
satisfactorily an approved state, county, municipal, or 375
department of natural resources peace officer basic training 376
program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting 377
to the person's satisfactory completion of such an approved 378
program and if, on July 1, 1996, the person is performing peace 379
officer functions for a regional transit authority. 380
(C) No person, after September 20, 1984, shall receive an 382
original appointment on a permanent basis as a liquor control 383
investigator or food stamp trafficking agent of the department of 384
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public safety, engaged in the enforcement of Chapters 4301. and 385
4303. of the Revised Code, or as an Ohio veterans' home police 386
officer designated under section 5907.02 of the Revised Code 389
unless the person previously has been awarded a certificate by 390
the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of 391
an approved police officer basic training program. Every person 392
who is appointed on a temporary basis or for a probationary term 394
or on other than a permanent basis as a liquor control 395
investigator of the department of public safety, engaged in the 396
enforcement of Chapters 4301. and 4303. of the Revised Code, or 397
as an Ohio veterans' home police officer designated under section 398
5907.02 of the Revised Code shall forfeit that position unless 399
the person previously has completed satisfactorily or, within one 400
year from the time of appointment, satisfactorily completes an 402
approved police officer basic training program. 403
No person, beginning on October 29, 1995, shall receive an 406
original appointment on a permanent basis as a food stamp 407
trafficking agent of the department of public safety authorized 408
to enforce Chapter 5502. and sections 2913.46 and 5101.54 of the 410
Revised Code and engaged in the enforcement of laws and rules
described in section 5502.14 of the Revised Code unless the 411
person previously has been awarded a certificate by the executive 413
director of the Ohio peace officer training commission attesting 414
to the person's satisfactory completion of an approved police
officer basic training program. Every person who is appointed on 416
a temporary BASIS or for a probationary term or on other than a 417
permanent basis as a food stamp trafficking agent shall forfeit 418
that position unless the person previously has completed 419
satisfactorily, or within one year from the time of the 420
appointment satisfactorily completes, an approved police officer 421
basic training program. 422
(D) No bailiff or deputy bailiff of a court of record of 424
this state and no criminal investigator who is employed by the 425
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state public defender shall carry a firearm, as defined in 426
section 2923.11 of the Revised Code, while on duty unless the 427
bailiff, deputy bailiff, or criminal investigator has done or 429
received one of the following:
(1) Has been awarded a certificate by the executive 431
director of the Ohio peace officer training commission, which 432
certificate attests to satisfactory completion of an approved 433
state, county, or municipal basic training program for bailiffs 434
and deputy bailiffs of courts of record and for criminal 435
investigators employed by the state public defender that has been 436
recommended by the Ohio peace officer training commission; 437
(2) Has successfully completed a firearms training program 440
approved by the Ohio peace officer training commission prior to 441
employment as a bailiff, deputy bailiff, or criminal 442
investigator;
(3) Prior to June 6, 1986, was authorized to carry a 445
firearm by the court that employed the bailiff or deputy bailiff 446
or, in the case of a criminal investigator, by the state public 448
defender and has received training in the use of firearms that 449
the Ohio peace officer training commission determines is 450
equivalent to the training that otherwise is required by division 451
(D) of this section. 452
(E)(1) Prior to awarding any certificate prescribed in 455
this section, the executive director of the Ohio peace officer 456
training commission shall request the person to whom the 457
certificate is to be awarded to disclose, and the person shall 458
disclose, any previous criminal conviction of or plea of guilty 459
of that person to a felony.
(2) Prior to the award by the executive director of the 462
commission of any certificate prescribed in this section, the 463
prospective employer of the person to whom the certificate is to 464
be awarded or the commander of the peace officer training school 465
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 467
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records check on the person. Upon receipt of the request, the 468
bureau promptly shall conduct a criminal history records check on 469
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 470
prospective employer or peace officer training school commander 471
that made the request. Upon receipt of the copy of the criminal 473
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 474
shall submit the copy to the executive director of the Ohio peace 476
officer training commission. The executive director shall not 477
award any certificate prescribed in this section unless the 478
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 479
awarded.
(3) The executive director of the commission shall not 481
award a certificate prescribed in this section to a person who 482
has been convicted of or has pleaded guilty to a felony or who 483
fails to disclose any previous criminal conviction of or plea of 484
guilty to a felony as required under division (E)(1) of this 485
section.
(4) The executive director of the commission shall revoke 487
the certificate awarded to a person as prescribed in this 488
section, and that person shall forfeit all of the benefits 489
derived from being certified as a peace officer under this 490
section, if the person, prior to the award of the certificate, 491
failed to disclose any previous criminal conviction of or plea of 492
guilty to a felony as required under division (E)(1) of this 494
section.
(F)(1) Regardless of whether the person has been awarded 496
the certificate or has been classified as a peace officer prior 497
to, on, or after the effective date of this amendment OCTOBER 16, 500
1996, the executive director of the Ohio peace officer training 501
commission shall revoke any certificate that has been awarded to 502
a person as prescribed in this section if the person does either 503
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of the following:
(a) Pleads guilty to a felony committed on or after 505
January 1, 1997. 506
(b) Pleads guilty to a misdemeanor committed on or after 509
January 1, 1997, pursuant to a negotiated plea agreement as 510
provided in division (D) of section 2929.29 of the Revised Code 511
in which the person agrees to surrender the certificate awarded 513
to the person under this section. 514
(2) The executive director of the commission shall suspend 516
any certificate that has been awarded to a person as prescribed 517
in this section if the person is convicted, after trial, of a 518
felony committed on or after January 1, 1997. The executive 520
director shall suspend the certificate pursuant to division 521
(F)(2) of this section pending the outcome of an appeal by the 522
person from that conviction to the highest court to which the 524
appeal is taken or until the expiration of the period in which an 525
appeal is required to be filed. If the person files an appeal 526
that results in that person's acquittal of the felony or 527
conviction of a misdemeanor, or in the dismissal of the felony 528
charge against that person, the executive director shall 529
reinstate the certificate awarded to the person under this 530
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 532
highest court to which the appeal is taken or if the person does 533
not file a timely appeal, the executive director shall revoke the 534
certificate awarded to the person under this section. 535
(G)(1) If a person is awarded a certificate under this 538
section and the certificate is revoked pursuant to division
(E)(4) or (F) of this section, the person shall not be eligible 540
to receive, at any time, a certificate attesting to the person's 541
satisfactory completion of a peace officer basic training 542
program.
(2) The revocation or suspension of a certificate under 544
division (E)(4) or (F) of this section shall be in accordance 545
14
with Chapter 119. of the Revised Code. 546
(H)(1) A person who was employed as a peace officer of a 548
county, township, or municipal corporation of the state on 549
January 1, 1966, and who has completed at least sixteen years of 550
full-time active service as such a peace officer may receive an 551
original appointment on a permanent basis and serve as a peace 552
officer of a county, township, or municipal corporation, or as a 553
state university law enforcement officer, without complying with 554
the requirements of division (B) of this section. 555
(2) Any person who held an appointment as a state highway 557
trooper on January 1, 1966, may receive an original appointment 558
on a permanent basis and serve as a peace officer of a county, 559
township, or municipal corporation, or as a state university law 560
enforcement officer, without complying with the requirements of 561
division (B) of this section. 562
(I) No person who is appointed as a peace officer of a 564
county, township, or municipal corporation on or after April 9, 565
1985, shall serve as a peace officer of that county, township, or 566
municipal corporation unless the person has received training in 567
the handling of missing children and child abuse and neglect 568
cases from an approved state, county, township, or municipal 569
police officer basic training program or receives the training 570
within the time prescribed by rules adopted by the attorney 571
general pursuant to section 109.741 of the Revised Code. 572
(J) No part of any approved state, county, or municipal 574
basic training program for bailiffs and deputy bailiffs of courts 575
of record and no part of any approved state, county, or municipal 576
basic training program for criminal investigators employed by the 577
state public defender shall be used as credit toward the 578
completion by a peace officer of any part of the approved state, 579
county, or municipal peace officer basic training program that 580
the peace officer is required by this section to complete 581
satisfactorily. 582
(K) This section does not apply to any member of the 584
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police department of a municipal corporation in an adjoining 585
state serving in this state under a contract pursuant to section 586
737.04 of the Revised Code. 587
Sec. 109.78. (A) The executive director of the Ohio peace 597
officer training commission, on behalf of the commission and in 599
accordance with rules promulgated by the attorney general, shall 600
certify persons who have satisfactorily completed approved 601
training programs designed to qualify persons for positions as 602
special police, security guards, or persons otherwise privately 604
employed in a police capacity and issue appropriate certificates 605
to such persons. Application for approval of a training program 606
designed to qualify persons for such positions shall be made to 607
the commission. An application for approval shall be submitted 609
to the commission with a fee of one hundred twenty-five dollars, 611
which fee shall be refunded if the application is denied. Such 612
programs shall cover only duties and jurisdiction of such 613
security guards and special police privately employed in a police 615
capacity when such officers do not qualify for training under 616
section 109.71 of the Revised Code. A person attending an 617
approved basic training program administered by the state shall 618
pay to the agency administering the program the cost of the 619
person's participation in the program as determined by the 620
agency. A person attending an approved basic training program 621
administered by a county or municipal corporation shall pay the 622
cost of the person's participation in the program, as determined 624
by the administering subdivision, to the county or the municipal 625
corporation. A person who is issued a certificate for 626
satisfactory completion of an approved basic training program 627
shall pay to the commission a fee of fifteen dollars. A 628
duplicate of a lost, spoliated, or destroyed certificate may be 630
issued upon application and payment of a fee of fifteen dollars. 631
Such certificate or the completion of twenty years of active duty 632
as a peace officer shall satisfy the educational requirements for 633
appointment or commission as a special police officer or special 635
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deputy of a political subdivision of this state. 636
(B)(1) The executive director of the Ohio peace officer 638
training commission, on behalf of the commission and in 640
accordance with rules promulgated by the attorney general, shall 641
certify basic firearms training programs, and shall issue 642
certificates to class A, B, or C licensees or prospective class 643
A, B, or C licensees under Chapter 4749. of the Revised Code and 644
to registered or prospective employees of such class A, B, or C 645
licensees who have satisfactorily completed a basic firearms 646
training program of the type described in division (A)(1) of 647
section 4749.10 of the Revised Code. 648
Application for approval of a basic firearms training 650
program shall be made to the commission. An application shall be 652
submitted to the commission with a fee of one hundred dollars, 654
which fee shall be refunded if the application is denied. 655
A person who is issued a certificate for satisfactory 657
completion of an approved basic firearms training program shall 658
pay a fee of ten dollars to the commission. A duplicate of a 660
lost, spoliated, or destroyed certificate may be issued upon 661
application and payment of a fee of five dollars. 662
(2) The executive director, on behalf of the commission 664
and in accordance with rules promulgated by the attorney general, 666
also shall certify firearms requalification training programs and 667
instructors for the annual requalification of class A, B, or C 668
licensees under Chapter 4749. of the Revised Code and registered 669
or prospective employees of such class A, B, or C licensees who 670
are authorized to carry a firearm under section 4749.10 of the 671
Revised Code. Application for approval of a training program or 672
instructor for such purpose shall be made to the commission. 674
Such an application shall be submitted to the commission with a 676
fee of fifty dollars, which fee shall be refunded if the 677
application is denied. 678
(3) The executive director, upon request, also shall 680
review firearms training received within three years prior to 681
17
November 23, 1985, by any class A, B, or C licensee or 683
prospective class A, B, or C licensee, or by any registered of OR
prospective employee of any class A, B, or C licensee under 684
Chapter 4749. of the Revised Code to determine if the training 685
received is equivalent to a basic firearms training program that 686
includes twenty hours of handgun training and five hours of 687
training in the use of other firearms, if any other firearm is to 688
be used. If the executive director determines the training was 689
received within the three-year period and that it is equivalent 690
to such a program, the executive director shall issue written 691
evidence of approval of the equivalency training to the licensee 692
or employee. 693
(C) There is hereby established in the state treasury the 695
peace officer private security fund, which shall be used by the 696
Ohio peace officer training commission to administer the training 698
program to qualify persons for positions as special police, 700
security guards, or other private employment in a police 701
capacity, as described in division (A) of this section, and the 702
training program in basic firearms and the training program for 703
firearms requalification, both as described in division (B) of 704
this section. All fees paid to the commission by applicants for 706
approval of a training program designed to qualify persons for 707
such private police positions, basic firearms training program, 708
or a firearms requalification training program or instructor, as 709
required by division (A) or (B) of this section, by persons who 710
satisfactorily complete a private police training program or a 711
basic firearms training program, as required by division (A) or 712
(B) of this section, or by persons who satisfactorily requalify 713
in firearms use, as required by division (B)(2) of section 714
4749.10 of the Revised Code, shall be transmitted to the 715
treasurer of state for deposit in the fund. The fund shall be 716
used only for the purpose set forth in this division. 717
(D) No public or private educational institution, port 719
authority, or superintendent of the state highway patrol shall 720
18
employ a person as a special police officer, security guard, or 722
other position in which such person goes armed while on duty, who 724
has not received a certificate of having satisfactorily completed 725
an approved basic peace officer training program, unless the 726
person has completed twenty years of active duty as a peace 727
officer.
Sec. 349.01. As used in this chapter: 736
(A) "New community" means a community or an addition to an 738
existing community planned pursuant to this chapter so that it 739
includes facilities for the conduct of industrial, commercial, 740
residential, cultural, educational, and recreational activities, 741
and designed in accordance with planning concepts for the 742
placement of utility, open space, and other supportive 743
facilities. 744
(B) "New community development program" means a program 746
for the development of a new community characterized by 747
well-balanced and diversified land use patterns and which 748
includes land acquisition and land development, the acquisition, 749
construction, operation, and maintenance of community facilities, 751
and the provision of services authorized in sections 349.01 to 752
349.16 of the Revised Code. 753
(C) "New community district" means the area of land 755
described by the developer in the petition as set forth in 756
division (A) of section 349.03 of the Revised Code for 757
development as a new community and any lands added to such 758
district by amendment of the resolution establishing the 759
community authority. 760
(D) "New community authority" means a body corporate and 762
politic in this state, established pursuant to section 349.03 of 763
the Revised Code and governed by a board of trustees as provided 764
in section 349.04 of the Revised Code. 765
(E) "Developer" means any person, organized for carrying 767
out a new community development program and WHO owns or controls, 769
through leases of at least seventy-five years' duration, options, 770
19
or contracts to purchase, the land within a new community 771
district, or any municipality or, county which, OR PORT AUTHORITY 773
THAT owns the land within a new community district, or has the 774
ability to acquire such land, either by voluntary acquisition or 775
condemnation in order to eliminate slum, blighted, and 776
deteriorated or deteriorating areas and to prevent the recurrence 777
thereof.
(F) "Organizational board of commissioners" means, if the 779
new community district is located in only one county, the board 780
of county commissioners of such county; if located in more than 781
one county, a board consisting of the members of the board of 782
county commissioners of each of the counties in which the 783
district is located, provided that action of such board shall 784
require a majority vote of the members of each separate board of 785
county commissioners; or, if more than half of the new community 786
district is located within the boundaries of the most populous 787
municipal corporation of a county, the legislative authority of 788
the municipal corporation. 789
(G) "Land acquisition" means the acquisition of real 791
property and interests in real property as part of a new 792
community development program. 793
(H) "Land development" means the process of clearing and 795
grading land, making, installing, or constructing water 796
distribution systems, sewers, sewage collection systems, steam, 797
gas, and electric lines, roads, streets, curbs, gutters, 798
sidewalks, storm drainage facilities, and other installations or 799
work, whether within or without the new community district, and 800
the construction of community facilities. 801
(I) "Community facilities" means all real property, 803
buildings, structures, or other facilities, including related 804
fixtures, equipment, and furnishings, to be owned, operated, 805
financed, constructed, and maintained under this chapter, 806
including public, community, village, neighborhood, or town 807
buildings, centers and plazas, auditoriums, day care centers, 808
20
recreation halls, educational facilities, recreational 809
facilities, natural resource facilities, including parks and 810
other open space land, lakes and streams, cultural facilities, 811
community streets, pathway and bikeway systems, pedestrian 812
underpasses and overpasses, lighting facilities, design 813
amenities, or other community facilities, and buildings needed in 814
connection with water supply or sewage disposal installations or 815
steam, gas, or electric lines or installation. 816
(J) "Cost" as applied to a new community development 818
program means all costs related to land acquisition and land 819
development, the acquisition, construction, maintenance, and 820
operation of community facilities and offices of the community 821
authority, and of providing furnishings and equipment therefor, 822
financing charges including interest prior to and during 823
construction and for the duration of the new community 824
development program, planning expenses, engineering expenses, 825
administrative expenses including working capital, and all other 826
expenses necessary and incident to the carrying forward of the 827
new community development program. 828
(K) "Income source" means any and all sources of income to 830
the community authority, including community development charges 831
of which the new community authority is the beneficiary as 832
provided in section 349.07 of the Revised Code, rentals, user 833
fees and other charges received by the new community authority, 834
any gift or grant received, any moneys received from any funds 835
invested by or on behalf of the new community authority, and 836
proceeds from the sale or lease of land and community facilities. 837
(L) "Community development charge" means a dollar amount 839
which shall be determined on the basis of the assessed valuation 840
of real property or interests in real property in a new community 841
district sold, leased, or otherwise conveyed by the developer or 842
the new community authority, the income of the residents of such 843
property subject to such charge under section 349.07 of the 844
Revised Code, if such property is devoted to residential uses or 845
21
to the profits of any business, a uniform fee on each parcel of 846
such real property originally sold, leased, or otherwise conveyed 847
by the developer or new community authority, or any combination 848
of the foregoing bases. 849
(M) "Proximate city" means any city that, as of the date 851
of filing of the petition under section 349.03 of the Revised 852
Code, is the most populous city of the county in which the 853
proposed new community district is located, is the most populous 854
city of an adjoining county if any portion of such city is within 855
five miles of any part of the boundaries of such district, or 856
exercises extraterritorial subdivision authority under section 857
711.09 of the Revised Code with respect to any part of such 858
district. 859
Sec. 1724.11. (A) WHEN A COMMUNITY IMPROVEMENT 861
CORPORATION IS ACTING AS AN AGENT OF A POLITICAL SUBDIVISION 863
DESIGNATED PURSUANT TO SECTION 1724.10 OF THE REVISED CODE, BOTH 865
OF THE FOLLOWING APPLY: 866
(1) ANY FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING 869
TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN ENTITY TO THE 870
COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION WITH THE
RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF 871
THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE COMMUNITY 872
IMPROVEMENT CORPORATION, OR BY ANY POLITICAL SUBDIVISION FOR 873
WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS ACTING AS AGENT, 874
IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC RECORD SUBJECT TO 876
SECTION 149.43 OF THE REVISED CODE. 878
(2) ANY OTHER INFORMATION SUBMITTED BY OR ON BEHALF OF AN 881
ENTITY TO THE COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION
WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR 882
PRESERVATION OF THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE 883
COMMUNITY IMPROVEMENT CORPORATION, OR BY ANY POLITICAL 884
SUBDIVISION FOR WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS 885
ACTING AS AGENT, IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC 886
RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE, UNTIL THE 889
22
ENTITY COMMITS IN WRITING TO PROCEED WITH THE RELOCATION, 890
LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF ITS 891
BUSINESS.
(B)(1) WHEN THE BOARD OF TRUSTEES OF A COMMUNITY 894
IMPROVEMENT CORPORATION OR ANY COMMITTEE OR SUBCOMMITTEE OF SUCH 895
A BOARD MEETS TO CONSIDER INFORMATION THAT IS NOT A PUBLIC RECORD 896
PURSUANT TO DIVISION (A) OF THIS SECTION, THE BOARD, COMMITTEE, 898
OR SUBCOMMITTEE, BY UNANIMOUS VOTE OF ALL MEMBERS PRESENT, MAY 899
CLOSE THE MEETING DURING CONSIDERATION OF THE CONFIDENTIAL 900
INFORMATION. THE BOARD, COMMITTEE, OR SUBCOMMITTEE SHALL 901
CONSIDER NO OTHER INFORMATION DURING THE CLOSED SESSION. 902
(2) ANY MEETING AT WHICH A DECISION OR DETERMINATION OF 905
THE BOARD IS MADE IN CONNECTION WITH THE RELOCATION, LOCATION, 906
EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THE 907
ENTITY SHALL BE OPEN TO THE PUBLIC.
Sec. 2901.01. (A) As used in the Revised Code: 916
(1) "Force" means any violence, compulsion, or constraint 918
physically exerted by any means upon or against a person or 919
thing. 920
(2) "Deadly force" means any force that carries a 922
substantial risk that it will proximately result in the death of 923
any person. 924
(3) "Physical harm to persons" means any injury, illness, 926
or other physiological impairment, regardless of its gravity or 927
duration. 928
(4) "Physical harm to property" means any tangible or 930
intangible damage to property that, in any degree, results in 931
loss to its value or interferes with its use or enjoyment. 932
"Physical harm to property" does not include wear and tear 933
occasioned by normal use. 934
(5) "Serious physical harm to persons" means any of the 936
following: 937
(a) Any mental illness or condition of such gravity as 939
would normally require hospitalization or prolonged psychiatric 940
23
treatment; 941
(b) Any physical harm that carries a substantial risk of 943
death; 944
(c) Any physical harm that involves some permanent 946
incapacity, whether partial or total, or that involves some 947
temporary, substantial incapacity; 948
(d) Any physical harm that involves some permanent 950
disfigurement or that involves some temporary, serious 951
disfigurement; 952
(e) Any physical harm that involves acute pain of such 954
duration as to result in substantial suffering or that involves 955
any degree of prolonged or intractable pain. 956
(6) "Serious physical harm to property" means any physical 958
harm to property that does either of the following: 959
(a) Results in substantial loss to the value of the 961
property or requires a substantial amount of time, effort, or 962
money to repair or replace; 963
(b) Temporarily prevents the use or enjoyment of the 965
property or substantially interferes with its use or enjoyment 966
for an extended period of time. 967
(7) "Risk" means a significant possibility, as contrasted 969
with a remote possibility, that a certain result may occur or 970
that certain circumstances may exist. 971
(8) "Substantial risk" means a strong possibility, as 973
contrasted with a remote or significant possibility, that a 974
certain result may occur or that certain circumstances may exist. 975
(9) "Offense of violence" means any of the following: 977
(a) A violation of section 2903.01, 2903.02, 2903.03, 979
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 980
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 981
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 982
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 983
division (A)(1), (2), or (3) of section 2911.12 of the Revised 984
Code or felonious sexual penetration in violation of former 985
24
section 2907.12 of the Revised Code; 986
(b) A violation of an existing or former municipal 988
ordinance or law of this or any other state or the United States, 989
substantially equivalent to any section, division, or offense 991
listed in division (A)(9)(a) of this section; 992
(c) An offense, other than a traffic offense, under an 994
existing or former municipal ordinance or law of this or any 995
other state or the United States, committed purposely or 996
knowingly, and involving physical harm to persons or a risk of 997
serious physical harm to persons; 998
(d) A conspiracy or attempt to commit, or complicity in 1,000
committing, any offense under division (A)(9)(a), (b), or (c) of 1,002
this section.
(10)(a) "Property" means any property, real or personal, 1,005
tangible or intangible, and any interest or license in that 1,006
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 1,007
telecommunications devices, information service, computers, data, 1,008
computer software, financial instruments associated with 1,010
computers, other documents associated with computers, or copies 1,011
of the documents, whether in machine or human readable form, 1,012
trade secrets, trademarks, copyrights, patents, and property 1,013
protected by a trademark, copyright, or patent. "Financial 1,014
instruments associated with computers" include, but are not 1,015
limited to, checks, drafts, warrants, money orders, notes of 1,016
indebtedness, certificates of deposit, letters of credit, bills 1,017
of credit or debit cards, financial transaction authorization 1,018
mechanisms, marketable securities, or any computer system 1,019
representations of any of them. 1,020
(b) As used in division (A)(10) of this section, "trade 1,023
secret" has the same meaning as in section 1333.61 of the Revised 1,024
Code, and "telecommunications . service" and "information 1,025
service" have the same meanings as in section 2913.01 of the 1,027
Revised Code.
25
(c) As used in divisions (A)(10) and (13) of this section, 1,030
"cable television service," "computer," "computer software," 1,031
"computer system," "computer network," "data," and 1,032
"telecommunications device" have the same meanings as in section 1,033
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 1,035
(a) A sheriff, deputy sheriff, constable, police officer 1,037
of a township or joint township police district, marshal, deputy 1,038
marshal, municipal police officer, member of a police force 1,039
employed by a metropolitan housing authority under division (D) 1,040
of section 3735.31 of the Revised Code, or state highway patrol 1,041
trooper; 1,042
(b) An officer, agent, or employee of the state or any of 1,044
its agencies, instrumentalities, or political subdivisions, upon 1,045
whom, by statute, a duty to conserve the peace or to enforce all 1,046
or certain laws is imposed and the authority to arrest violators 1,047
is conferred, within the limits of that statutory duty and 1,048
authority; 1,049
(c) A mayor, in the mayor's capacity as chief conservator 1,051
of the peace within the mayor's municipal corporation; 1,052
(d) A member of an auxiliary police force organized by 1,054
county, township, or municipal law enforcement authorities, 1,055
within the scope of the member's appointment or commission; 1,056
(e) A person lawfully called pursuant to section 311.07 of 1,058
the Revised Code to aid a sheriff in keeping the peace, for the 1,059
purposes and during the time when the person is called; 1,060
(f) A person appointed by a mayor pursuant to section 1,062
737.01 of the Revised Code as a special patrolling officer during 1,064
riot or emergency, for the purposes and during the time when the 1,065
person is appointed;
(g) A member of the organized militia of this state or the 1,067
armed forces of the United States, lawfully called to duty to aid 1,068
civil authorities in keeping the peace or protect against 1,069
domestic violence; 1,070
26
(h) A prosecuting attorney, assistant prosecuting 1,072
attorney, secret service officer, or municipal prosecutor; 1,073
(i) An Ohio veterans' home police officer appointed under 1,075
section 5907.02 of the Revised Code; 1,076
(j) A member of a police force employed by a regional 1,078
transit authority under division (Y) of section 306.35 of the 1,079
Revised Code; 1,080
(k) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 1,082
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 1,083
(12) "Privilege" means an immunity, license, or right 1,085
conferred by law, bestowed by express or implied grant, arising 1,087
out of status, position, office, or relationship, or growing out 1,088
of necessity.
(13) "Contraband" means any property described in the 1,090
following categories: 1,091
(a) Property that in and of itself is unlawful for a 1,093
person to acquire or possess; 1,094
(b) Property that is not in and of itself unlawful for a 1,096
person to acquire or possess, but that has been determined by a 1,097
court of this state, in accordance with law, to be contraband 1,098
because of its use in an unlawful activity or manner, of its 1,099
nature, or of the circumstances of the person who acquires or 1,100
possesses it, including, but not limited to, goods and personal 1,101
property described in division (D) of section 2913.34 of the 1,102
Revised Code;
(c) Property that is specifically stated to be contraband 1,104
by a section of the Revised Code or by an ordinance, regulation, 1,105
or resolution; 1,106
(d) Property that is forfeitable pursuant to a section of 1,108
the Revised Code, or an ordinance, regulation, or resolution, 1,109
including, but not limited to, forfeitable firearms, dangerous 1,110
ordnance, obscene materials, and goods and personal property 1,112
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 1,114
27
3719.01 of the Revised Code, or any device, paraphernalia, money 1,115
as defined in section 1301.01 of the Revised Code, or other means 1,116
of exchange that has been, is being, or is intended to be used in 1,117
an attempt or conspiracy to violate, or in a violation of, 1,118
Chapter 2925. or 3719. of the Revised Code; 1,119
(f) Any gambling device, paraphernalia, money as defined 1,121
in section 1301.01 of the Revised Code, or other means of 1,122
exchange that has been, is being, or is intended to be used in an 1,123
attempt or conspiracy to violate, or in the violation of, Chapter 1,124
2915. of the Revised Code; 1,125
(g) Any equipment, machine, device, apparatus, vehicle, 1,127
vessel, container, liquid, or substance that has been, is being, 1,128
or is intended to be used in an attempt or conspiracy to violate, 1,129
or in the violation of, any law of this state relating to alcohol 1,130
or tobacco; 1,131
(h) Any personal property that has been, is being, or is 1,133
intended to be used in an attempt or conspiracy to commit, or in 1,134
the commission of, any offense or in the transportation of the 1,135
fruits of any offense; 1,136
(i) Any property that is acquired through the sale or 1,138
other transfer of contraband or through the proceeds of 1,139
contraband, other than by a court or a law enforcement agency 1,140
acting within the scope of its duties; 1,141
(j) Any computer, computer system, computer network, 1,143
computer software, or other telecommunications device that is 1,144
used in a conspiracy to commit, an attempt to commit, or the 1,146
commission of any offense, if the owner of the computer, computer 1,147
system, computer network, computer software, or other 1,148
telecommunications device is convicted of or pleads guilty to the 1,149
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 1,151
relative to a charge of an offense only if the person proves, in 1,152
the manner specified in section 2901.05 of the Revised Code, that 1,153
at the time of the commission of the offense, the person did not 1,154
28
know, as a result of a severe mental disease or defect, the 1,155
wrongfulness of the person's acts. 1,156
(B)(1)(a) Subject to division (B)(2) of this section, as 1,159
used in any section contained in Title XXIX of the Revised Code 1,160
that sets forth a criminal offense, "person" includes all of the 1,161
following:
(i) An individual, corporation, business trust, estate, 1,163
trust, partnership, and association; 1,164
(ii) An unborn human who is viable. 1,166
(b) As used in any section contained in Title XXIX of the 1,169
Revised Code that does not set forth a criminal offense, "person" 1,170
includes an individual, corporation, business trust, estate, 1,171
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 1,173
(i) "Unborn human" means an individual organism of the 1,175
species homo sapiens from fertilization until live birth. 1,176
(ii) "Viable" means the stage of development of a human 1,179
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 1,180
temporary artificial life-sustaining support. 1,181
(2) Notwithstanding division (B)(1)(a) of this section, in 1,183
no case shall the portion of the definition of the term "person" 1,184
that is set forth in division (B)(1)(a)(ii) of this section be 1,185
applied or construed in any section contained in Title XXIX of 1,186
the Revised Code that sets forth a criminal offense in any of the 1,187
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 1,189
this section, in a manner so that the offense prohibits or is 1,190
construed as prohibiting any pregnant woman or her physician from 1,191
performing an abortion with the consent of the pregnant woman, 1,192
with the consent of the pregnant woman implied by law in a 1,193
medical emergency, or with the approval of one otherwise 1,194
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 1,195
29
described in the immediately preceding sentence may be punished 1,196
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 1,197
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 1,198
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 1,199
An abortion that does not violate the conditions described in the 1,200
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 1,201
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 1,202
as a violation of section 2919.12, division (B) of section 1,203
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 1,204
Code, as applicable. Consent is sufficient under this division 1,205
if it is of the type otherwise adequate to permit medical 1,206
treatment to the pregnant woman, even if it does not comply with 1,207
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 1,210
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 1,211
results in any of the following: 1,212
(i) Her delivery of a stillborn baby; 1,214
(ii) Her causing, in any other manner, the death in utero 1,217
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 1,220
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 1,221
(iv) Her causing her child who is born alive to sustain 1,224
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 1,227
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 1,228
or a mental illness or condition, regardless of its duration or 1,229
gravity, to a viable, unborn human that she is carrying. 1,230
Sec. 2921.51. (A) As used in this section: 1,239
(1) "Peace officer" means a sheriff, deputy sheriff, 1,241
marshal, deputy marshal, member of the organized police 1,242
30
department of a municipal corporation, or township constable, who 1,243
is employed by a political subdivision of this state, a member of 1,244
a police force employed by a metropolitan housing authority under 1,245
division (D) of section 3735.31 of the Revised Code, a member of 1,247
a police force employed by a regional transit authority under
division (Y) of section 306.35 of the Revised Code, a state 1,248
university law enforcement officer appointed under section 1,249
3345.04 of the Revised Code, an Ohio veterans' home policeman 1,250
POLICE OFFICER appointed under section 5907.02 of the Revised 1,251
Code, A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER 1,252
SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, or a state 1,253
highway patrol trooper and whose primary duties are to preserve 1,254
the peace, to protect life and property, and to enforce the laws, 1,255
ordinances, or rules of the state or any of its political 1,256
subdivisions. 1,257
(2) "Private policeman POLICE OFFICER" means any security 1,259
guard, special policeman POLICE OFFICER, private detective, or 1,261
other person who is privately employed in a police capacity. 1,263
(3) "Impersonate" means to act the part of, assume the 1,265
identity of, wear the uniform or any part of the uniform of, or 1,266
display the identification of a particular person or of a member 1,267
of a class of persons with purpose to make another person believe 1,268
that the actor is that particular person or is a member of that 1,269
class of persons. 1,270
(B) No person shall impersonate a peace officer or a 1,272
private policeman POLICE OFFICER. 1,273
(C) No person, by impersonating a peace officer or a 1,275
private policeman POLICE OFFICER, shall arrest or detain any 1,276
person, search any person, or search the property of any person. 1,277
(D) No person, with purpose to commit or facilitate the 1,279
commission of an offense, shall impersonate a peace officer, a 1,280
private policeman POLICE OFFICER, or an officer, agent, or 1,281
employee of the state. 1,282
(E) No person shall commit a felony while impersonating a 1,284
31
peace officer, a private policeman POLICE OFFICER, or an officer, 1,285
agent, or employee of the state. 1,286
(F) It is an affirmative defense to a charge under 1,288
division (B) of this section that the impersonation of the peace 1,289
officer was for a lawful purpose. 1,290
(G) Whoever violates division (B) of this section is 1,292
guilty of a misdemeanor of the fourth degree. Whoever violates 1,293
division (C) or (D) of this section is guilty of a misdemeanor of 1,294
the first degree. If the purpose of a violation of division (D) 1,295
of this section is to commit or facilitate the commission of a 1,296
felony, a violation of division (D) is a felony of the fourth 1,298
degree. Whoever violates division (E) of this section is guilty
of a felony of the third degree. 1,299
Sec. 2935.01. As used in this chapter: 1,308
(A) "Magistrate" has the same meaning as in section 1,310
2931.01 of the Revised Code. 1,311
(B) "Peace officer" includes, except as provided in 1,313
section 2935.081 of the Revised Code, a sheriff; deputy sheriff; 1,315
marshal; deputy marshal; member of the organized police 1,317
department of any municipal corporation, including a member of 1,318
the organized police department of a municipal corporation in an 1,319
adjoining state serving in Ohio under a contract pursuant to 1,320
section 737.04 of the Revised Code; member of a police force 1,321
employed by a metropolitan housing authority under division (D) 1,322
of section 3735.31 of the Revised Code; member of a police force 1,324
employed by a regional transit authority under division (Y) of 1,325
section 306.05 of the Revised Code; state university law 1,326
enforcement officer appointed under section 3345.04 of the 1,327
Revised Code; liquor control investigator or food stamp 1,328
trafficking agent of the department of public safety; employee of 1,330
the department of natural resources who is a natural resources 1,331
law enforcement staff officer designated pursuant to section 1,332
1501.013 of the Revised Code, a forest officer designated
pursuant to section 1503.29 of the Revised Code, a preserve 1,334
32
officer designated pursuant to section 1517.10 of the Revised 1,335
Code, a wildlife officer designated pursuant to section 1531.13 1,336
of the Revised Code, a park officer designated pursuant to
section 1541.10 of the Revised Code, or a state watercraft 1,339
officer designated pursuant to section 1547.521 of the Revised 1,340
Code; individual designated to perform law enforcement duties 1,341
under section 511.232, 1545.13, or 6101.75 of the Revised Code; 1,342
Ohio veterans' home police officer appointed under section 1,344
5907.02 of the Revised Code; SPECIAL POLICE OFFICER EMPLOYED BY A 1,345
PORT AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED 1,346
CODE; police constable of any township; and police officer of a 1,348
township or joint township police district; and, for the purpose 1,349
of arrests within those areas, and for the purposes of Chapter 1,350
5503. of the Revised Code, and the filing of and service of 1,351
process relating to those offenses witnessed or investigated by 1,352
them, includes the superintendent and troopers of the state 1,353
highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney 1,355
and any assistant prosecutor designated to assist the county 1,356
prosecuting attorney, and, in the case of courts inferior to 1,358
courts of common pleas, includes the village solicitor, city 1,359
director of law, or similar chief legal officer of a municipal 1,360
corporation, any such officer's assistants, or any attorney 1,361
designated by the prosecuting attorney of the county to appear 1,363
for the prosecution of a given case.
(D) "Offense," except where the context specifically 1,365
indicates otherwise, includes felonies, misdemeanors, and 1,366
violations of ordinances of municipal corporations and other 1,367
public bodies authorized by law to adopt penal regulations. 1,368
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, 1,378
deputy marshal, municipal police officer, township constable, 1,379
police officer of a township or joint township police district, 1,380
member of a police force employed by a metropolitan housing 1,381
authority under division (D) of section 3735.31 of the Revised 1,382
33
Code, member of a police force employed by a regional transit 1,383
authority under division (Y) of section 306.35 of the Revised 1,384
Code, state university law enforcement officer appointed under 1,386
section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised 1,387
Code, OR SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 1,388
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE shall arrest 1,390
and detain, until a warrant can be obtained, a person found 1,391
violating, within the limits of the political subdivision, 1,392
metropolitan housing authority housing project, regional transit 1,393
authority facilities or areas of a municipal corporation that
have been agreed to by a regional transit authority and a 1,394
municipal corporation located within its territorial 1,395
jurisdiction, college, university, or Ohio veterans' home, OR 1,397
PORT AUTHORITY in which the peace officer is appointed, employed, 1,399
or elected, a law of this state, an ordinance of a municipal 1,400
corporation, or a resolution of a township. 1,401
(2) A peace officer of the department of natural resources 1,404
or an individual designated to perform law enforcement duties 1,405
under section 511.232, 1545.13, or 6101.75 of the Revised Code 1,407
shall arrest and detain, until a warrant can be obtained, a 1,408
person found violating, within the limits of the peace officer's 1,409
or individual's territorial jurisdiction, a law of this state. 1,410
(B)(1) When there is reasonable ground to believe that an 1,412
offense of violence, the offense of criminal child enticement as 1,413
defined in section 2905.05 of the Revised Code, the offense of 1,414
public indecency as defined in section 2907.09 of the Revised 1,415
Code, the offense of domestic violence as defined in section 1,416
2919.25 of the Revised Code, the offense of violating a 1,417
protection order as defined in section 2919.27 of the Revised 1,418
Code, the offense of menacing by stalking as defined in section 1,420
2903.211 of the Revised Code, the offense of aggravated trespass 1,421
as defined in section 2911.211 of the Revised Code, a theft 1,422
offense as defined in section 2913.01 of the Revised Code, or a 1,423
34
felony drug abuse offense as defined in section 2925.01 of the 1,424
Revised Code, has been committed within the limits of the 1,425
political subdivision, metropolitan housing authority housing 1,426
project, regional transit authority facilities or those areas of 1,428
a municipal corporation that have been agreed to by a regional 1,430
transit authority and a municipal corporation located within its 1,431
territorial jurisdiction, college, university, or Ohio veterans' 1,432
home, OR PORT AUTHORITY in which the peace officer is appointed, 1,433
employed, or elected or within the limits of the territorial 1,434
jurisdiction of the peace officer, a peace officer described in 1,435
division (A) of this section may arrest and detain until a 1,436
warrant can be obtained any person who the peace officer has 1,438
reasonable cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the 1,440
execution of any of the following constitutes reasonable ground 1,441
to believe that the offense alleged in the statement was 1,442
committed and reasonable cause to believe that the person alleged 1,443
in the statement to have committed the offense is guilty of the 1,444
violation: 1,445
(a) A written statement by a person alleging that an 1,447
alleged offender has committed the offense of menacing by 1,448
stalking or aggravated trespass; 1,449
(b) A written statement by the administrator of the 1,451
interstate compact on mental health appointed under section 1,452
5119.51 of the Revised Code alleging that a person who had been 1,453
hospitalized, institutionalized, or confined in any facility 1,454
under an order made pursuant to or under authority of section 1,455
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 1,457
2945.402 of the Revised Code has escaped from the facility, from 1,458
confinement in a vehicle for transportation to or from the 1,459
facility, or from supervision by an employee of the facility that 1,460
is incidental to hospitalization, institutionalization, or 1,461
confinement in the facility and that occurs outside of the 1,462
facility, in violation of section 2921.34 of the Revised Code; 1,463
35
(c) A written statement by the administrator of any 1,466
facility in which a person has been hospitalized, 1,467
institutionalized, or confined under an order made pursuant to or 1,468
under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 1,469
2945.40, 2945.401, or 2945.402 of the Revised Code alleging that 1,470
the person has escaped from the facility, from confinement in a 1,471
vehicle for transportation to or from the facility, or from 1,472
supervision by an employee of the facility that is incidental to 1,473
hospitalization, institutionalization, or confinement in the 1,474
facility and that occurs outside of the facility, in violation of 1,475
section 2921.34 of the Revised Code. 1,476
(3)(a) For purposes of division (B)(1) of this section, a 1,479
peace officer described in division (A) of this section has 1,480
reasonable grounds to believe that the offense of domestic 1,481
violence or the offense of violating a protection order has been 1,482
committed and reasonable cause to believe that a particular 1,484
person is guilty of committing the offense if any of the 1,485
following occurs:
(i) A person executes a written statement alleging that 1,488
the person in question has committed the offense of domestic 1,489
violence or the offense of violating a protection order against 1,490
the person who executes the statement or against a child of the 1,491
person who executes the statement. 1,492
(ii) No written statement of the type described in 1,495
division (B)(3)(a)(i) of this section is executed, but the peace 1,496
officer, based upon the peace officer's own knowledge and 1,497
observation of the facts and circumstances of the alleged 1,498
incident of the offense of domestic violence or the alleged 1,499
incident of the offense of violating a protection order or based 1,500
upon any other information, including, but not limited to, any 1,501
reasonably trustworthy information given to the peace officer by 1,502
the alleged victim of the alleged incident of the offense or any 1,503
witness of the alleged incident of the offense, concludes that 1,504
there are reasonable grounds to believe that the offense of 1,505
36
domestic violence or the offense of violating a protection order 1,506
has been committed and reasonable cause to believe that the 1,507
person in question is guilty of committing the offense. 1,508
(iii) No written statement of the type described in 1,511
division (B)(3)(a)(i) of this section is executed, but the peace 1,512
officer witnessed the person in question commit the offense of 1,513
domestic violence or the offense of violating a protection order. 1,514
(b) If pursuant to division (B)(3)(a) of this section a 1,517
peace officer has reasonable grounds to believe that the offense 1,518
of domestic violence or the offense of violating a protection 1,519
order has been committed and reasonable cause to believe that a 1,521
particular person is guilty of committing the offense, it is the 1,522
preferred course of action in this state that the officer arrest 1,523
and detain that person pursuant to division (B)(1) of this 1,524
section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace 1,527
officer has reasonable grounds to believe that the offense of 1,528
domestic violence or the offense of violating a protection order 1,529
has been committed and reasonable cause to believe that family or 1,530
household members have committed the offense against each other, 1,531
it is the preferred course of action in this state that the 1,532
officer, pursuant to division (B)(1) of this section, arrest and 1,534
detain until a warrant can be obtained the family or household 1,535
member who committed the offense and whom the officer has 1,536
reasonable cause to believe is the primary physical aggressor. 1,537
There is no preferred course of action in this state regarding 1,538
any other family or household member who committed the offense 1,539
and whom the officer does not have reasonable cause to believe is 1,540
the primary physical aggressor, but, pursuant to division (B)(1) 1,541
of this section, the peace officer may arrest and detain until a 1,542
warrant can be obtained any other family or household member who 1,543
committed the offense and whom the officer does not have 1,544
reasonable cause to believe is the primary physical aggressor. 1,545
(c) If a peace officer described in division (A) of this 1,548
37
section does not arrest and detain a person whom the officer has 1,549
reasonable cause to believe committed the offense of domestic 1,550
violence or the offense of violating a protection order when it 1,551
is the preferred course of action in this state pursuant to 1,552
division (B)(3)(b) of this section that the officer arrest that 1,554
person, the officer shall articulate in the written report of the 1,555
incident required by section 2935.032 of the Revised Code a clear 1,556
statement of the officer's reasons for not arresting and 1,557
detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (B)(3)(b) of 1,560
this section which family or household member is the primary 1,561
physical aggressor in a situation in which family or household 1,562
members have committed the offense of domestic violence or the 1,563
offense of violating a protection order against each other, a 1,564
peace officer described in division (A) of this section, in 1,565
addition to any other relevant circumstances, should consider all 1,566
of the following: 1,567
(i) Any history of domestic violence or of any other 1,570
violent acts by either person involved in the alleged offense 1,571
that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence 1,574
was caused by a person acting in self-defense; 1,575
(iii) Each person's fear of physical harm, if any, 1,578
resulting from the other person's threatened use of force against 1,579
any person or resulting from the other person's use or history of 1,580
the use of force against any person, and the reasonableness of 1,581
that fear;
(iv) The comparative severity of any injuries suffered by 1,584
the persons involved in the alleged offense.
(e)(i) A peace officer described in division (A) of this 1,587
section shall not require, as a prerequisite to arresting or 1,588
charging a person who has committed the offense of domestic 1,589
violence or the offense of violating a protection order, that the 1,590
victim of the offense specifically consent to the filing of 1,591
38
charges against the person who has committed the offense or sign 1,592
a complaint against the person who has committed the offense. 1,593
(ii) If a person is arrested for or charged with 1,596
committing the offense of domestic violence or the offense of 1,597
violating a protection order and if the victim of the offense 1,598
does not cooperate with the involved law enforcement or 1,599
prosecuting authorities in the prosecution of the offense or, 1,600
subsequent to the arrest or the filing of the charges, informs 1,601
the involved law enforcement or prosecuting authorities that the 1,602
victim does not wish the prosecution of the offense to continue 1,603
or wishes to drop charges against the alleged offender relative 1,604
to the offense, the involved prosecuting authorities, in 1,605
determining whether to continue with the prosecution of the 1,606
offense or whether to dismiss charges against the alleged 1,607
offender relative to the offense and notwithstanding the victim's 1,608
failure to cooperate or the victim's wishes, shall consider all 1,609
facts and circumstances that are relevant to the offense, 1,610
including, but not limited to, the statements and observations of 1,611
the peace officers who responded to the incident that resulted in 1,612
the arrest or filing of the charges and of all witnesses to that 1,613
incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) 1,615
of this section whether to arrest a person pursuant to division 1,616
(B)(1) of this section, a peace officer described in division (A) 1,618
of this section shall not consider as a factor any possible 1,619
shortage of cell space at the detention facility to which the 1,620
person will be taken subsequent to the person's arrest or any 1,621
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any 1,622
other detention facility. 1,623
(g) If a peace officer described in division (A) of this 1,626
section intends pursuant to divisions (B)(3)(a) to (g) of this 1,628
section to arrest a person pursuant to division (B)(1) of this 1,629
section and if the officer is unable to do so because the person 1,631
39
is not present, the officer promptly shall seek a warrant for the 1,632
arrest of the person.
(h) If a peace officer described in division (A) of this 1,635
section responds to a report of an alleged incident of the 1,636
offense of domestic violence or an alleged incident of the 1,637
offense of violating a protection order and if the circumstances 1,638
of the incident involved the use or threatened use of a deadly 1,640
weapon or any person involved in the incident brandished a deadly 1,641
weapon during or in relation to the incident, the deadly weapon 1,642
that was used, threatened to be used, or brandished constitutes 1,643
contraband, and, to the extent possible, the officer shall seize 1,644
the deadly weapon as contraband pursuant to section 2933.43 of 1,645
the Revised Code. Upon the seizure of a deadly weapon pursuant 1,646
to division (B)(3)(h) of this section, section 2933.43 of the 1,648
Revised Code shall apply regarding the treatment and disposition 1,649
of the deadly weapon. For purposes of that section, the 1,650
"underlying criminal offense" that was the basis of the seizure 1,652
of a deadly weapon under division (B)(3)(h) of this section and 1,653
to which the deadly weapon had a relationship is any of the 1,654
following that is applicable: 1,655
(i) The alleged incident of the offense of domestic 1,658
violence or the alleged incident of the offense of violating a 1,659
protection order to which the officer who seized the deadly 1,660
weapon responded;
(ii) Any offense that arose out of the same facts and 1,663
circumstances as the report of the alleged incident of the 1,664
offense of domestic violence or the alleged incident of the
offense of violating a protection order to which the officer who 1,666
seized the deadly weapon responded.
(4) If, in the circumstances described in divisions 1,668
(B)(3)(a) to (g) of this section, a peace officer described in 1,669
division (A) of this section arrests and detains a person 1,670
pursuant to division (B)(1) of this section, or if, pursuant to 1,672
division (B)(3)(h) of this section, a peace officer described in 1,673
40
division (A) of this section seizes a deadly weapon, the officer, 1,674
to the extent described in and in accordance with section 9.86 or 1,675
2744.03 of the Revised Code, is immune in any civil action for 1,677
damages for injury, death, or loss to person or property that
arises from or is related to the arrest and detention or the 1,678
seizure. 1,679
(C) When there is reasonable ground to believe that a 1,681
violation of division (A), (B), or (C) of section 4506.15 or a 1,682
violation of section 4511.19 of the Revised Code has been 1,683
committed by a person operating a motor vehicle subject to 1,684
regulation by the public utilities commission of Ohio under Title 1,685
XLIX of the Revised Code, a peace officer with authority to 1,686
enforce that provision of law may stop or detain the person whom 1,687
the officer has reasonable cause to believe was operating the 1,688
motor vehicle in violation of the division or section and, after 1,689
investigating the circumstances surrounding the operation of the 1,690
vehicle, may arrest and detain the person. 1,691
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, 1,693
municipal police officer, member of a police force employed by a 1,694
metropolitan housing authority under division (D) of section 1,695
3735.31 of the Revised Code, member of a police force employed by 1,696
a regional transit authority under division (Y) of section 306.35 1,697
of the Revised Code, SPECIAL POLICE OFFICER EMPLOYED BY A PORT 1,698
AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, 1,699
township constable, police officer of a township or joint 1,700
township police district, state university law enforcement 1,701
officer appointed under section 3345.04 of the Revised Code, 1,702
peace officer of the department of natural resources, or 1,703
individual designated to perform law enforcement duties under
section 511.232, 1545.13, or 6101.75 of the Revised Code is 1,704
authorized by division (A) or (B) of this section to arrest and 1,707
detain, within the limits of the political subdivision, 1,708
metropolitan housing authority housing project, regional transit 1,709
authority facilities or those areas of a municipal corporation 1,710
41
that have been agreed to by a regional transit authority and a
municipal corporation located within its territorial 1,711
jurisdiction, PORT AUTHORITY, college, or university in which the 1,712
officer is appointed, employed, or elected or within the limits 1,714
of the territorial jurisdiction of the peace officer, a person 1,715
until a warrant can be obtained, the peace officer, outside the 1,716
limits of that territory, may pursue, arrest, and detain that 1,717
person until a warrant can be obtained if all of the following 1,719
apply:
(1) The pursuit takes place without unreasonable delay 1,721
after the offense is committed; 1,722
(2) The pursuit is initiated within the limits of the 1,724
political subdivision, metropolitan housing authority housing 1,725
project, regional transit authority facilities or those areas of 1,726
a municipal corporation that have been agreed to by a regional 1,727
transit authority and a municipal corporation located within its 1,728
territorial jurisdiction, PORT AUTHORITY, college, or university 1,729
in which the peace officer is appointed, employed, or elected or 1,731
within the limits of the territorial jurisdiction of the peace 1,732
officer;
(3) The offense involved is a felony, a misdemeanor of the 1,734
first degree or a substantially equivalent municipal ordinance, a 1,735
misdemeanor of the second degree or a substantially equivalent 1,736
municipal ordinance, or any offense for which points are 1,737
chargeable pursuant to division (G) of section 4507.021 of the 1,738
Revised Code. 1,739
(E) In addition to the authority granted under division 1,741
(A) or (B) of this section: 1,742
(1) A sheriff or deputy sheriff may arrest and detain, 1,744
until a warrant can be obtained, any person found violating 1,745
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 1,746
4549.12, section 4549.62, or Chapter 4511. or 4513. of the 1,747
Revised Code on the portion of any street or highway that is 1,748
located immediately adjacent to the boundaries of the county in 1,749
42
which the sheriff or deputy sheriff is elected or appointed. 1,750
(2) A member of the police force of a township police 1,752
district created under section 505.48 of the Revised Code, a 1,753
member of the police force of a joint township police district 1,754
created under section 505.481 of the Revised Code, or a township 1,756
constable appointed in accordance with section 509.01 of the 1,757
Revised Code, who has received a certificate from the Ohio peace 1,758
officer training commission under section 109.75 of the Revised 1,759
Code, may arrest and detain, until a warrant can be obtained, any 1,760
person found violating any section or chapter of the Revised Code 1,761
listed in division (E)(1) of this section, other than sections 1,762
4513.33 and 4513.34 of the Revised Code, on the portion of any 1,763
street or highway that is located immediately adjacent to the 1,764
boundaries of the township police district or joint township 1,765
police district, in the case of a member of a township police 1,766
district or joint township police district police force, or the 1,767
unincorporated territory of the township, in the case of a 1,768
township constable. However, if the population of the township 1,769
that created the township police district served by the member's 1,770
police force, or the townships that created the joint township 1,771
police district served by the member's police force, or the 1,772
township that is served by the township constable, is sixty 1,773
thousand or less, the member of the township police district or 1,774
joint police district police force or the township constable may 1,775
not make an arrest under division (E)(2) of this section on a 1,777
state highway that is included as part of the interstate system. 1,778
(3) A police officer or village marshal appointed, 1,780
elected, or employed by a municipal corporation may arrest and 1,781
detain, until a warrant can be obtained, any person found 1,782
violating any section or chapter of the Revised Code listed in 1,783
division (E)(1) of this section on the portion of any street or 1,784
highway that is located immediately adjacent to the boundaries of 1,785
the municipal corporation in which the police officer or village 1,786
marshal is appointed, elected, or employed. 1,787
43
(4) A peace officer of the department of natural resources 1,790
or an individual designated to perform law enforcement duties 1,791
under section 511.232, 1545.13, or 6101.75 of the Revised Code 1,793
may arrest and detain, until a warrant can be obtained, any 1,794
person found violating any section or chapter of the Revised Code 1,796
listed in division (E)(1) of this section, other than sections 1,798
4513.33 and 4513.34 of the Revised Code, on the portion of any 1,800
street or highway that is located immediately adjacent to the 1,801
boundaries of the lands and waters that constitute the 1,802
territorial jurisdiction of the peace officer. 1,803
(F)(1) A department of mental health special police 1,805
officer or a department of mental retardation and developmental 1,806
disabilities special police officer may arrest without a warrant 1,807
and detain until a warrant can be obtained any person found 1,808
committing on the premises of any institution under the 1,809
jurisdiction of the particular department a misdemeanor under a 1,810
law of the state.
A department of mental health special police officer or a 1,812
department of mental retardation and developmental disabilities 1,813
special police officer may arrest without a warrant and detain 1,814
until a warrant can be obtained any person who has been 1,815
hospitalized, institutionalized, or confined in an institution 1,816
under the jurisdiction of the particular department pursuant to 1,817
or under authority of section 2945.37, 2945.371, 2945.38, 1,818
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and 1,820
who is found committing on the premises of any institution under 1,821
the jurisdiction of the particular department a violation of 1,822
section 2921.34 of the Revised Code that involves an escape from 1,823
the premises of the institution. 1,824
(2)(a) If a department of mental health special police 1,826
officer or a department of mental retardation and developmental 1,827
disabilities special police officer finds any person who has been 1,828
hospitalized, institutionalized, or confined in an institution 1,829
under the jurisdiction of the particular department pursuant to 1,830
44
or under authority of section 2945.37, 2945.371, 2945.38, 1,831
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code 1,833
committing a violation of section 2921.34 of the Revised Code 1,834
that involves an escape from the premises of the institution, or 1,835
if there is reasonable ground to believe that a violation of 1,836
section 2921.34 of the Revised Code has been committed that 1,837
involves an escape from the premises of an institution under the 1,838
jurisdiction of the department of mental health or the department 1,839
of mental retardation and developmental disabilities and if a 1,840
department of mental health special police officer or a 1,841
department of mental retardation and developmental disabilities 1,842
special police officer has reasonable cause to believe that a 1,843
particular person who has been hospitalized, institutionalized, 1,844
or confined in the institution pursuant to or under authority of 1,845
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 1,846
or 2945.402 of the Revised Code is guilty of the violation, the 1,847
special police officer, outside of the premises of the 1,848
institution, may pursue, arrest, and detain that person for that 1,849
violation of section 2921.34 of the Revised Code, until a warrant 1,850
can be obtained, if both of the following apply: 1,851
(i) The pursuit takes place without unreasonable delay 1,853
after the offense is committed; 1,854
(ii) The pursuit is initiated within the premises of the 1,856
institution from which the violation of section 2921.34 of the 1,857
Revised Code occurred. 1,858
(b) For purposes of division (F)(2)(a) of this section, 1,860
the execution of a written statement by the administrator of the 1,861
institution in which a person had been hospitalized, 1,862
institutionalized, or confined pursuant to or under authority of 1,863
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 1,865
or 2945.402 of the Revised Code alleging that the person has 1,866
escaped from the premises of the institution in violation of 1,867
section 2921.34 of the Revised Code constitutes reasonable ground 1,868
to believe that the violation was committed and reasonable cause 1,869
45
to believe that the person alleged in the statement to have 1,870
committed the offense is guilty of the violation. 1,871
(G) As used in this section: 1,873
(1) A "department of mental health special police officer" 1,875
means a special police officer of the department of mental health 1,876
designated under section 5119.14 of the Revised Code who is 1,877
certified by the Ohio peace officer training commission under 1,878
section 109.77 of the Revised Code as having successfully 1,879
completed an approved peace officer basic training program. 1,880
(2) A "department of mental retardation and developmental 1,882
disabilities special police officer" means a special police 1,884
officer of the department of mental retardation and developmental 1,885
disabilities designated under section 5123.13 of the Revised Code 1,886
who is certified by the Ohio peace officer training council under 1,887
section 109.77 of the Revised Code as having successfully 1,888
completed an approved peace officer basic training program. 1,889
(3) "Deadly weapon" has the same meaning as in section 1,891
2923.11 of the Revised Code. 1,892
(4) "Family or household member" has the same meaning as 1,894
in section 2919.25 of the Revised Code. 1,895
(5) "Street" or "highway" has the same meaning as in 1,897
section 4511.01 of the Revised Code. 1,898
(6) "Interstate system" has the same meaning as in section 1,900
5516.01 of the Revised Code. 1,901
(7) "Peace officer of the department of natural resources" 1,904
means an employee of the department of natural resources who is a 1,906
natural resources law enforcement staff officer designated
pursuant to section 1501.013, a forest officer designated 1,907
pursuant to section 1503.29, a preserve officer designated 1,908
pursuant to section 1517.10, a wildlife officer designated 1,909
pursuant to section 1531.13, a park officer designated pursuant 1,910
to section 1541.10, or a state watercraft officer designated 1,912
pursuant to section 1547.521 of the Revised Code. 1,913
Sec. 4582.01. As used in sections 4582.02 to 4582.20 of 1,924
46
the Revised Code: 1,925
(A) "Port authority" means a port authority BODY CORPORATE 1,927
AND POLITIC created pursuant to THE authority of section 4582.02 1,929
of the Revised Code.
(B) "Submerged lands" means the lands presently underlying 1,931
the waters of Lake Erie or formerly underlying the waters of Lake 1,932
Erie and now artificially filled between the natural shoreline 1,933
and the harbor line or the line of commercial navigation where no 1,934
harbor line has been established. 1,935
(C) "Uplands" means lands contiguous to or fronting upon 1,937
any submerged lands in this state. 1,938
(D) "Publication" means publication once a week on the 1,940
same day of the week for three consecutive weeks in a newspaper 1,941
of general circulation in the county or counties wherein such 1,942
publication is required to be made. Publication shall be 1,943
complete on the date of the last publication. 1,944
(E) "Aviation facilities" means aircraft and any 1,946
facilities used, available for use, or designed for use for the 1,947
safe navigation, landing or taking off of aircraft; for the 1,948
safety, storage, maintenance and repair of aircraft; for the 1,949
comfort and accommodations of the users of air transportation, 1,950
including persons, cargo, mail, and other property, and for the 1,951
safe and efficient operation and maintenance of airports and any 1,952
care of such facilities. 1,953
(F) "Authorized purposes" or "purpose" means either of the 1,955
following: 1,956
(1) Activities which increase THAT ENHANCE, foster, aid, 1,958
PROVIDE, or promote air or water transportation, economic 1,959
development, or residential facilities HOUSING, RECREATION, 1,960
EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR RESEARCH within 1,961
the jurisdiction of the port authority; 1,962
(2) Activities consistent with section AUTHORIZED BY 1,965
SECTIONS 13 AND 16 of article ARTICLE VIII, Ohio Constitution. 1,966
(G)(C) "COST," AS APPLIED TO A PORT AUTHORITY FACILITY, 1,968
47
MEANS THE COST OF ACQUISITION OR CONSTRUCTION OF THE FACILITY, 1,969
AND THE COST OF ACQUISITION OF ALL LAND, RIGHTS-OF-WAY, PROPERTY 1,970
RIGHTS, EASEMENTS, FRANCHISE RIGHTS, AND INTERESTS REQUIRED FOR 1,971
THAT ACQUISITION OR CONSTRUCTION, THE COST OF DEMOLISHING OR 1,972
REMOVING ANY BUILDINGS OR STRUCTURES ON LAND SO ACQUIRED, 1,973
INCLUDING THE COST OF ACQUIRING ANY LANDS TO WHICH THOSE 1,974
BUILDINGS OR STRUCTURES MAY BE MOVED, THE COST OF ACQUIRING OR 1,975
CONSTRUCTING AND EQUIPPING A PRINCIPAL OFFICE OF THE PORT 1,976
AUTHORITY, THE COST OF DIVERTING HIGHWAYS, INTERCHANGE OF 1,977
HIGHWAYS AND ACCESS ROADS TO PRIVATE PROPERTY, INCLUDING THE COST 1,979
OF LAND OR EASEMENTS FOR THE ACCESS ROADS, THE COST OF PUBLIC 1,980
UTILITY AND COMMON CARRIER RELOCATION OR DUPLICATION, THE COST OF 1,981
ALL MACHINERY, FURNISHINGS, AND EQUIPMENT, FINANCING CHARGES, 1,982
INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR NO MORE THAN 1,983
EIGHTEEN MONTHS AFTER THE COMPLETION OF CONSTRUCTION,
ENGINEERING, EXPENSES OF RESEARCH AND DEVELOPMENT WITH RESPECT TO 1,985
PORT AUTHORITY FACILITIES, LEGAL EXPENSES, PLANS, SPECIFICATIONS, 1,986
SURVEYS, STUDIES, ESTIMATES OF COST AND REVENUES, OTHER EXPENSES 1,987
NECESSARY OR INCIDENT TO DETERMINING THE FEASIBILITY OR 1,988
PRACTICABILITY OF ACQUIRING OR CONSTRUCTING THE FACILITY, 1,989
ADMINISTRATIVE EXPENSE, AND ANY OTHER EXPENSES NECESSARY OR 1,990
INCIDENT TO ACQUIRING OR CONSTRUCTING THE FACILITY, THE FINANCING 1,991
OF SUCH ACQUISITION OR CONSTRUCTION, INCLUDING THE AMOUNT 1,992
AUTHORIZED IN THE RESOLUTION OF THE PORT AUTHORITY PROVIDING FOR 1,993
THE ISSUANCE OF PORT AUTHORITY REVENUE BONDS TO BE PAID INTO ANY 1,994
SPECIAL FUNDS FROM THE PROCEEDS OF THE BONDS AND THE FINANCING OF 1,995
THE PLACING OF THE FACILITY IN OPERATION. ANY OBLIGATION, COST, 1,996
OR EXPENSE INCURRED BY ANY GOVERNMENTAL AGENCY OR PERSON FOR 1,997
SURVEYS, BORINGS, THE PREPARATION OF PLANS AND SPECIFICATIONS, 1,998
AND OTHER ENGINEERING SERVICES, OR ANY OTHER COST DESCRIBED 1,999
ABOVE, IN CONNECTION WITH THE ACQUISITION OR CONSTRUCTION OF A 2,000
FACILITY MAY BE REGARDED AS PART OF THE COST OF THE FACILITY AND 2,001
MAY BE REIMBURSED OUT OF THE PROCEEDS OF PORT AUTHORITY REVENUE 2,002
BONDS AS AUTHORIZED BY THIS CHAPTER. 2,003
48
(D) "Port authority facilities" means all real or personal 2,006
property, or ANY combination thereof, THAT IS OWNED, LEASED, OR 2,007
OTHERWISE CONTROLLED OR FINANCED BY A PORT AUTHORITY AND IS
related to or used in any commercial, industrial, distribution, 2,008
transportation, residential, recreational, educational, cultural, 2,010
or research facility, including aviation facilities and waterport 2,011
facilities, USEFUL FOR, OR IN FURTHERANCE OF, ONE OR MORE 2,012
AUTHORIZED PURPOSES.
(H)(E) "Bonds" means bonds, notes, or other forms or 2,014
evidences of obligation issued in temporary or definitive form, 2,015
including notes issued in anticipation of the issuance of bonds 2,016
and renewal notes.
(F) "CONSTRUCTION," UNLESS THE CONTEXT INDICATES A 2,018
DIFFERENT MEANING OR INTENT, INCLUDES ALTERATION, CONSTRUCTION, 2,019
CREATION, DEVELOPMENT, ENLARGEMENT, IMPROVEMENT, INSTALLATION, 2,020
RECONSTRUCTION, REMODELING, AND RENOVATION. 2,022
(G) "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP, OR 2,024
CORPORATION, OR ANY COMBINATION THEREOF. 2,026
(H) "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL 2,029
SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF 2,030
ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT 2,031
AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL 2,032
SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE. "CONTRACTING 2,033
SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT. 2,034
(I) "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT 2,037
LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT 2,038
AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT 2,039
DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL 2,040
AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT, 2,041
REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT, 2,043
AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS 2,044
STATE. "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A 2,045
TRANSPORTATION IMPROVEMENT DISTRICT.
Sec. 4582.02. Any municipal corporation, township, county, 2,054
49
or any combination of a municipal corporation, municipal 2,055
corporations, township, townships, county, or counties, no one 2,056
NONE of which has been WAS included in a port authority in 2,057
existence on December 16, 1964, comprising more than one 2,058
subdivision, may create a port authority. A municipal 2,059
corporation shall act by ordinance, a township shall act by
resolution of the township trustees, and a county shall act by 2,061
resolution of the county commissioners, in authorizing the
creation of a port authority. A port authority created pursuant 2,062
to this section is a body corporate and politic which THAT may 2,063
sue and be sued, plead and be impleaded, and has the powers and 2,064
jurisdiction enumerated in sections 4582.01 to 4582.20, 2,065
inclusive, of the Revised Code. The exercise by such THE port 2,066
authority of the powers conferred upon it shall be deemed 2,067
CONSIDERED to be essential governmental functions of this state, 2,068
but no port authority is immune from liability by reason thereof. 2,069
Sec. 4582.023. Any political subdivision within the 2,078
jurisdiction of a port authority may appropriate and expend 2,079
public funds not otherwise appropriated to finance or subsidize 2,080
the OPERATION AND AUTHORIZED purposes of the port authority so 2,081
created.
Subject to making due provisions for payment and 2,083
performance of its obligations, a port authority may be dissolved 2,084
by the subdivision or subdivisions creating it, and in such THAT 2,085
event the properties of the port authority shall be transferred 2,086
to the subdivision creating it, or, if created by more than one 2,087
subdivision, to the subdivisions creating it in such manner as 2,088
may be agreed upon between such THE subdivisions PRIOR TO THE 2,089
DISSOLUTION OF THE PORT AUTHORITY. 2,090
Sec. 4582.03. (A) A port authority created in accordance 2,100
with section 4582.02 of the Revised Code shall be governed by a 2,101
board of directors. Members of a board of directors of a port 2,102
authority created by the exclusive action of a municipal 2,103
corporation shall consist of the number of members it deems 2,104
50
CONSIDERS necessary and SHALL be appointed by the mayor with the 2,105
advice and consent of the council. Members of a board of 2,107
directors of a port authority created by the exclusive action of 2,108
a township shall consist of such members as it deems CONSIDERS 2,109
necessary and shall be appointed by the township trustees of such 2,110
THE township. Members of a board of directors of a port 2,111
authority created by the exclusive action of a county shall 2,113
consist of such members as it deems CONSIDERS necessary and SHALL 2,114
be appointed by the county commissioners of such THE county. 2,115
Members of a board of directors of a port authority created by a 2,117
combination of political subdivisions shall be divided among such 2,118
THE political subdivisions in such proportions as such THE 2,119
political subdivisions may agree and SHALL BE appointed BY THE 2,120
PARTICIPATING POLITICAL SUBDIVISIONS in the same manner as this 2,121
section provides for their THE appointment when such OF MEMBERS 2,122
BY A political subdivision creates CREATING its own port 2,123
authority. When a port authority is created by a combination of 2,124
political subdivisions, the number of directors composing 2,125
COMPRISING the board shall be determined by agreement between 2,127
such THE political subdivisions, WHICH NUMBER FROM TIME TO TIME 2,128
MAY BE CHANGED BY AMENDMENT OF THE AGREEMENT. The appointing 2,129
body may at any time remove a director appointed by it for 2,131
misfeasance, nonfeasance, or malfeasance in office.
Each director A MAJORITY OF THE DIRECTORS shall have been a 2,134
qualified elector ELECTORS of, or shall have had his business 2,135
THEIR BUSINESSES or place PLACES of employment in, one or more 2,137
political subdivisions within the area of the jurisdiction of the 2,138
port authority, for a period of at least three years next
preceding his THEIR appointment. 2,139
The directors of any port authority first appointed shall 2,141
serve staggered terms. Thereafter each successor shall serve for 2,142
a term of four years, except that any person appointed to fill a 2,143
vacancy shall be appointed to only the unexpired term and any 2,144
director is eligible for reappointment. 2,145
51
THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL 2,147
OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR 2,148
MEETINGS OF THE BOARD. IF A DIRECTOR IS SO REMOVED, A SUCCESSOR 2,149
SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR 2,151
IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. 2,152
The directors shall elect one of their membership as 2,154
chairman, CHAIRPERSON and another as vice chairman 2,155
VICE-CHAIRPERSON and shall designate their terms of office, and 2,156
shall appoint a secretary who need not be a director. A majority 2,157
of the board of directors shall constitute a quorum, the 2,158
affirmative vote of which shall be necessary for any action taken 2,160
by the port authority. No vacancy in the membership of the board 2,161
shall impair the rights of a quorum to exercise all the rights 2,162
and perform all the duties of the port authority. 2,163
Each member of the board of directors of a port authority 2,165
shall be entitled to receive from the port authority such sum of 2,166
money as the board of directors may determine as compensation for 2,167
his services as director and reimbursement for his reasonable 2,168
expenses in the performance of his OFFICIAL duties. 2,169
(B) Except for civil actions that arise out of the 2,171
operation of a motor vehicle and civil actions in which the port 2,172
authority is the plaintiff, no director, officer, or employee of 2,173
a port authority shall be liable in any civil action that arises 2,174
under the law of this state for damage or injury caused in the 2,175
performance of his OFFICIAL duties, unless the director's, 2,176
officer's, or employees's EMPLOYEE'S actions were manifestly 2,177
outside the scope of his THE DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S 2,179
employment or official responsibilities, or unless the director, 2,180
officer, or employee acted with malicious purpose, in bad faith,
or in a wanton or reckless manner. 2,181
This section does not eliminate, limit, or reduce any 2,183
immunity from civil liability that is conferred upon a director, 2,184
officer, or employee by any other provision of the Revised Code 2,185
or by case law. 2,186
52
(C)(1) A port authority shall, except as provided in 2,188
division (B) of this section, SHALL indemnify a director, 2,189
officer, or employee from liability incurred in the performance 2,190
of his OFFICIAL duties by paying any judgment in, or amount 2,191
negotiated in settlement of, any civil action arising under 2,193
federal law, the law of another state, or the law of a foreign 2,194
jurisdiction. The reasonableness of the amount of any consent 2,195
judgment or settlement is subject to the review and approval of 2,196
the board of DIRECTORS OF the port authority. The maximum 2,197
aggregate amount of indemnification paid directly from funds to 2,198
or on behalf of any director, officer, or employee pursuant to 2,199
this division shall be one million dollars per occurrence, 2,200
regardless of the number of persons who suffer damage, injury, or 2,201
death as a result of the occurrence.
(2) A port authority shall not indemnify a director, 2,203
officer, or employee under any of the following circumstances: 2,204
(a) To the extent the director, officer, or employee is 2,206
covered by a policy of insurance for civil liability purchased by 2,207
the port authority; 2,208
(b) When the director, officer, or employee acts 2,210
manifestly outside the scope of his THE DIRECTOR'S, OFFICER'S, OR 2,211
EMPLOYEE'S employment or official responsibilities, with 2,212
malicious purpose, in bad faith, or in a wanton or reckless 2,213
manner;
(c) For any portion of a judgment that represents punitive 2,215
or exemplary damages; 2,216
(d) For any portion of a consent judgment or settlement 2,218
that is unreasonable. 2,219
(3) The port authority may purchase a policy or policies 2,221
of insurance on behalf of directors, officers, and employees of 2,222
the port authority from an insurer or insurers licensed to do 2,223
business in this state providing coverage for damages in 2,224
connection with any civil action, demand, or claim against the 2,225
director, officer, or employee by reason of an act or omission by 2,226
53
the director, officer, or employee occurring in the performance 2,227
of his OFFICIAL duties and not coming within the terms of 2,228
division (C)(2)(b) of this section. 2,230
(4) This section does not affect any of the following: 2,232
(a) Any defense that would otherwise be available in an 2,234
action alleging personal liability of a director, officer, or 2,235
employee; 2,236
(b) The operation of section 9.83 of the Revised Code. 2,238
Sec. 4582.04. (A) A port authority created in accordance 2,247
with section 4582.02 of the Revised Code shall employ and fix the 2,248
qualifications, duties, and compensation of such ANY employees 2,249
and professional help as it may require to conduct the business 2,250
of the port and may appoint an advisory board, which shall serve 2,251
without compensation. Any employee may be suspended or 2,252
dismissed, and the services of professional help may be 2,253
terminated at any time by the port authority. 2,254
(B) A port authority may provide for the administration 2,256
and enforcement of the laws of the state by employing special 2,257
policemen, POLICE OFFICERS and may seek the assistance of other 2,258
appropriate law enforcement officers to enforce its regulations 2,259
and maintain order. 2,260
(C) Special policemen POLICE OFFICERS employed by a port 2,262
authority shall serve as a security force POLICE OFFICERS with 2,263
respect to the property, grounds, buildings, equipment, and 2,264
facilities under the control of the port authority, to prevent 2,266
hijacking of aircraft or watercraft, protect the property of the 2,267
authority AND THE PROPERTY OF OTHERS LOCATED THEREON, suppress 2,268
nuisances and disturbances and breaches of the peace, AND enforce 2,269
laws AND THE RULES OF THE PORT AUTHORITY for the preservation of 2,270
good order. In performing their duties, special policemen POLICE 2,272
OFFICERS are vested with the same powers of arrest as police 2,273
officers under section 2935.03 of the Revised Code.
ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT 2,275
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF 2,276
54
THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS 2,279
DEFINED IN SECTION 742.01 OF THE REVISED CODE. 2,281
Sec. 4582.041. (A) Any A port authority created under 2,290
section 4582.02 of the Revised Code may procure and pay all or 2,291
any part of the cost of group hospitalization, surgical, major 2,292
medical, sickness and accident insurance, or group life 2,293
insurance, or a combination of any of the foregoing types of 2,294
insurance or coverage for full-time employees and their immediate 2,295
dependents FAMILIES, issued by an insurance company duly 2,296
authorized to do business in this state. 2,298
(B) Any A port authority also may procure and pay all or 2,300
any part of the cost of a plan of group hospitalization, 2,301
surgical, or major medical, OR SICKNESS AND ACCIDENT insurance 2,302
with a health insuring corporation holding a certificate of 2,304
authority under Chapter 1751. of the Revised Code, provided that 2,305
each full-time employee shall be permitted to: 2,307
(1) Exercise an option between a plan offered by an 2,309
insurance company as provided in division (A) of this section and 2,311
such a plan offered by a health insuring corporation under this 2,312
division, on the condition that the full-time employee shall pay 2,314
any amount by which the cost of the plan offered in this division 2,315
exceeds the cost of the plan offered under division (A) of this 2,316
section; and
(2) Change from one of the two plans to the other at a 2,318
time each year as determined by the port authority. 2,319
(C) A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE 2,322
OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON 2,323
ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER 2,324
GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE 2,325
EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES. A PORT 2,326
AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT 2,327
SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR 2,328
MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE. 2,329
Sec. 4582.05. The area of jurisdiction of a port authority 2,338
55
created in accordance with section 4582.02 of the Revised Code 2,340
shall include all of the territory of the political subdivision 2,342
or subdivisions creating it, provided that in no case OTHER THAN 2,344
AS MAY RESULT FROM THE DETERMINATION OF A PORT AUTHORITY UNDER 2,345
DIVISION (C) OF SECTION 4582.201 OF THE REVISED CODE TO CHANGE
THE PROVISIONS OF CHAPTER 4582. OF THE REVISED CODE THAT GOVERN 2,346
ITS OPERATION, shall the same area be included in more than one 2,347
port authority. 2,348
Sec. 4582.06. A port authority created in accordance with 2,357
section 4582.02 of the Revised Code may: 2,358
(A) Purchase ACQUIRE, construct, reconstruct, enlarge, 2,360
improve FURNISH, equip, develop MAINTAIN, REPAIR, sell, exchange, 2,362
lease TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, convey other 2,363
interests in, and OR operate port authority facilities REAL OR 2,364
PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL 2,365
FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, and make 2,366
charges for the use thereof OF ANY PORT AUTHORITY FACILITY, which 2,367
shall be not less than the charges established for the same 2,368
services furnished by a public utility or common carrier in the 2,369
JURISDICTION OF THE particular port authority jurisdiction; 2,370
(B) Straighten, deepen, and improve any canal, channel, 2,372
river, stream, or other water course or way which THAT may be 2,374
necessary or proper in the development of the facilities of such
THE port AUTHORITY; 2,375
(C) Acquire, own, hold, sell, lease, or operate real or 2,377
personal property for the authorized purposes of the port 2,378
authority; 2,379
(D) Issue bonds or notes for the acquisition or, 2,381
construction, FURNISHING, OR EQUIPPING OF ANY REAL OR PERSONAL 2,382
PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR 2,383
IN FURTHERANCE of any permanent improvement which a port 2,384
authority is authorized to acquire or construct PURPOSE, in 2,385
compliance with Chapter 133. of the Revised Code, except that 2,387
such THE bonds or notes may only MAY be issued pursuant to a vote 2,388
56
of the electors residing within the territory of the port 2,390
authority. The net indebtedness incurred by a port authority 2,391
shall never exceed two per cent of the total value of all 2,392
property within the territory comprising such THE authority as 2,393
listed and assessed for taxation.
(E)(D) By resolution of its board of directors, issue 2,395
revenue bonds beyond the limit of bonded indebtedness provided by 2,396
law, for the purpose of acquiring, constructing, or developing 2,397
any port authority facility, other than a residential facility 2,398
ACQUISITION, CONSTRUCTION, FURNISHING, OR EQUIPPING OF ANY REAL 2,399
OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, 2,400
USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, 2,401
including all costs in connection with or incidental to such 2,402
acquisition, construction, or development THERETO. Pursuant to 2,403
Section 13 of Article VIII, Ohio Constitution, and in order to 2,405
create or preserve jobs and employment opportunities and improve 2,406
the economic welfare, the port authority may loan moneys for or 2,407
acquire, construct, reconstruct, develop, enlarge, improve, 2,408
furnish, equip, sell, exchange, lease, convey other interests in, 2,409
or lease with a contract or option to purchase, at such amount as 2,410
the board of directors in its sole discretion may determine, real 2,411
property, machinery, equipment, plants, factories, offices, and 2,412
other structures and facilities for industry, commerce, 2,413
distribution, and research, provided that when the costs thereof 2,414
are to be paid by the port authority, the acquisition, 2,415
construction, reconstruction, development, enlargement, 2,416
improvement, and equipment of such property, plants, factories, 2,417
offices, and other structures and facilities shall only be 2,418
financed from the proceeds of revenue bonds issued under 2,419
authority of this division or in a manner consistent with Section 2,420
13 of Article VIII, Ohio Constitution. 2,421
The port authority may construct, reconstruct, equip, or 2,423
operate any facilities which it is authorized to acquire, 2,424
purchase, or lease. Any sale, lease, lease with option to 2,425
57
purchase, conveyance of other interests in, or contract for 2,426
acquiring, constructing, reconstructing, operating, developing, 2,427
enlarging, improving, or equipping any real property, plant, 2,428
factory, office, or other structure or facility for industry, 2,429
commerce, distribution, recreation, and research shall be made in 2,430
such manner as is determined by the board of directors and shall 2,431
not be subject to the provisions of section 4582.12 of the 2,432
Revised Code. The 2,433
THE revenue bonds of the port authority shall be secured 2,436
only by a pledge of and a lien on the revenues of the port 2,437
authority derived from THOSE loan payments, rentals, fees,
charges, or other revenues from any improvements and facilities 2,438
as THAT are designated in the resolution, including, but not 2,439
limited to the improvements and facilities, ANY PROPERTY to be 2,441
financed from or constructed, developed, or acquired, 2,442
CONSTRUCTED, FURNISHED, OR EQUIPPED with the proceeds of the bond 2,443
issue, after provision only for the reasonable cost of operating, 2,444
maintaining, and repairing the improvements and facilities 2,445
PROPERTY of the port authority so designated. The bonds may 2,447
further be secured by the covenant of the port authority to 2,448
maintain such rates or charges as THAT will produce revenues 2,449
sufficient to meet THE costs of operating, maintaining, and 2,451
repairing such improvements and facilities PROPERTY and to meet 2,452
the interest and principal requirements of such THE bonds and to 2,453
establish and maintain reserves for the foregoing purposes. The 2,454
board of directors may, by resolution, MAY provide for the 2,455
issuance of additional revenue bonds from time to time, such 2,456
bonds to be secured equally and ratably, without preference, 2,457
priority, or distinction, with outstanding revenue bonds, but 2,458
subject to the terms and limitations of any trust agreement 2,459
described in this section, and of any resolution authorizing 2,460
bonds then outstanding. The board of directors may, by 2,461
resolution, MAY designate additional improvements and facilities 2,462
PROPERTY of the port authority, the revenues of which shall be 2,463
58
pledged and be subject to a lien for service THE PAYMENT of the 2,464
principal and interest requirements of DEBT CHARGES ON revenue 2,465
bonds theretofore authorized by resolution of the board of 2,467
directors, to the same extent as the revenues above described. 2,468
In the discretion of the board of directors of the port 2,470
authority, the revenue bonds of the port authority may be secured 2,471
by a trust agreement between the board of directors on behalf of 2,472
the port authority and a corporate trustee, which trustee THAT 2,473
may be any trust company or bank having powers of a trust 2,474
company, within or without the state. 2,475
The trust agreement may provide for the pledge or 2,477
assignment of the revenues to be received, but shall not pledge 2,478
the general credit and taxing power of the port authority. A 2,479
trust agreement securing revenue bonds issued to acquire, 2,480
construct, reconstruct, develop, enlarge, improve FURNISH, or 2,481
equip real property, plants, factories, offices, and other 2,483
structures and facilities for industry, commerce, distribution, 2,484
and research AUTHORIZED PURPOSES CONSISTENT WITH SECTION 13 OR 16 2,485
OF ARTICLE VIII, OHIO CONSTITUTION, may mortgage the real or 2,487
personal property, or both A COMBINATION THEREOF, to be acquired, 2,488
constructed, reconstructed, developed, enlarged, or improved 2,490
FURNISHED, OR EQUIPPED from the proceeds of such revenue bonds, 2,491
as further security for such THE bonds. The trust agreement or 2,492
the resolution providing for the issuance of revenue bonds may 2,493
set forth the rights and remedies of the bondholders and trustee, 2,494
and may contain such other provisions for protecting and 2,495
enforcing their rights and remedies as THAT are DETERMINED in the 2,496
discretion of the board of directors TO BE reasonable and proper. 2,498
Such THE agreement or resolution may provide for the custody, 2,500
investment, and disbursement of all moneys derived from the sale 2,501
of such bonds, or from the revenues of the port authority, other 2,502
than those moneys received from taxes levied pursuant to section 2,503
4582.14 of the Revised Code, and may provide for the deposit of 2,504
such funds without regard to section 4582.15 of the Revised Code. 2,505
59
ALL BONDS ISSUED UNDER AUTHORITY OF THIS CHAPTER, 2,507
REGARDLESS OF FORM OR TERMS AND REGARDLESS OF ANY OTHER LAW TO 2,508
THE CONTRARY, SHALL HAVE ALL QUALITIES AND INCIDENTS OF 2,509
NEGOTIABLE INSTRUMENTS, SUBJECT TO PROVISIONS FOR REGISTRATION, 2,510
AND MAY BE ISSUED IN COUPON, FULLY REGISTERED, OR OTHER FORM, OR 2,511
ANY COMBINATION THEREOF, AS THE BOARD OF DIRECTORS DETERMINES. 2,512
PROVISION MAY BE MADE FOR THE REGISTRATION OF ANY COUPON BONDS AS 2,513
TO PRINCIPAL ALONE OR AS TO BOTH PRINCIPAL AND INTEREST, AND FOR 2,514
THE CONVERSION INTO COUPON BONDS OF ANY FULLY REGISTERED BONDS OR 2,515
BONDS REGISTERED AS TO BOTH PRINCIPAL AND INTEREST. 2,516
The revenue bonds shall bear interest at such rate or 2,518
rates, SHALL BEAR SUCH DATE OR DATES, and shall mature within 2,519
forty years following the date of issuance and in such amount, at 2,521
such TIME OR times, and in such number of installments, as may be 2,522
provided in OR PURSUANT TO the resolution authorizing their 2,523
issuance. ANY ORIGINAL ISSUE OF REVENUE BONDS SHALL MATURE NOT 2,524
LATER THAN FORTY YEARS FROM THEIR DATE OF ISSUE. Such resolution 2,525
shall also SHALL provide for the execution and sealing of the 2,526
bonds and the use of, WHICH MAY BE BY facsimile signatures and 2,527
facsimile of the seal, UNLESS PROHIBITED BY THE RESOLUTION, AND 2,528
the manner of sale of the bonds, and such. THE RESOLUTION SHALL 2,529
PROVIDE FOR, OR PROVIDE FOR THE DETERMINATION OF, ANY other terms 2,530
and conditions relative to the issuance, sale, and retirement of 2,532
said THE bonds as THAT the board of directors in their ITS 2,533
discretion believe DETERMINES TO BE reasonable and proper. 2,534
Whenever a port authority considers it expedient, it may 2,536
issue renewal notes and refund any bonds, whether the bonds to be 2,537
refunded have or have not matured. THE FINAL MATURITY OF ANY 2,538
NOTES, INCLUDING ANY RENEWAL NOTES, SHALL NOT BE LATER THAN FIVE 2,539
YEARS FROM THE DATE OF ISSUE OF THE ORIGINAL ISSUE OF NOTES. The 2,540
FINAL MATURITY OF ANY refunding bonds shall NOT BE LATER THAN THE 2,541
LATER OF FORTY YEARS FROM THE DATE OF ISSUE OF THE ORIGINAL ISSUE 2,543
OF BONDS OR THE DATE BY WHICH IT IS EXPECTED, AT THE TIME OF 2,544
ISSUANCE OF THE REFUNDING BONDS, THAT THE USEFUL LIFE OF ALL OF 2,545
60
THE PROPERTY, OTHER THAN INTERESTS IN LAND, REFINANCED WITH 2,546
PROCEEDS OF THE BONDS WILL HAVE EXPIRED. THE REFUNDING BONDS 2,547
SHALL be sold and the proceeds applied to the purchase, 2,548
redemption, or payment of the bonds to be refunded AND THE COSTS 2,549
OF ISSUANCE OF THE REFUNDING BONDS. The bonds and notes issued 2,550
under this chapter, their transfer, and the income therefrom, 2,551
shall at all times be free from taxation within the state. 2,552
(F)(E) DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS 2,555
IN ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, 2,556
INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS, 2,557
FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED 2,558
TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR 2,559
SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE 2,560
VIII, OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE DISCRETION MAY 2,562
DETERMINE:
(1) LOAN MONEYS TO ANY PERSON FOR THE ACQUISITION, 2,565
CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE PROPERTY; 2,566
(2) ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND 2,568
EQUIP THE PROPERTY; 2,569
(3) SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS 2,571
IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER 2,572
INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR 2,574
GOVERNMENTAL ENTITY;
(4) GUARANTEE THE OBLIGATIONS OF ANY PERSON OR 2,576
GOVERNMENTAL ENTITY.
A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR 2,578
THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY 2,579
OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY 2,580
DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE 2,581
INVESTMENT OF FUNDS BY A PORT AUTHORITY. 2,582
(F) CONSTRUCT, MAINTAIN, REPAIR, FURNISH, EQUIP, SELL, 2,585
EXCHANGE, LEASE, OR LEASE WITH AN OPTION TO PURCHASE, ANY 2,586
PROPERTY THAT IT IS AUTHORIZED TO ACQUIRE. A PORT AUTHORITY THAT 2,587
IS SUBJECT TO THIS SECTION ALSO MAY OPERATE ANY PROPERTY IN 2,589
61
CONNECTION WITH TRANSPORTATION, RECREATIONAL, GOVERNMENTAL 2,590
OPERATIONS, OR CULTURAL ACTIVITIES. 2,591
(1) ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN 2,594
OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER 2,595
CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO 2,596
THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING, 2,597
EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY 2,598
COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF 2,599
AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII, 2,601
OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO 2,603
SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF 2,604
DIRECTORS IN ITS DISCRETION.
(2) DIVISION (F)(1) OF THIS SECTION APPLIES TO ALL 2,606
CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY 2,607
OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING, 2,608
WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF 2,610
COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE
PROVISION OF SECURITY. 2,611
(3) DIVISIONS (F)(1) AND (2) OF THIS SECTION DO NOT APPLY 2,614
TO EITHER OF THE FOLLOWING:
(a) ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS 2,617
RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A 2,618
PLEDGE OF MONEYS RAISED BY TAXATION; 2,619
(b) ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID 2,622
EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY. FOR 2,623
THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT 2,624
AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS, 2,625
CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT 2,626
EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF 2,627
THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY 2,628
ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM 2,629
GENERAL REVENUES.
(G) Apply to the proper authorities of the United States 2,631
pursuant to appropriate law for the right to establish, operate, 2,632
62
and maintain foreign trade zones and to establish, operate, and 2,633
maintain such foreign trade zones; and purchase, lease, or TO 2,635
acquire land or property therefor, in a manner consistent with
section 4582.17 of the Revised Code; 2,636
(G)(H) Exercise the right of eminent domain to appropriate 2,638
any land, rights, rights-of-way, franchises, easements, or other 2,639
property, necessary or proper for the construction or the 2,640
efficient operation of any facility of the port authority and 2,641
included in its official plan ANY AUTHORIZED PURPOSE, pursuant to 2,642
the procedure provided in sections 163.01 to 163.22 of the 2,644
Revised Code, if funds equal to the appraised value of the 2,645
property to be acquired as the A result of such proceedings, are 2,646
on hand and available for such purposes THAT PURPOSE, except 2,648
that:
(1) Nothing NOTHING contained in sections 4582.01 to 2,650
4582.20 of the Revised Code, shall authorize a port authority to 2,651
take or disturb property or facilities belonging to any public 2,652
corporation AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, public 2,653
utility, or common carrier, which property or facilities are 2,655
necessary and convenient in the operation of such public 2,656
corporation THE AGENCY OR POLITICAL SUBDIVISION, public utility, 2,657
or common carrier, unless provision is made for the restoration, 2,658
relocating RELOCATION, or duplication of such THE property or 2,659
facilities, or upon the election of such public corporation THE 2,661
AGENCY OR POLITICAL SUBDIVISION, public utility, or common 2,662
carrier, for the payment of compensation, if any, at the sole 2,663
cost of the port authority, provided that: 2,664
(a)(1) If any restoration or duplication proposed to be 2,666
made pursuant to this section involves a relocation of such 2,667
property or facilities, the new facilities and location shall be 2,668
of at least comparable utilitarian value and effectiveness, and 2,669
such THE relocation shall not impair the ability of the public 2,670
utility or common carrier to compete in its original area of 2,671
operation.
63
(b)(2) If any restoration or duplication made pursuant to 2,673
this section involves a relocation of such property or 2,674
facilities, the port authority shall acquire no interest or right 2,675
in or to the appropriated property or facilities, except as 2,676
provided in division (J)(K) of this section, until the relocated 2,678
property or facilities are available for use and until marketable 2,679
title thereto has been transferred to the public utility or 2,680
common carrier. 2,681
(c)(3) Provisions for restoration or duplication shall be 2,683
described in detail in the resolution for appropriation passed by 2,684
the port authority. 2,685
(H)(I) Enjoy and possess the same rights, privileges, and 2,687
powers granted municipal corporations under sections 721.04 to 2,688
721.11 of the Revised Code; 2,689
(I)(J) Maintain such funds as it considers necessary; 2,691
(J)(K) Direct its agents or employees, when properly 2,693
identified in writing, and after at least five days' written 2,694
notice, to enter upon lands within the confines of its 2,695
jurisdiction in order to make surveys and examinations 2,696
preliminary to location and construction of works for the 2,697
purposes of the port authority, without liability of the port 2,698
authority or its agents or employees except for actual damage 2,699
done; 2,700
(K)(L) Sell, lease, or convey other interests in real and 2,702
personal property and grant easements or rights-of-way over 2,703
property of the port authority. The board of directors of the 2,704
port authority shall specify the consideration and any terms 2,705
thereof for such THE sale, lease, or conveyance of other 2,706
interests in real and personal property. Any determinations made 2,708
by the board of directors under this division shall be 2,709
conclusive. Such THE sale, lease, or conveyance may be made 2,710
without advertising and the receipt of bids. 2,711
(L)(M) Promote, advertise, and publicize the port 2,713
authority facilities and its authorized purposes, provide 2,714
64
information to persons with an interest in transportation and 2,715
other port authority activities, and appear before rate-making 2,716
authorities to represent and promote the interests of the port 2,717
authority and its authorized purposes; 2,718
(M)(N) Adopt rules, not in conflict with general law, 2,720
governing the use of AND THE SAFEGUARDING OF its property, 2,721
grounds, buildings, equipment, and facilities, SAFEGUARDING 2,723
PERSONS AND THEIR PROPERTY LOCATED ON OR IN PORT AUTHORITY 2,724
PROPERTY, and governing the conduct of its employees and the 2,726
public, in order to promote the public safety and convenience in 2,727
and about its terminals and grounds, and to maintain order. Any
such regulation shall be posted at a prominent place in each of 2,729
the buildings, terminals, or facilities to which it applies NO 2,730
LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED 2,731
BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN
DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE 2,732
PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS 2,733
HOURS. No person shall violate any lawful regulation adopted and 2,734
posted as provided in this division. 2,735
(N)(O) Do all acts necessary or appropriate to carry out 2,737
its authorized purposes. The port authority shall have the 2,738
powers and rights granted to other subdivisions under section 2,739
9.20 of the Revised Code. 2,740
Sec. 4582.091. (A) FINANCIAL AND PROPRIETARY INFORMATION, 2,743
INCLUDING TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER 2,744
TO A PORT AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY 2,745
CONTRACT TO PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT 2,746
AUTHORITY, IN CONNECTION WITH THE RELOCATION, LOCATION,
EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THAT 2,747
EMPLOYER IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF THE 2,748
REVISED CODE. ANY OTHER INFORMATION SUBMITTED BY SUCH AN 2,751
EMPLOYER UNDER SUCH CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT 2,752
TO SECTION 149.43 OF THE REVISED CODE UNTIL THAT EMPLOYER COMMITS 2,754
IN WRITING TO PROCEED WITH THE RELOCATION, LOCATION, EXPANSION, 2,755
65
IMPROVEMENT, OR PRESERVATION.
(B) NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE, 2,759
THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF 2,760
TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (A) OF 2,762
THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN 2,763
CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS 2,764
SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT 2,765
INFORMATION PURSUANT TO A VOTE OF A MAJORITY OF THE MEMBERS 2,766
PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE 2,767
CONSIDERED. NO OTHER MATTERS SHALL BE CONSIDERED DURING THE 2,768
CLOSED SESSION. 2,769
Sec. 4582.10. The port authority shall foster and 2,778
encourage the participation of private enterprise in the 2,779
development of port authority facilities to the fullest extent it 2,780
considers practicable in the interest of limiting the necessity 2,781
of construction and operation of such THOSE facilities by the 2,782
port authority. For this purpose the port authority shall upon a 2,783
written request by any person, partnership, or corporation, filed 2,784
with the secretary of the board of directors within thirty days 2,785
following the journalization of the order of the adoption of an 2,786
official plan as provided in sections 4582.07 and 4582.08 of the 2,787
Revised Code, submit a proposal to provide, operate, and maintain 2,788
any facility included in such plan, by publication of and 2,789
invitation for bids therefor based upon specifications prepared 2,790
by the board of directors. 2,791
The board of directors may accept, subject to section 2,793
123.151 of the Revised Code, the bid of the person, partnership, 2,794
or corporation it considers best qualified by financial 2,795
responsibility and business experience to construct and operate 2,796
such facility or facilities in accordance with its official plan. 2,797
Sec. 4582.11. Nothing contained in sections 4582.01 to 2,806
4582.16, inclusive, of the Revised Code shall: 2,807
(A) Impair the provisions of law or ordinance directing 2,809
the payment of revenues derived from public property into sinking 2,810
66
funds or dedicating such THOSE revenues to specific purposes; 2,811
(B) Impair the powers of any county, township, or 2,813
municipal corporation to develop or improve port and terminal 2,814
facilities except as restricted by section 4582.16 of the Revised 2,816
Code;
(C) Enlarge, alter, diminish, or affect in any way, any 2,818
lease or conveyance made, or action taken prior to the creation 2,819
of a port authority in accordance with section 4582.02 of the 2,820
Revised Code by any municipal corporation under the provisions of 2,821
sections 721.04 to 721.11, inclusive, of the Revised Code, or by 2,822
any county under the provisions of section 307.65 of the Revised 2,823
Code;
(D) Impair or interfere with the exercise of any permit 2,825
for the removal of sand or gravel, or other similar permits 2,826
issued by this state or the United States; 2,827
(E) IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS. 2,829
Sec. 4582.12. (A) Except as otherwise provided in 2,838
division (E) of section 307.671 of the Revised Code, division (A) 2,839
of this section does not apply to a port authority educational 2,840
and cultural facility acquired, constructed, and equipped 2,841
pursuant to a cooperative agreement entered into under section 2,842
307.671 of the Revised Code. 2,843
When EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 2,845
WHEN the cost of a contract for the creation, construction, 2,846
alteration, or repair of any port authority facilities BUILDING, 2,847
STRUCTURE, OR OTHER IMPROVEMENT undertaken by a port authority 2,848
created in accordance with section 4582.02 of the Revised Code 2,850
involves an expenditure exceeding ten TWENTY-FIVE thousand 2,851
dollars and the port authority is the contracting entity, the 2,852
port authority shall make a written contract after complying with 2,853
section 123.151 of the Revised Code and after notice calling for 2,854
bids for the award of the contract has been given by publication 2,855
as provided by section 4582.01 of the Revised Code TWICE, WITH AT 2,856
LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 2,857
67
CIRCULATION IN THE AREA OF THE JURISDICTION OF THE PORT 2,858
AUTHORITY. No EACH SUCH contract shall be let except to the 2,860
lowest responsive and responsible bidder in accordance with 2,861
section 9.312 of the Revised Code. Every contract let shall be in 2,862
writing and if the contract involves work or construction, it 2,863
shall be accompanied by or shall refer to plans and 2,864
specifications for the work to be done, prepared for and approved 2,865
by the port authority, signed by the chairman AN AUTHORIZED 2,866
OFFICER of the port authority and by the contractor, and shall be 2,868
executed in triplicate.
Each bid shall be awarded in accordance with sections 2,870
153.54, 153.57, and 153.571 of the Revised Code. 2,871
The port authority may reject any and all bids. 2,873
(B) THE BOARD OF DIRECTORS OF A PORT AUTHORITY BY RULE MAY 2,875
PROVIDE CRITERIA FOR THE NEGOTIATION AND AWARD WITHOUT 2,876
COMPETITIVE BIDDING OF ANY CONTRACT AS TO WHICH THE PORT 2,877
AUTHORITY IS THE CONTRACTING ENTITY FOR THE CONSTRUCTION OF ANY 2,878
BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDER ANY OF THE 2,879
FOLLOWING CIRCUMSTANCES: 2,880
(1) THERE EXISTS A REAL AND PRESENT EMERGENCY THAT 2,882
THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT 2,883
AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING 2,885
THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION 2,886
AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE 2,887
SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT 2,888
CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE 2,889
ATTACHED TO THE CONTRACT. 2,890
(2) A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR 2,892
SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE 2,893
ARTICULATED FOR THE IMPROVEMENT. 2,894
(3) THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS 2,896
DEFINED IN SECTION 307.041 OF THE REVISED CODE. 2,897
(4) WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE 2,899
IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE 2,900
68
MATERIAL. 2,901
(5) A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER 2,903
COMPLYING WITH THE PROVISIONS OF DIVISION (A) OF THIS SECTION. 2,905
(C)(1) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED 2,908
WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 2,909
(B)(2) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A NOTICE 2,911
CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT LEAST 2,912
SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 2,913
CIRCULATION IN THE AREA OF THE PORT AUTHORITY. AFTER RECEIPT OF 2,914
THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH 2,915
AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING 2,916
THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT 2,917
AUTHORITY.
(2) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT 2,919
COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION (B)(4) 2,921
OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO THE 2,922
INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY BE 2,923
PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER OF 2,924
THAT MATERIAL. 2,925
(D) No contract for the creation, construction, 2,927
alteration, or repair of any building, structure, or other 2,928
improvement and no loan agreement for the borrowing of funds for 2,929
any such improvement undertaken by a port authority, where the 2,930
port authority is the contracting entity, shall be executed 2,931
unless laborers and mechanics employed on such improvements are 2,932
paid at the prevailing rates of wages of laborers and mechanics 2,933
for the class of work called for by the improvement, which. THE 2,935
wages shall be determined in accordance with the requirements of
Chapter 4115. of the Revised Code for THE determination of 2,936
prevailing wage rates, provided that the requirements of this 2,937
section do not apply where the federal government or any of its 2,938
agencies furnishes by loan or grant all or any part of the funds 2,939
used in connection with such project and prescribes predetermined 2,940
minimum wages to be paid to such THE laborers and mechanics. 2,941
69
Sec. 4582.17. (A) A port authority created in accordance 2,950
with section 4582.02 of the Revised Code may enter into such 2,951
contracts or other arrangements with the United States 2,952
government, or any department thereof, with persons, railroads, 2,953
or other corporations, with public corporations, WITH PUBLIC 2,954
UTILITIES, and with the state government of this or other states, 2,956
WITH GOVERNMENTS OF FOREIGN COUNTRIES, with counties, 2,957
municipalities, townships, or other governmental agencies created 2,958
by or under the authority of the laws of this state, OTHER 2,959
STATES, OR GOVERNMENTS OF FOREIGN COUNTRIES, including sewerage, 2,960
drainage, conservation, conservancy, or other improvement 2,962
districts in this or other states as may be necessary or 2,963
convenient for the exercise of powers granted by sections 4582.01 2,964
to 4582.16 of the Revised Code, including the making of surveys, 2,965
investigations, or reports thereon; provided that such THE 2,966
contracts or arrangements shall not be in violation of Article
VIII of the Ohio Constitution. The port authority may purchase, 2,967
lease, or acquire land or other property in any county of this 2,968
state and in adjoining states for the accomplishment of an 2,969
authorized purpose PURPOSES of the port authority, or for the 2,970
improvement of the harbor and port facilities over which the port 2,971
authority may have jurisdiction, and may let contracts or spend 2,972
money for making such improvements or THOSE PURPOSES, INCLUDING 2,973
THE development of port facilities in adjoining states. The 2,975
authority granted in this section to enter into contracts or 2,976
other arrangements with the United States government or any 2,977
department thereof, includes the power to enter into any 2,978
contracts, arrangements, or agreements as may be necessary to 2,979
hold and save harmless the United States from damages due to the 2,980
construction and maintenance by the United States of such works 2,981
as the United States undertakes.
Any political subdivision which THAT has participated in 2,983
the creation of a port authority pursuant to section 4582.02 of 2,984
the Revised Code, or is within OR ADJACENT TO, the jurisdiction 2,986
70
of the port authority, may enter into an agreement, which may be 2,987
amended or supplemented, with the port authority to accomplish 2,988
any of the authorized purposes of the port authority. Such THE 2,989
agreement may provide for industrial, commercial, distribution, 2,990
educational, cultural, and research development within the 2,991
political subdivision and may set forth the extent to which the 2,992
port authority shall act as the agent of the political 2,993
subdivision. A port authority may mortgage its property, incur 2,994
debt, and issue its obligations as provided in division (E) of 2,995
section 4582.06 of the Revised Code for the purpose of acquiring, 2,996
constructing, improving, and equipping buildings, structures, and 2,997
other properties and acquiring sites therefor, for lease, sale, 2,998
or conveyance of other interests in such property by the port 2,999
authority. 3,000
(B) A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE 3,003
OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR 3,004
ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE 3,005
PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY 3,006
POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF 3,007
THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT 3,008
AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO 3,009
EXERCISE, PERFORM, OR RENDER. 3,010
UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE 3,012
LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND 3,013
ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE 3,014
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE 3,015
SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE 3,016
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY 3,017
OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT, 3,018
WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING 3,019
SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL 3,020
POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS 3,021
MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE 3,022
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE 3,023
71
AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY 3,024
CONTRACTING SUBDIVISION DIRECTLY. THE EXERCISE OF THOSE POWERS, 3,025
PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES 3,026
BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE 3,027
GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR 3,028
CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING 3,029
EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE 3,031
BEING RENDERED. ANY SUCH AGREEMENT SHALL NOT SUSPEND THE
POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF, 3,033
OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO 3,034
PERFORM ANY FUNCTION OR RENDER ANY SERVICE. A PORT AUTHORITY OR 3,035
ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY 3,036
AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR
EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND 3,037
ON BEHALF OF, ANY OTHER SUBDIVISION UNLESS APPROVED BY A MAJORITY 3,040
OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION. 3,041
Sec. 4582.20. A port authority created under sections 3,050
4582.01 to 4582.20, inclusive, of the Revised Code, shall be 3,051
exempt from and shall not be required to pay any taxes on 3,053
property, both real and personal, OR ANY COMBINATION THEREOF, 3,054
belonging to any such port authority, which THAT is used 3,055
exclusively for any public AUTHORIZED purpose; provided, such 3,056
THIS exemption shall not apply to any property belonging to any 3,057
port authority while OCCUPIED AND USED DURING A TAX YEAR BY a 3,058
private enterprise PERSON WHO is a lessee of such THE property AS 3,060
OF THE TAX LIEN DATE FOR THAT TAX YEAR under A written lease 3,061
providing for a tenancy WITH A REMAINING TERM longer than one 3,062
year.
Sec. 4582.201. (A) Sections 4582.01 to 4582.20 of the 3,071
Revised Code apply exclusively to a port authority in existence 3,072
on the effective date of this section JULY 9, 1982, unless the 3,074
subdivision or subdivisions which THAT created such THE port 3,075
authority act pursuant to division (B) of this section. 3,077
(B) The subdivision or subdivisions which THAT created a 3,079
72
port authority in existence on the effective date of this section 3,080
JULY 9, 1982, may adopt a resolution or ordinance to permit the 3,082
port authority to operate under sections 4582.21 to 4582.59 of 3,083
the Revised Code. Upon SUBJECT TO DIVISION (C) OF THIS SECTION, 3,084
UPON adoption of such a resolution or ordinance, sections 4582.01 3,085
to 4582.20 of the Revised Code no longer apply. At the time the 3,086
resolution or ordinance is adopted, the subdivision or 3,087
subdivisions which THAT created the port authority may also MAY 3,089
act pursuant to division (B) of section 4582.22 of the Revised
Code to restrict the powers of the port authority. 3,090
(C) THE SUBDIVISION OR SUBDIVISIONS THAT HAVE ADOPTED A 3,093
RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF THIS SECTION MAY 3,094
ADOPT A RESOLUTION OR ORDINANCE TO PERMIT THE PORT AUTHORITY TO 3,095
RESUME OPERATING UNDER SECTIONS 4582.01 TO 4582.20 OF THE REVISED 3,097
CODE. UPON ADOPTION OF SUCH A RESOLUTION OR ORDINANCE AND 3,099
ADOPTION OF A SIMILAR RESOLUTION BY THE BOARD OF DIRECTORS OF THE 3,100
AFFECTED PORT AUTHORITY, SECTIONS 4582.21 TO 4582.59 OF THE 3,102
REVISED CODE SHALL NOT APPLY AND SECTIONS 4582.01 TO 4582.20 OF 3,104
THE REVISED CODE SHALL APPLY FROM AND AFTER THE TIME THE LAST 3,107
SUCH RESOLUTION OR ORDINANCE IS ADOPTED. A SUBDIVISION OR 3,108
SUBDIVISIONS THAT ACT UNDER DIVISION (C) OF THIS SECTION MAY NOT 3,109
THEREAFTER ADOPT A RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF 3,111
THIS SECTION.
Sec. 4582.202. Sections 4582.21 to 4582.59 of the Revised 3,120
Code apply exclusively to a port authority created after the 3,121
effective date of this section JULY 9, 1982, and to a port 3,122
authority in existence on the effective date of this section JULY 3,124
9, 1982, if the subdivision or subdivisions which THAT created 3,125
the port authority adopts ADOPT a resolution or ordinance 3,126
permitted under division (B) of section 4582.201 of the Revised 3,127
Code BUT HAVE NOT ADOPTED A RESOLUTION OR ORDINANCE UNDER 3,128
DIVISION (C) OF THAT SECTION TO RESUME OPERATING UNDER SECTIONS
4582.01 TO 4582.20 OF THE REVISED CODE. 3,129
Sec. 4582.21. As used in sections 4582.22 to 4582.59 of 3,139
73
the Revised Code: 3,140
(A) "Port authority" means a body corporate and politic 3,142
created pursuant to THE authority of section 4582.22 of the 3,143
Revised Code. A port authority created pursuant to section 3,144
4582.22 of the Revised Code need not be adjacent to, connected 3,145
with, or have located within its jurisdiction a body of water. 3,146
(B) "Submerged lands" means the lands presently underlying 3,148
the waters of Lake Erie or formerly underlying the waters of Lake 3,149
Erie and now artificially filled between the natural shoreline 3,150
and the harbor line or the line of commercial navigation where no 3,151
harbor line has been established. 3,152
(C) "Uplands" means lands contiguous to or fronting upon 3,154
any submerged lands in this state. 3,155
(D) Unless otherwise defined, "publication" means 3,157
publication once a week on the same day of the week for three 3,158
consecutive weeks in a newspaper of general circulation in the 3,159
county or counties wherein such publication is required to be 3,160
made. Publication shall be complete on the date of the last 3,161
publication. 3,162
(E) "Aviation facilities" means any facilities used, 3,164
available for use, or designed for use for the safe navigation, 3,165
landing or taking off of aircraft; for the safety, storage, 3,166
maintenance and repair of aircraft; for the comfort and 3,167
accommodations of the users of air transportation, including 3,168
persons, cargo, mail, and other property, and for the safe and 3,169
efficient operation and maintenance of airports and any care of 3,170
such facilities. 3,171
(F) AUTHORIZED PURPOSES" OR "PURPOSE" MEANS EITHER OF THE 3,173
FOLLOWING: 3,174
(1) ACTIVITIES THAT ENHANCE, FOSTER, AID, PROVIDE, OR 3,176
PROMOTE TRANSPORTATION, ECONOMIC DEVELOPMENT, HOUSING, 3,177
RECREATION, EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR 3,178
RESEARCH WITHIN THE JURISDICTION OF THE PORT AUTHORITY; 3,179
(2) ACTIVITIES AUTHORIZED BY SECTIONS 13 AND 16 OF ARTICLE 3,182
74
VIII, OHIO CONSTITUTION. 3,183
(C) "Governmental agency" means a department, division, or 3,185
other unit of state government OF THIS STATE OR ANY OTHER STATE, 3,186
a municipal corporation, county, township, or other political 3,188
subdivision, or any other public corporation or agency having the 3,189
power to acquire, construct, or operate port authority facilities 3,190
CREATED UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, the United 3,191
States, or any DEPARTMENT OR agency thereof, and any agency, 3,192
commission, or authority established pursuant to an interstate 3,193
compact or agreement.
(G)(D) "Person" means any individual, firm, partnership, 3,195
association, or corporation, or any combination thereof. 3,196
(H)(E) "Port authority facility" or "facility" means any 3,198
commercial, industrial, distribution, residential, recreational, 3,199
or research facility located within the jurisdiction of the port 3,200
authority, including, but not limited to, aviation facilities, 3,201
marinas, water ports, trucking terminals, railroad terminals, 3,202
warehouses, wharves, piers, docks, or transportation equipment, 3,203
together with all real and personal property, property rights, 3,204
easements, and interests that may be appropriate for the 3,205
operation of the facility. As used in division (H) of section 3,206
4582.33, and sections 4582.50 and 4582.52 of the Revised Code, 3,207
"port authority facility" or "facility" does not include 3,208
residential facilities REAL OR PERSONAL PROPERTY, OR ANY 3,209
COMBINATION THEREOF OWNED, LEASED, OR OTHERWISE CONTROLLED OR 3,211
FINANCED BY A PORT AUTHORITY AND RELATED TO, USEFUL FOR, OR IN 3,212
FURTHERANCE OF, ONE OR MORE AUTHORIZED PURPOSES. 3,213
(I)(F) "Cost" as applied to a port authority facility 3,215
means the cost of acquisition and OR construction of such THE 3,217
facility, and the cost of acquistion ACQUISITION of all land, 3,218
rights-of-way, property rights, easements, franchise rights, and 3,219
interests required for such THAT acquisition and OR construction, 3,221
the cost of demolishing or removing any buildings or structures 3,222
on land so acquired, including the cost of acquiring any lands to 3,223
75
which such THOSE buildings or structures may be moved, the cost 3,224
of acquiring or constructing and equipping a principal office of 3,225
the port authority, the cost of diverting highways, interchange 3,226
of highways, AND access roads to private property, including the 3,227
cost of land or easements for such THE access roads, the cost of 3,229
public utility and common carrier relocation or duplication, the 3,230
cost of all machinery, furnishings, and equipment, financing 3,231
charges, interest prior to and during construction and for no 3,232
more than eighteen months after completion of construction, 3,233
engineering, expenses of research and development with respect to 3,234
port authority facilities, legal expenses, plans, specifications, 3,235
surveys, studies, estimates of cost and revenues, working 3,236
capital, other expenses necessary or incident to determining the 3,237
feasibility or practicability of acquiring or construction such 3,238
CONSTRUCTING THE facility, administrative expense, and such other 3,240
expenses as may be necessary or incident to the acquisition or 3,241
construction of the facility, the financing of such THE 3,242
acquisition or construction, including the amount authorized in 3,244
the resolution of the port authority providing for the issuance 3,245
of port authority revenue bonds to be paid into any special funds 3,246
from the proceeds of such bonds and the financing of the placing 3,247
of such THE facility in operation. Any obligation, cost, or 3,248
expense incurred by any governmental agency or person for 3,249
surveys, borings, preparation of plans and specifications, and 3,250
other engineering services, or any other cost described above, in 3,251
connection with the acquisition or construction of a facility may 3,252
be regarded as part of the cost of such THE facility and may be 3,253
reimbursed out of the proceeds of port authority revenue bonds as 3,254
authorized by this chapter. 3,255
(J) "Owner" includes a person having any title or interest 3,257
in any property, rights, easements, or interests authorized to be 3,258
acquired by sections 4582.21 to 4582.59 of the Revised Code. 3,259
(K)(G) "Revenues" means all rentals and other charges 3,261
received by the port authority for the use or services of any 3,262
76
port authority facility, any gift or grant received with respect 3,263
to any port authority facility, any moneys received with respect 3,264
to the lease, sublease, sale, including installment sale or 3,265
conditional sale, or other disposition of a port authority 3,266
facility, moneys received in repayment of and for interest on any 3,267
loans made by the port authority to a person or governmental 3,268
agency, whether from the United States or any department, 3,269
administration, or agency thereof, or otherwise, proceeds of such 3,270
port authority revenue bonds to the extent the use thereof for 3,271
payment of principal or of premium, if any, or interest on the 3,272
bonds is authorized by the port authority, proceeds from any 3,273
insurance, condemnation, or guaranty pertaining to a facility or 3,274
property mortgaged to secure bonds or pertaining to the financing 3,275
of the facility, and income and profit from the investment of the 3,276
proceeds of port authority revenue bonds or of any revenues. 3,277
(L)(H) "Public roads" includes all public highways, roads, 3,279
and streets in the state, whether maintained by the state, OR BY 3,280
A county, city, township, MUNICIPAL CORPORATION, or other 3,282
political subdivision.
(M)(I) "Construction," unless the context indicates a 3,284
different meaning or intent, includes reconstruction ALTERATION, 3,285
CONSTRUCTION, CREATION, DEVELOPMENT, enlargement, improvement, or 3,288
providing furnishings or equipment INSTALLATION, RECONSTRUCTION, 3,289
REMODELING, AND RENOVATION. 3,290
(N)(J) "Port authority revenue bonds," unless the context 3,292
indicates a different meaning or intent, includes port authority 3,293
revenue notes, port authority revenue renewal notes, and port 3,294
authority revenue refunding bonds, except that notes issued in 3,295
anticipation of the issuance of bonds shall have a maximum 3,296
maturity of five years as provided in section 4582.48 of the 3,297
Revised Code and notes or renewal notes issued as the definitive 3,298
obligation may be issued maturing at such time or times with a 3,299
maximum maturity of forty years from the date of issuance of the 3,300
original note. 3,301
77
(K) "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL 3,304
SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF 3,305
ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT 3,306
AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL 3,307
SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE. "CONTRACTING 3,308
SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT. 3,309
(L) "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT 3,312
LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT 3,313
AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT
DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL 3,314
AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT, 3,315
REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT, 3,317
AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS 3,318
STATE. "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A 3,319
TRANSPORTATION IMPROVEMENT DISTRICT.
Sec. 4582.22. (A) Any municipal corporation, township, OR 3,328
county NOT INCLUDED IN A PORT AUTHORITY IN EXISTENCE ON DECEMBER 3,329
16, 1964, MAY CREATE, or any combination of a municipal 3,330
corporation, municipal corporations, township, townships, county, 3,332
or counties, no one of which has been included in a port 3,333
authority in existence on December 16, 1964, may create, AND ANY 3,334
OF THE FOREGOING TOGETHER WITH ANY OTHER POLITICAL SUBDIVISION OR 3,335
SUBDIVISIONS MAY CREATE a port authority. A municipal 3,336
corporation shall act by ordinance, a township shall act by 3,337
resolution of the township trustees, and a county shall act by 3,338
resolution of the county commissioners, AND ANY OTHER POLITICAL 3,339
SUBDIVISION SHALL ACT BY RESOLUTION OF ITS LEGISLATIVE AUTHORITY, 3,340
in authorizing the creation of a port authority. A port 3,342
authority created pursuant to this section is a body corporate 3,343
and politic which may sue and be sued, plead and be impleaded, 3,344
and has the powers and jurisdiction enumerated in sections 3,345
4582.21 to 4582.59 of the Revised Code. The exercise by such 3,346
port authority of the powers conferred upon it shall be deemed to 3,347
be essential governmental functions of this state, but no port 3,348
78
authority is immune from liability by reason thereof. 3,349
(B) At the time a port authority is created pursuant to 3,351
division (A) of section 4582.22 of the Revised Code or, in the 3,352
case of a port authority in existence on the effective date of 3,353
this section JULY 9, 1982, at the time the subdivision or 3,355
subdivisions which created such authority act pursuant to 3,356
division (B) of section 4582.201 of the Revised Code, the 3,357
subdivision or subdivisions which create the port authority may 3,358
restrict the powers granted the port authority pursuant to this 3,359
chapter by specifically setting forth such restrictions in the 3,360
resolution or ordinance creating the port authority or in the 3,361
resolution or ordinance adopted pursuant to division (B) of 3,362
section 4582.201 of the Revised Code. 3,363
(C) The subdivision or subdivisions which created a port 3,365
authority whose powers have been restricted pursuant to division 3,366
(B) of this section may, at any time, adopt a resolution or 3,367
ordinance to grant additional powers, so long as the powers so 3,368
granted do not exceed the powers permitted pursuant to this 3,369
chapter. 3,370
Sec. 4582.25. (A) Any municipal corporation, township, or 3,379
county, OR OTHER POLITICAL SUBDIVISION creating or participating 3,381
in the creation of a port authority in accordance with section
4582.22 of the Revised Code may appropriate and expend public 3,382
funds to finance or subsidize the operation AND AUTHORIZED 3,383
PURPOSES of the port authority. 3,384
(B) Subject to making due provisions for payment and 3,386
performance of its obligations, a port authority may be dissolved 3,387
by the subdivision or subdivisions creating it, and in such event 3,388
the properties of the port authority shall be transferred to the 3,389
subdivision creating it, or, if created by more than one 3,391
subdivision, to the subdivisions creating it in such A manner as 3,392
may be agreed upon between such THE subdivisions PRIOR TO THE 3,393
DISSOLUTION OF THE PORT AUTHORITY.
Sec. 4582.26. After a port authority has been created, any 3,403
79
municipal corporation, township, or county, OR OTHER POLITICAL 3,404
SUBDIVISION, acting by ordinance or resolution, which is 3,406
contiguous to any municipal corporation, township, or county, OR 3,407
OTHER POLITICAL SUBDIVISION which participated in the creation of 3,408
such port authority or to any municipal corporation, township, or 3,409
county, OR OTHER POLITICAL SUBDIVISION which proposes to join the 3,411
port authority at the same time and is contiguous to any 3,412
municipal corporation, township, or county, OR OTHER POLITICAL 3,413
SUBDIVISION which participated in the creation of such port 3,414
authority, may join such port authority, and thereupon the 3,415
jurisdiction and territory of the port authority includes the 3,416
municipal corporation, county, or township, OR OTHER POLITICAL 3,417
SUBDIVISION so joining. If more than one such political 3,419
subdivision is to be joined to the port authority at the same 3,420
time, then each such ordinance or resolution shall designate the 3,421
political subdivisions which are to be so joined. Any territory 3,422
or municipal corporation not included in a port authority and 3,423
which is annexed to a municipal corporation included within the 3,424
jurisdiction and territory of a port authority shall, on such 3,425
annexation and without further proceedings, be annexed to and be 3,426
included in the jurisdiction and territory of the port authority. 3,427
Before such political subdivision or subdivisions are joined to a 3,428
port authority, other than by annexation to a municipal 3,429
corporation, the political subdivision or subdivisions 3,430
theretofore comprising such port authority shall agree upon the 3,431
terms and conditions pursuant to which such political subdivision 3,432
or subdivisions are to be joined. For all purposes of sections 3,433
4582.21 to 4582.59 of the Revised Code, such political 3,434
subdivision or subdivisions shall be considered to have 3,435
participated in the creation of such port authority, except that 3,436
the initial term of any director of the port authority appointed 3,437
by such a political subdivision shall be four years. After each 3,438
ordinance or resolution proposing joinder to the port authority 3,439
has become effective and the terms and conditions of joinder have 3,440
80
been agreed to, the board of directors of the port authority 3,441
shall by resolution either accept or reject such joinder. Such 3,442
joinder shall be effective upon adoption of the resolution 3,443
accepting such joinder, unless the port authority to which a 3,444
political subdivision or subdivisions, including a county within 3,445
which such port authority is located, are to be joined, has 3,446
authority under section 4582.40 of the Revised Code to levy a tax 3,447
on property within its jurisdiction, then such joinder shall not 3,448
be effective until approved by the affirmative vote of a majority 3,449
of the electors voting on the question of the joinder. If more 3,450
than one political subdivision is to be joined to the port 3,451
authority, then the electors of such subdivisions shall vote as a 3,452
district and the majority affirmative vote shall be determined by 3,453
the vote case CAST in such district as a whole. The election 3,454
shall be called by the board of directors of the port authority 3,455
and shall be held, canvassed, and certified in the manner 3,456
provided for the submission of tax levies under section 5705.191 3,457
of the Revised Code except that the question appearing on the 3,458
ballot shall read:
"Shall ................................................. 3,460
(Name or names of political subdivisions to 3,462
................................................................ 3,464
be joined) 3,466
be joined to ............................. port authority 3,468
(Name) 3,470
and the existing tax levy (levies) of such port authority 3,472
(aggregating) ............... mill per dollar of valuation 3,474
be authorized to be levied against properties within 3,476
............................................................?" 3,478
(Name or names of political subdivisions to be joined) 3,480
(Name or names of political subdivisions to be joined) 3,482
If the question is approved the joinder becomes immediately 3,484
effective and the port authority is authorized to extend the levy 3,485
of such tax against all the taxable property within the political 3,486
81
subdivision or political subdivisions which have been joined. If 3,487
such question is approved at a general election, then the port 3,488
authority may amend its budget and resolution adopted pursuant to 3,489
section 5705.34 of the Revised Code and such levy shall be placed 3,490
on the current tax list and duplicate and collected as other 3,491
taxes are collected from all taxable property within the port 3,492
authority including the political subdivision or political 3,493
subdivisions joined as a result of the election. 3,494
Sec. 4582.27. A port authority created in accordance with 3,504
section 4582.22 of the Revised Code shall be governed by a board 3,505
of directors. Members of a board of directors of a port
authority created by the exclusive action of a municipal 3,506
corporation shall consist of the number of members it deems 3,507
CONSIDERS necessary and SHALL be appointed by the mayor with the 3,508
advice and consent of the council. Members of a board of 3,510
directors of a port authority created by the exclusive action of 3,511
a township shall consist of such members as it deems CONSIDERS 3,512
necessary and shall be appointed by the township trustees of the 3,514
township. Members of a board of directors of a port authority 3,515
created by the exclusive action of a county shall consist of such 3,516
members as it deems CONSIDERS necessary and SHALL be appointed by 3,517
the board of county commissioners of such THE county. Members of 3,518
a board of directors of a port authority created by a combination 3,520
of political subdivisions shall be divided among the political 3,521
subdivisions in such proportions as the political subdivisions 3,522
may agree and SHALL BE appointed BY THE PARTICIPATING POLITICAL 3,523
SUBDIVISIONS in the same manner as this section provides for 3,524
their THE appointment when OF MEMBERS BY a political subdivision 3,525
creates CREATING its own port authority. IF A PARTICIPATING 3,527
POLITICAL SUBDIVISION IS NOT AUTHORIZED BY SECTION 4582.22 OF THE 3,529
REVISED CODE TO CREATE ITS OWN PORT AUTHORITY, THE POLITICAL
SUBDIVISION'S ELECTED LEGISLATIVE BODY, IF THE POLITICAL 3,530
SUBDIVISION HAS AN ELECTED LEGISLATIVE BODY, OR THE POLITICAL 3,531
SUBDIVISION'S ELECTED OFFICIAL OR OFFICIALS WHO APPOINT THE 3,532
82
LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION SHALL APPOINT THE 3,533
MEMBERS OF A BOARD OF DIRECTORS OF A PORT AUTHORITY THAT ARE TO 3,534
BE APPOINTED BY THAT POLITICAL SUBDIVISION. IF THE ELECTORS OF A 3,536
PARTICIPATING POLITICAL SUBDIVISION DO NOT ELECT EITHER THE 3,537
LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION OR THE OFFICIAL OR 3,538
OFFICIALS WHO APPOINT THE LEGISLATIVE BODY OF THE POLITICAL 3,539
SUBDIVISION, THE PARTICIPATING POLITICAL SUBDIVISION MAY NOT
APPOINT ANY MEMBER OF A BOARD OF DIRECTORS OF A PORT AUTHORITY. 3,540
When a port authority is created by a combination of political 3,542
subdivisions, the number of directors composing COMPRISING the 3,543
board shall be determined by agreement between such THE political 3,545
subdivisions, WHICH NUMBER MAY BE CHANGED FROM TIME TO TIME BY 3,546
AMENDMENT OF THE AGREEMENT. The appointing body may at any time 3,547
remove a director appointed by it for misfeasance, nonfeasance, 3,549
or malfeasance in office.
Each director A MAJORITY OF THE DIRECTORS shall have been a 3,552
qualified elector ELECTORS of, or shall have had his business 3,553
THEIR BUSINESSES or place PLACES of employment in, one or more 3,555
political subdivisions within the area of the jurisdiction of the 3,556
port authority, for a period of at least three years next
preceding his THEIR appointment. 3,557
If a port authority owns, operates, or manages one or more 3,559
aviation facilities regularly used for the landing and taking off 3,560
of aircraft, and there are persons who are willing and able to 3,561
serve on the board of directors of the port authority and have 3,562
their principal place of residence within three miles of any such 3,563
aviation facility, then at least one member of the board of 3,564
directors shall be appointed from among such persons. 3,565
The directors of any port authority first appointed shall 3,567
serve staggered terms. Thereafter each successor shall serve for 3,568
a term of four years, except that any person appointed to fill a 3,569
vacancy shall be appointed to only the unexpired term and any 3,570
director is eligible for reappointment. 3,571
THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL 3,573
83
OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR 3,574
MEETINGS OF THE BOARD. IF A DIRECTOR IS SO REMOVED, A SUCCESSOR 3,575
SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR 3,577
IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. 3,578
The directors shall elect one of their membership as 3,580
chairman, CHAIRPERSON and another as vice-chairman 3,581
VICE-CHAIRPERSON, and shall designate their terms of office, and 3,583
shall appoint a secretary who need not be a director. A majority 3,584
of the board of directors shall constitute a quorum, the 3,585
affirmative vote of which shall be necessary for any action taken 3,586
by the port authority. No vacancy in the membership of the board 3,587
shall impair the rights of a quorum to exercise all the rights 3,588
and perform all the duties of the port authority. 3,589
Each member of the board of directors of a port authority 3,591
shall be entitled to receive from the port authority such sum of 3,592
money as the board of directors may determine as compensation for 3,593
his services as director and reimbursement for his reasonable 3,594
expenses in the performance of his OFFICIAL duties. 3,595
Sec. 4582.28. (A) A port authority created in accordance 3,604
with section 4582.22 of the Revised Code shall employ and fix the 3,605
qualifications, duties, and compensation of such ANY employees 3,606
and enter into contracts for such ANY professional services as it 3,609
may require to conduct the business of the port authority and may 3,610
appoint an advisory board, which shall serve without 3,611
compensation. Any employee may be suspended or dismissed, and any 3,612
contract for professional services may be terminated at any time 3,613
by the port authority. 3,614
(B) A port authority may provide for the administration 3,616
and enforcement of the laws of the state by employing special 3,617
policemen POLICE OFFICERS, and may seek the assistance of other 3,618
appropriate law enforcement officers to enforce its rules and 3,619
maintain order.
(C) Special policemen POLICE OFFICERS employed by a port 3,621
authority shall serve as a security POLICE force with respect to 3,623
84
the property, grounds, buildings, equipment, and facilities under 3,625
the control of the port authority, to prevent hijacking of 3,626
aircraft or watercraft, protect the property of the authority AND 3,627
THE PROPERTY OF OTHERS LOCATED THEREON, suppress nuisances and 3,628
disturbances and breaches of the peace, and enforce laws AND THE 3,629
RULES OF THE PORT AUTHORITY for the preservation of good order. 3,630
In performing their duties, special policemen POLICE OFFICERS are 3,631
vested with the same powers of arrest as police officers under 3,632
section 2935.03 of the Revised Code. 3,633
ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT 3,635
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF 3,636
THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS 3,639
DEFINED IN SECTION 742.01 OF THE REVISED CODE. 3,641
Sec. 4582.29. (A) Any A port authority created under 3,650
section 4582.22 of the Revised Code may procure and pay all or 3,651
any part of the cost of group hospitalization, surgical, major 3,652
medical, sickness and accident insurance, or group life 3,653
insurance, or a combination of any of the foregoing types of 3,654
insurance or coverage for full-time employees and their immediate 3,655
dependents FAMILIES, issued by an insurance company duly 3,656
authorized to do business in this state. 3,658
(B) Any A port authority also may procure and pay all or 3,660
any part of the cost of a plan of group hospitalization, 3,661
surgical, or major medical, OR SICKNESS AND ACCIDENT insurance 3,662
with a health insuring corporation holding a certificate of 3,664
authority under Chapter 1751. of the Revised Code, provided that 3,665
each full-time employee shall be permitted to: 3,667
(1) Exercise an option between a plan offered by an 3,669
insurance company as provided in division (A) of this section and 3,670
a plan offered by a health insuring corporation under this 3,671
division, on the condition that the full-time employee shall pay 3,673
any amount by which the cost of the plan offered in this division 3,674
exceeds the cost of the plan offered under division (A) of this 3,675
section; and
85
(2) Change from one of the two plans to the other at a 3,677
time each year as determined by the port authority. 3,678
(C) A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE 3,681
OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON 3,683
ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER 3,684
GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE 3,685
EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES. A PORT 3,686
AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT 3,687
SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR 3,688
MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE. 3,689
Sec. 4582.30. (A)(1) Except as otherwise provided in 3,698
division (B)(A)(2) OR (3) of this section, the area of 3,700
jurisdiction of a port authority created in accordance with 3,701
section 4582.22 of the Revised Code shall include all of the 3,702
territory of the political subdivision or subdivisions creating 3,703
it and, if the port authority owns or leases a railroad line, the 3,704
territory on which the railroad's line, terminals, and related 3,705
facilities are located, regardless of whether the territory is 3,706
located in the political subdivision or subdivisions creating the 3,707
port authority, provided that in no case shall the same political 3,708
subdivision that created or joined an existing port authority be 3,709
included in more than one port authority. 3,710
(B)(1)(2) A municipal corporation with a population of at 3,712
least one hundred thousand according to the most recent federal 3,713
decennial census may create a port authority within a county that 3,714
previously created an existing port authority, if the municipal 3,715
corporation did not join with the county in creating the port 3,716
authority or thereafter join that port authority. THE NEWLY 3,717
CREATED PORT AUTHORITY AND THE PREVIOUSLY CREATED AND EXISTING 3,718
PORT AUTHORITY SHALL POSSESS CONCURRENT JURISDICTION OVER ANY 3,719
TERRITORY WITHIN THE JURISDICTION OF BOTH.
(2)(3) A county may create a port authority the area of 3,721
jurisdiction of which excludes any territory that is located in 3,722
that county and is in the area of jurisdiction of any port 3,723
86
authority created in accordance with section 4582.02 or 4582.22 3,724
of the Revised Code that is then existing in the county. 3,725
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 3,728
SECTION, A POLITICAL SUBDIVISION THAT HAS CREATED A PORT 3,729
AUTHORITY OR JOINED AN EXISTING PORT AUTHORITY SHALL NOT BE 3,730
INCLUDED IN ANY OTHER PORT AUTHORITY. 3,731
(2) A MUNICIPAL CORPORATION WITH A POPULATION OF LESS THAN 3,734
ONE HUNDRED THOUSAND ACCORDING TO THE MOST RECENT FEDERAL
DECENNIAL CENSUS THAT HAS JOINED AN EXISTING PORT AUTHORITY IN A 3,735
COUNTY WITH A POPULATION OF FIVE HUNDRED THOUSAND OR LESS MAY 3,736
CREATE A PORT AUTHORITY WITHIN THE TERRITORIAL JURISDICTION OF 3,738
THE MUNICIPAL CORPORATION. 3,739
Sec. 4582.31. A port authority created in accordance with 3,748
section 4582.22 of the Revised Code may: 3,749
(A) Adopt bylaws for the regulation of its affairs and the 3,751
conduct of its business; 3,752
(B) Adopt an official seal; 3,754
(C) Maintain a principal office within its jurisdiction, 3,756
and maintain such branch offices as it may require; 3,757
(D) Acquire, purchase, construct, reconstruct, enlarge, 3,759
furnish, equip, maintain, repair, sell, exchange, lease or rent 3,760
to, lease or rent from, or operate port authority facilities OR 3,763
LEASE WITH AN OPTION TO PURCHASE, CONVEY OTHER INTERESTS IN REAL 3,764
OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, 3,765
USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE AND 3,766
OPERATE ANY PROPERTY IN CONNECTION WITH TRANSPORTATION, 3,767
RECREATIONAL, GOVERNMENTAL OPERATIONS, OR CULTURAL ACTIVITIES; 3,768
(E) Straighten, deepen, and improve any channel, river, 3,770
stream, or other water course or way which may be necessary or 3,771
proper in the development of the facilities of a water port 3,772
AUTHORITY; 3,773
(F) Make available the use or services of any port 3,775
authority facility to one or more persons, one or more 3,776
governmental agencies, or any combination thereof; 3,777
87
(G) Issue bonds or notes for the acquisition or, 3,779
construction, FURNISHING, OR EQUIPPING of any port authority 3,780
facility or other permanent improvement which THAT a port 3,782
authority is authorized to acquire or, construct, FURNISH, OR 3,784
EQUIP, in compliance with Chapter 133. of the Revised Code, 3,785
except that such bonds or notes may only be issued pursuant to a 3,786
vote of the electors residing within the area of jurisdiction of 3,787
the port authority. The net indebtedness incurred by a port 3,788
authority shall never exceed two per cent of the total value of 3,789
all property within the territory comprising such THE port 3,790
authority as listed and assessed for taxation. 3,792
(H) Issue port authority revenue bonds beyond the limit of 3,794
bonded indebtedness provided by law, payable solely from revenues 3,795
as provided in section 4582.48 of the Revised Code, unless the 3,796
bonds be refunded by refunding bonds, for the purpose of 3,797
providing funds to pay the costs of any port authority facility 3,798
or facilities or parts thereof, pursuant to Section 13 of Article 3,799
VIII, Ohio Constitution, and in order to create or preserve jobs 3,800
and employment opportunities and improve the economic welfare of 3,801
the people of the state; 3,802
(I) Apply to the proper authorities of the United States 3,804
pursuant to appropriate law for the right to establish, operate, 3,805
and maintain foreign trade zones and establish, operate, and 3,806
maintain such foreign trade zones AND TO ACQUIRE, EXCHANGE, SELL, 3,808
LEASE TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, OR OPERATE 3,809
FACILITIES, LAND, OR PROPERTY THEREFOR in accordance with the 3,811
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to 3,813
81u;
(J) Enjoy and possess the same rights, privileges, and 3,815
powers granted municipal corporations under sections 721.04 to 3,816
721.11 of the Revised Code; 3,817
(K) Maintain such funds as it considers necessary; 3,819
(L) Direct its agents or employees, when properly 3,821
identified in writing, and after at least five days' written 3,822
88
notice, to enter upon lands within the confines of its 3,823
jurisdiction in order to make surveys and examinations 3,824
preliminary to location and construction of works for the 3,825
purposes of the port authority, without liability of the port 3,826
authority or its agents or employees except for actual damage 3,827
done; 3,828
(M) Promote, advertise, and publicize the port authority 3,830
and its facilities; provide information to shippers and other 3,831
commercial interests; and appear before rate-making authorities 3,832
to represent and promote the interests of the port authority; 3,833
(N) Adopt rules, not in conflict with general law, 3,835
governing the use of its property, grounds, buildings, equipment, 3,836
and facilities, and governing the conduct of its employees and 3,837
the public, in order to promote the public safety and convenience 3,838
in and about its facilities and grounds, and to maintain order IT 3,839
FINDS NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF ITS DUTIES 3,840
AND THE EXECUTION OF ITS POWERS UNDER SECTIONS 4582.21 TO 4582.54 3,841
OF THE REVISED CODE. Any such rule shall be posted at a 3,842
prominent place in each of the facilities to which it applies NO 3,844
LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED 3,845
BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN 3,846
DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE
PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS 3,847
HOURS. No person shall violate any lawful rule adopted and 3,849
posted as provided in this division.
(O) Acquire by gift or purchase, hold, lease, and dispose 3,851
of real and personal property and interests therein in the 3,852
exercise of the powers of the port authority and the performance 3,853
of its duties under sections 4582.21 to 4582.59 of the Revised 3,854
Code; 3,855
(P) Acquire, in the name of the port authority, by 3,857
purchase or otherwise, on such terms and in such manner as the 3,858
port authority finds proper, or by the exercise of the right of 3,859
condemnation in the manner provided by section 4582.56 of the 3,860
89
Revised Code, such public or private lands, including public 3,861
parks, playgrounds, or reservations, or parts thereof or rights 3,862
therein, rights-of-way, property, rights, easements, and 3,863
interests as it finds necessary for carrying out sections 4582.21 3,864
to 4582.59 of the Revised Code, and compensation shall be paid 3,865
for public or private lands so taken; 3,866
(Q) DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS IN 3,868
ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, 3,869
INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS, 3,870
FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED 3,871
TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR 3,872
SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE 3,874
VIII OF THE OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE 3,876
DISCRETION MAY DETERMINE:
(1) LOAN MONEYS TO ANY PERSON OR GOVERNMENTAL ENTITY FOR 3,878
THE ACQUISITION, CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE 3,879
PROPERTY; 3,880
(2) ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND 3,882
EQUIP THE PROPERTY; 3,883
(3) SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS 3,885
IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER 3,886
INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR 3,888
GOVERNMENTAL ENTITY;
(4) GUARANTEE THE OBLIGATIONS OF ANY PERSON OR 3,890
GOVERNMENTAL ENTITY.
A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR 3,892
THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY 3,893
OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY 3,894
DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE 3,895
INVESTMENT OF FUNDS BY A PORT AUTHORITY. 3,896
(P) SELL, LEASE, OR CONVEY OTHER INTERESTS IN REAL AND 3,899
PERSONAL PROPERTY, AND GRANT EASEMENTS OR RIGHTS-OF-WAY OVER
PROPERTY OF THE PORT AUTHORITY. THE BOARD OF DIRECTORS SHALL 3,900
SPECIFY THE CONSIDERATION AND ANY TERMS FOR THE SALE, LEASE, OR 3,901
90
CONVEYANCE OF OTHER INTERESTS IN REAL AND PERSONAL PROPERTY. ANY 3,902
DETERMINATION MADE BY THE BOARD UNDER THIS DIVISION SHALL BE 3,903
CONCLUSIVE. THE SALE, LEASE, OR CONVEYANCE MAY BE MADE WITHOUT 3,904
ADVERTISING AND THE RECEIPT OF BIDS. 3,905
(Q) EXERCISE THE RIGHT OF EMINENT DOMAIN TO APPROPRIATE 3,908
ANY LAND, RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS, OR OTHER 3,909
PROPERTY, NECESSARY OR PROPER FOR ANY AUTHORIZED PURPOSE, 3,910
PURSUANT TO THE PROCEDURE PROVIDED IN SECTIONS 163.01 TO 163.22 3,911
OF THE REVISED CODE, IF FUNDS EQUAL TO THE APPRAISED VALUE OF THE 3,914
PROPERTY TO BE ACQUIRED AS A RESULT OF SUCH PROCEEDINGS ARE 3,915
AVAILABLE FOR THAT PURPOSE. HOWEVER, NOTHING CONTAINED IN 3,916
SECTIONS 4582.201 TO 4582.59 OF THE REVISED CODE SHALL AUTHORIZE 3,918
A PORT AUTHORITY TO TAKE OR DISTURB PROPERTY OR FACILITIES 3,919
BELONGING TO ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, 3,920
PUBLIC UTILITY, OR COMMON CARRIER, WHICH PROPERTY OR FACILITIES 3,921
ARE NECESSARY AND CONVENIENT IN THE OPERATION OF THE AGENCY OR 3,922
POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON CARRIER, UNLESS 3,923
PROVISION IS MADE FOR THE RESTORATION, RELOCATION, OR DUPLICATION 3,925
OF SUCH PROPERTY OR FACILITIES, OR UPON THE ELECTION OF THE 3,926
AGENCY OR POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON 3,927
CARRIER, FOR THE PAYMENT OF COMPENSATION, IF ANY, AT THE SOLE 3,928
COST OF THE PORT AUTHORITY, PROVIDED THAT:
(1) IF ANY RESTORATION OR DUPLICATION PROPOSED TO BE MADE 3,930
UNDER THIS SECTION INVOLVES A RELOCATION OF THE PROPERTY OR 3,931
FACILITIES, THE NEW FACILITIES AND LOCATION SHALL BE OF AT LEAST 3,932
COMPARABLE UTILITARIAN VALUE AND EFFECTIVENESS AND SHALL NOT 3,933
IMPAIR THE ABILITY OF THE PUBLIC UTILITY OR COMMON CARRIER TO 3,934
COMPETE IN ITS ORIGINAL AREA OF OPERATION; 3,935
(2) IF ANY RESTORATION OR DUPLICATION MADE UNDER THIS 3,937
SECTION INVOLVES A RELOCATION OF THE PROPERTY OR FACILITIES, THE 3,939
PORT AUTHORITY SHALL ACQUIRE NO INTEREST OR RIGHT IN OR TO THE 3,940
APPROPRIATED PROPERTY OR FACILITIES, EXCEPT AS PROVIDED IN
DIVISION (O) OF THIS SECTION, UNTIL THE RELOCATED PROPERTY OR 3,942
FACILITIES ARE AVAILABLE FOR USE AND UNTIL MARKETABLE TITLE 3,943
91
THERETO HAS BEEN TRANSFERRED TO THE PUBLIC UTILITY OR COMMON 3,944
CARRIER.
(R)(1) Make and enter into all contracts and agreements 3,946
and execute all instruments necessary or incidental to the 3,947
performance of its duties and the execution of its powers under 3,948
sections 4582.21 to 4582.59 of the Revised Code. 3,949
(1) When the cost under any such contract or agreement, 3,951
other than compensation for personal services, involves an 3,952
expenditure of more than ten thousand dollars, the port authority 3,953
shall make a written contract with the lowest responsive and 3,954
responsible bidder, in accordance with section 9.312 of the 3,955
Revised Code, after advertisement once a week for not less than 3,956
two consecutive weeks in a newspaper of general circulation in 3,957
the county where the facility is located, and in such other 3,958
publications as the port authority determines, which notice shall 3,959
state the general character of the work and the general character 3,960
of the materials to be furnished, the place where plans and 3,961
specifications therefor may be examined, and the time and place 3,962
of receiving bids; provided, that a contract or lease for the 3,963
operation of a port authority facility constructed and owned by 3,964
the port authority or an agreement for cooperation in the 3,965
acquisition or construction of a port authority facility pursuant 3,966
to section 4582.43 of the Revised Code or any contract for the 3,967
construction of a port authority facility that is to be leased by 3,968
the port authority to, and operated by, persons who are not 3,969
governmental agencies and the cost of such facility is to be 3,970
amortized exclusively from rentals or other charges paid to the 3,971
port authority by persons who are not governmental agencies is 3,972
not subject to the foregoing requirements and the port authority 3,973
may enter into such contract, lease, or agreement pursuant to 3,974
negotiation and upon such terms and conditions and for such 3,975
period as it finds to be reasonable and proper in the 3,976
circumstances and in the best interests of proper operation or of 3,977
efficient acquisition or construction of such facility. 3,978
92
(2) Each bid shall contain the full name of every person 3,980
interested in it and shall be accompanied by a sufficient bond or 3,981
certified check on a solvent bank that if the bid is accepted a 3,982
contract will be entered into and the performance thereof 3,983
secured. 3,984
(3)(2) EXCEPT AS PROVIDED IN DIVISION (R)(3) OF THIS 3,987
SECTION, WHEN THE COST OF A CONTRACT FOR THE CONSTRUCTION OF ANY 3,988
BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDERTAKEN BY A PORT 3,989
AUTHORITY INVOLVES AN EXPENDITURE EXCEEDING TWENTY-FIVE THOUSAND 3,990
DOLLARS, AND THE PORT AUTHORITY IS THE CONTRACTING ENTITY, THE 3,991
PORT AUTHORITY SHALL MAKE A WRITTEN CONTRACT AFTER NOTICE CALLING 3,992
FOR BIDS FOR THE AWARD OF THE CONTRACT HAS BEEN GIVEN BY 3,993
PUBLICATION TWICE, WITH AT LEAST SEVEN DAYS BETWEEN PUBLICATIONS, 3,994
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA OF THE PORT 3,995
AUTHORITY. EACH SUCH CONTRACT SHALL BE LET TO THE LOWEST 3,996
RESPONSIVE AND RESPONSIBLE BIDDER IN ACCORDANCE WITH SECTION 3,997
9.312 OF THE REVISED CODE. EVERY CONTRACT SHALL BE ACCOMPANIED 4,000
BY OR SHALL REFER TO PLANS AND SPECIFICATIONS FOR THE WORK TO BE 4,001
DONE, PREPARED FOR AND APPROVED BY THE PORT AUTHORITY, SIGNED BY 4,002
AN AUTHORIZED OFFICER OF THE PORT AUTHORITY AND BY THE 4,003
CONTRACTOR, AND SHALL BE EXECUTED IN TRIPLICATE. 4,004
EACH BID SHALL BE AWARDED IN ACCORDANCE WITH SECTIONS 4,006
153.54, 153.57, AND 153.571 OF THE REVISED CODE. The port 4,010
authority may reject any and all bids.
(4) A bond with good and sufficient surety, approved by 4,012
the port authority, shall be required of all contractors in an 4,013
amount equal to at least fifty per cent of the contract price, 4,014
conditioned upon the faithful performance of the contract. 4,015
(R)(3) THE BOARD OF DIRECTORS BY RULE MAY PROVIDE CRITERIA 4,017
FOR THE NEGOTIATION AND AWARD WITHOUT COMPETITIVE BIDDING OF ANY 4,019
CONTRACT AS TO WHICH THE PORT AUTHORITY IS THE CONTRACTING ENTITY 4,020
FOR THE CONSTRUCTION OF ANY BUILDING OR STRUCTURE OR OTHER 4,021
IMPROVEMENT UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: 4,022
(a) THERE EXISTS A REAL AND PRESENT EMERGENCY THAT 4,025
93
THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT 4,026
AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING 4,027
THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION 4,028
AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE 4,029
SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT 4,030
CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE 4,031
ATTACHED TO THE CONTRACT. 4,032
(b) A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR 4,035
SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE 4,036
ARTICULATED FOR THE IMPROVEMENT.
(c) THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS 4,038
DEFINED IN SECTION 307.041 OF THE REVISED CODE. 4,039
(d) WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE 4,041
IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE 4,043
MATERIAL.
(e) A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER 4,046
COMPLYING WITH THE PROVISIONS OF DIVISION (R)(2) OF THIS SECTION. 4,047
(4)(a) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED 4,050
WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 4,051
(R)(3)(b) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A 4,053
NOTICE CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT 4,054
LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 4,055
CIRCULATION IN THE AREA OF THE PORT AUTHORITY. AFTER RECEIPT OF 4,056
THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH 4,057
AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING 4,058
THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT 4,059
AUTHORITY. 4,060
(b) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT 4,063
COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 4,065
(R)(3)(d) OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO 4,066
THE INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY 4,067
BE PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER 4,068
OF THAT MATERIAL. 4,069
(5)(a) ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN 4,072
94
OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER 4,073
CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO 4,074
THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING, 4,075
EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY 4,076
COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF 4,077
AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII, 4,079
OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO 4,081
SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF 4,082
DIRECTORS IN ITS DISCRETION. 4,083
(b) DIVISION (R)(5)(a) OF THIS SECTION APPLIES TO ALL 4,086
CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY 4,087
OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING, 4,088
WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF 4,089
COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE 4,090
PROVISION OF SECURITY.
(c) DIVISIONS (R)(5)(a) AND (b) OF THIS SECTION DO NOT 4,094
APPLY TO EITHER OF THE FOLLOWING:
(i) ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS 4,097
RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A 4,098
PLEDGE OF MONEYS RAISED BY TAXATION.
(ii) ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID 4,101
EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY. FOR 4,102
THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT 4,103
AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS, 4,104
CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT 4,105
EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF 4,106
THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY 4,107
ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM 4,108
GENERAL REVENUES.
(S) Employ managers, superintendents, and other employees 4,110
and retain or contract with consulting engineers, financial 4,111
consultants, accounting experts, architects, attorneys, and such 4,112
ANY other consultants and independent contractors as are 4,113
necessary in its judgment to carry out this chapter, and fix the 4,114
95
compensation thereof. All expenses thereof shall be payable from 4,115
any available funds of the port authority or from funds 4,116
appropriated for such THAT purpose by a political subdivision 4,117
creating or participating in the creation of the port authority. 4,118
(S)(T) Receive and accept from any STATE OR federal agency 4,121
grants AND LOANS for or in aid of the construction of any port 4,122
authority facility or for research and development with respect 4,123
to port authority facilities, and receive and accept aid or 4,124
contributions from any source of money, property, labor, or other 4,125
things of value, to be held, used, and applied only for the 4,126
purposes for which such THE grants and contributions are made; 4,127
(T)(U) Engage in research and development with respect to 4,129
port authority facilities; 4,130
(U)(V) Purchase fire and extended coverage and liability 4,132
insurance for any port authority facility and for the principal 4,133
office and branch offices of the port authority, insurance 4,134
protecting the port authority and its officers and employees 4,135
against liability for damage to property or injury to or death of 4,136
persons arising from its operations, and any other insurance the 4,137
port authority may agree to provide under any resolution 4,138
authorizing its port authority revenue bonds or in any trust 4,139
agreement securing the same; 4,140
(V)(W) Charge, alter, and collect rentals and other 4,142
charges for the use or services of any port authority facility as 4,143
provided in section 4582.43 of the Revised Code; 4,144
(W)(X) Provide coverage for its employees under Chapters 4,146
145., 4123., and 4141. of the Revised Code; 4,147
(X)(Y) Do all acts necessary or proper to carry out the 4,149
powers expressly granted in sections 4582.21 to 4582.59 of the 4,150
Revised Code. 4,151
Sec. 4582.35. The port authority shall foster and 4,160
encourage the participation of private enterprise in the 4,161
development of the port facilities to the fullest extent it deems 4,162
CONSIDERS practicable in the interest of limiting the necessity 4,163
96
of construction and operation of such THE facilities by the port 4,164
authority. For this purpose the port authority shall, upon a 4,165
written request by any person, partnership, or corporation, filed 4,166
with the secretary of the board of directors within thirty days 4,167
following the journalization of the order of the adoption of an 4,168
official plan as provided in sections 4582.32 and 4582.33 of the 4,169
Revised Code, submit a proposal to provide, operate, and maintain 4,170
any facility included in the plan, by publication of and 4,171
invitation for bids therefor based upon specifications prepared 4,172
by the board of directors. 4,173
The board of directors may accept the bid of the person, 4,175
partnership, or corporation it deems best qualified by financial 4,176
responsibility and business experience to construct and operate 4,177
the facility or facilities in accordance with its official plan. 4,178
Sec. 4582.36. Nothing contained in sections 4582.23 4,187
4582.25 to 4582.59 of the Revised Code shall: 4,188
(A) Impair the provisions of law or ordinance directing 4,190
the payment of revenues derived from public property into sinking 4,191
funds or dedicating such THOSE revenues to specific purposes; 4,192
(B) Impair the powers of any county, township, or 4,194
municipal corporation, OR OTHER POLITICAL SUBDIVISION to develop 4,195
or improve port and terminal facilities except as restricted by 4,197
section 4582.42 of the Revised Code; 4,198
(C) Enlarge, alter, diminish, or affect in any way, any 4,200
lease or conveyance made, or action taken prior to the creation 4,201
of a port authority in accordance with section 4582.22 of the 4,202
Revised Code by any municipal corporation under the provisions of 4,203
sections 721.04 to 721.11 of the Revised Code, or by any county 4,204
under the provisions of section 307.65 of the Revised Code; 4,205
(D) Impair or interfere with the exercise of any permit 4,207
for the removal of sand or gravel, or other similar permits 4,208
issued by this state or the United States; 4,209
(E) IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS. 4,211
Sec. 4582.37. No port authority shall enter into any 4,220
97
contract for the creation, construction, alteration, or repair of 4,222
any port authority facility and no loan agreement for the 4,223
borrowing of funds for any such port authority facility 4,224
undertaken by a port authority shall be executed unless laborers 4,225
and mechanics employed on the facility are paid at the prevailing 4,226
rates of wages of laborers and mechanics for the class of work 4,227
called for by the facility, which wages shall be determined in 4,228
accordance with the requirements of Chapter 4115. of the Revised 4,229
Code for determination of prevailing wage rates, provided that 4,230
the requirements of this section do not apply where the federal 4,231
government or any of its agencies furnishes by loan or grant all 4,232
or any part of the funds used in connection with the facility and 4,233
prescribes predetermined minimum wages to be paid to such THE 4,234
laborers and mechanics; and provided further that should a 4,236
nonpublic user beneficiary of the facility undertake construction 4,237
to be performed by its regular bargaining unit employees who are 4,238
covered under a collective bargaining agreement which THAT was in 4,239
existence prior to the commitment instrument undertaking a loan 4,240
or grant of funds then, in that event, the rate of pay provided 4,241
under the collective bargaining agreement may be paid to such 4,242
employees.
Except as provided in this section, construction on any 4,244
port authority facility to which this section applies is hereby 4,245
deemed to be construction of a public improvement within section 4,246
4115.03 of the Revised Code. All contractors and subcontractors 4,247
working on such projects, facilities, or port authority 4,248
facilities shall be subject to and comply with sections 4115.03 4,249
to 4115.16 of the Revised Code, and the bureau of employment 4,251
services shall, and any interested party may, bring proceedings 4,252
under such THOSE sections to enforce compliance. The bureau 4,254
shall make the determination of wages as required under this 4,255
section and shall designate one of its employees to act as the 4,256
prevailing wage coordinator under section 4115.071 of the Revised 4,257
Code for any project, facility, or port authority facility for 4,258
98
which a coordinator has not been designated by any port 4,259
authority.
Sec. 4582.38. The legislative authority of any municipal 4,268
corporation, county, township, school district, or other 4,269
political subdivision or taxing district, may convey or lease to 4,270
OR FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, any 4,271
port authority or any port authority may convey or lease to OR 4,272
FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, a 4,273
municipal corporation, county, township, school district, or 4,274
other political subdivision or taxing district, without 4,275
competitive bidding and on mutually agreeable terms, any personal 4,276
property or real property, or any interest therein, which THAT is 4,277
not needed for the purposes of the grantor, or lessor, to be used 4,278
by the recipient or lessee for its purposes. 4,279
Sec. 4582.43. A port authority may charge, alter, and 4,288
collect rentals or other charges for the use or services of any 4,289
port authority facility and contract in the manner provided by 4,290
this section with one or more persons, one or more governmental 4,291
agencies, or any combination thereof, desiring the use or 4,292
services of the facility, and fix the terms, conditions, rentals, 4,293
or other charges for such THE use or services. If such THE 4,295
services are furnished in the jurisdiction of the port authority 4,296
by a public utility or a common carrier, charges by the port 4,297
authority for the services shall not be less than the charges 4,298
established for the same services furnished by a public utility 4,299
or common carrier in the port authority jurisdiction. Such THE 4,300
rentals or other charges shall not be subject to supervision or 4,301
regulation by any other authority, commission, board, bureau, or 4,302
agency of the state and such THE contract may provide for 4,303
acquisition by such THE person or governmental agency of all or 4,305
any part of such THE port authority facility for such 4,307
consideration payable over the period of the contract or 4,308
otherwise as the port authority in its sole discretion determines 4,309
to be appropriate, but subject to the provisions of any 4,310
99
resolution authorizing the issuance of port authority revenue 4,311
bonds or any trust agreement securing such THE bonds. Any 4,312
governmental agency that has power to construct, operate, and 4,313
maintain port authority facilities may enter into a contract or 4,314
lease with a port authority whereby the use or services of any 4,315
port authority facility will be made available to the 4,316
governmental agency, and may pay for such THE use or services 4,317
such rentals or other charges as may be agreed to by the port 4,318
authority and such THE governmental agency. 4,319
Any governmental agency or combination of governmental 4,321
agencies may cooperate with the port authority in the acquisition 4,322
or construction of port authority facilities and shall enter into 4,323
such agreements with the port authority as may be appropriate, 4,324
with a view to effective cooperative action and safeguarding of 4,325
the respective interests of the parties thereto, which agreements 4,326
shall provide for such contributions by the parties thereto in 4,327
such A proportion as may be agreed upon and such other terms as 4,329
may be mutually satisfactory to the parties including, without 4,330
limitation, the authorization of the construction of the facility 4,331
by one of the parties acting as agent for all of the parties and 4,332
the ownership and control of the facility by the port authority 4,333
to the extent necessary or appropriate for purposes of the 4,334
issuance of port authority revenue bonds by the port authority. 4,335
Any governmental agency may provide the funds for the payment of 4,336
such ANY contribution as is required under such agreements by the 4,338
levy of taxes or assessments if otherwise authorized by the laws 4,339
governing such THE governmental agency in the construction of the 4,341
type of port authority facility provided for in the agreements, 4,342
and may pay the proceeds from the collection of such THE taxes or 4,344
assessments; or the governmental agency may issue bonds or notes, 4,345
if authorized by such THOSE laws, in anticipation of the 4,346
collection of such THE taxes or assessments, and may pay the 4,348
proceeds of such THE bonds or notes to the port authority 4,350
pursuant to such agreements. In addition, any governmental 4,351
100
agency may provide the funds for the payment of such A 4,352
contribution by the appropriation of money or, if otherwise 4,354
authorized by law, by the issuance of bonds or notes and may pay 4,355
such THE appropriated money or the proceeds of such THE bonds or 4,357
notes to the port authority pursuant to such agreements. The
agreement by the governmental agency to provide such A 4,358
contribution, whether from appropriated money or from the 4,359
proceeds of such taxes or assessments, or such bonds or notes, or 4,361
any combination thereof, shall not be subject to Chapter 133. of 4,362
the Revised Code or any rules or limitations contained therein. 4,363
The proceeds from the collection of such taxes or assessments, 4,364
and any interest earned thereon, shall be paid into a special 4,365
fund immediately upon the collection thereof by the governmental 4,366
agency for the purpose of providing such THE contribution at the 4,367
times required under such agreements. 4,368
When the contribution of any governmental agency is to be 4,370
made over a period of time from the proceeds of the collection of 4,371
special assessments, the interest accrued and to accrue before 4,372
the first installment of the assessments is collected, which is 4,373
payable by the governmental agency on the contribution under the 4,374
terms and provisions of the agreements, shall be treated as part 4,375
of the cost of the improvement for which the assessments are 4,376
levied, and that portion of such THE assessments as are THAT IS 4,378
collected in installments shall bear interest at the same rate as 4,379
the governmental agency is obligated to pay on the contribution 4,380
under the terms and provisions of the agreements and for the same 4,381
period of time as the contribution is to be made under the 4,382
agreements. If the assessment or any installment thereof is not 4,383
paid when due, it shall bear interest until the payment thereof 4,384
at the same rate as such THE contribution and the county auditor 4,385
shall annually place on the tax list and duplicate the interest 4,386
applicable to such THE assessment and the penalty thereon as 4,387
otherwise authorized by law. 4,388
Any governmental agency, pursuant to a favorable vote of 4,390
101
the electors in an election held before or after the effective 4,391
date of this section JULY 9, 1982, for the purpose of issuing 4,393
bonds to provide funds to acquire, construct, or equip, or 4,394
provide real estate and interests in real estate for, a port 4,395
authority facility, whether or not the governmental agency, at 4,396
the time of the election, had the authority to pay the proceeds 4,397
from such THE bonds or notes issued in anticipation of the bonds 4,399
to the port authority as provided in this section, may issue such 4,400
bonds or notes in anticipation of the issuance of the bonds and 4,401
pay the proceeds of such THE bonds or notes to the port authority 4,403
in accordance with its agreement with the port authority; 4,404
provided, that the legislative authority of the governmental 4,405
agency finds and determines that the port authority facility to 4,406
be acquired or constructed by the port authority in cooperation 4,407
with such THE governmental agency will serve the same public 4,409
purpose and meet substantially the same public need as the 4,410
facility otherwise proposed to be acquired or constructed by the 4,411
governmental agency with the proceeds of such THE bonds and 4,412
notes.
Sec. 4582.431. (A) A PORT AUTHORITY MAY ENTER INTO ANY 4,414
CONTRACTS OR OTHER ARRANGEMENTS WITH THE UNITED STATES 4,416
GOVERNMENT, OR ANY DEPARTMENT THEREOF, WITH PERSONS, RAILROADS, 4,417
OR OTHER CORPORATIONS, WITH PUBLIC CORPORATIONS, WITH PUBLIC 4,418
UTILITIES, AND WITH THE STATE GOVERNMENT OF THIS OR ANY OTHER 4,420
STATE, WITH COUNTIES, MUNICIPALITIES, TOWNSHIPS, OR OTHER 4,421
GOVERNMENTAL AGENCIES CREATED BY OR UNDER THE AUTHORITY OF THE 4,422
LAWS OF THIS STATE OR OTHER STATES, INCLUDING SEWERAGE, DRAINAGE, 4,423
CONSERVATION, CONSERVANCY, OR OTHER IMPROVEMENT DISTRICTS IN THIS 4,424
OR OTHER STATES OR THE GOVERNMENTS OR AGENCIES OF FOREIGN 4,425
COUNTRIES AS MAY BE NECESSARY OR CONVENIENT FOR THE EXERCISE OF 4,426
THE POWERS GRANTED BY SECTIONS 4582.21 TO 4582.59 OF THE REVISED 4,428
CODE, INCLUDING THE MAKING OF SURVEYS, INVESTIGATIONS, OR REPORTS 4,430
THEREON; PROVIDED THAT THE CONTRACTS OR ARRANGEMENTS SHALL NOT BE 4,431
IN VIOLATION OF SECTION 13 OR 16 OF ARTICLE VIII, OHIO 4,432
102
CONSTITUTION. THE PORT AUTHORITY MAY PURCHASE, LEASE, OR ACQUIRE 4,433
LAND OR OTHER PROPERTY IN ANY COUNTY OF THIS STATE AND IN 4,434
ADJOINING STATES FOR THE ACCOMPLISHMENT OF AUTHORIZED PURPOSES OF 4,435
THE PORT AUTHORITY, OR FOR THE IMPROVEMENT OF THE HARBOR AND PORT 4,436
FACILITIES OVER WHICH THE PORT AUTHORITY MAY HAVE JURISDICTION, 4,437
AND MAY LET CONTRACTS OR SPEND MONEY FOR THOSE PURPOSES, 4,438
INCLUDING DEVELOPMENT OF PORT FACILITIES IN ADJOINING STATES. 4,439
THE AUTHORITY GRANTED IN THIS SECTION TO ENTER INTO CONTRACTS OR 4,440
OTHER ARRANGEMENTS WITH THE UNITED STATES GOVERNMENT OR ANY 4,441
DEPARTMENT THEREOF, INCLUDES THE POWER TO ENTER INTO ANY 4,442
CONTRACTS, ARRANGEMENTS, OR AGREEMENTS THAT MAY BE NECESSARY TO 4,443
HOLD AND SAVE HARMLESS THE UNITED STATES FROM DAMAGES DUE TO THE 4,445
CONSTRUCTION AND MAINTENANCE BY THE UNITED STATES OF WORK THE 4,446
UNITED STATES UNDERTAKES.
ANY POLITICAL SUBDIVISION THAT HAS PARTICIPATED IN THE 4,448
CREATION OF A PORT AUTHORITY, OR IS WITHIN, OR ADJACENT TO A 4,449
POLITICAL SUBDIVISION THAT IS WITHIN, THE JURISDICTION OF A PORT 4,451
AUTHORITY, MAY ENTER INTO AN AGREEMENT, WHICH MAY BE AMENDED OR 4,452
SUPPLEMENTED, WITH THE PORT AUTHORITY TO ACCOMPLISH ANY OF THE 4,453
AUTHORIZED PURPOSES OF THE PORT AUTHORITY. THE AGREEMENT MAY SET 4,454
FORTH THE EXTENT TO WHICH THE PORT AUTHORITY SHALL ACT AS THE 4,455
AGENT OF THE POLITICAL SUBDIVISION.
(B) A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE 4,458
OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR 4,459
ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE 4,460
PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY 4,461
POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF 4,462
THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT 4,463
AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO 4,464
EXERCISE, PERFORM, OR RENDER. 4,465
UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE 4,467
LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND 4,468
ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE 4,469
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE 4,470
103
SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE 4,471
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY 4,472
OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT, 4,473
WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING 4,474
SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL 4,475
POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS 4,477
MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE 4,478
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE 4,479
AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY 4,480
CONTRACTING SUBDIVISION DIRECTLY. THE EXERCISE OF THOSE POWERS, 4,481
PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES 4,482
BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE 4,483
GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR 4,484
CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING 4,485
EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE 4,487
BEING RENDERED. ANY SUCH AGREEMENT SHALL NOT SUSPEND THE
POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF, 4,489
OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO 4,490
PERFORM ANY FUNCTION OR RENDER ANY SERVICE. A PORT AUTHORITY OR 4,491
ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY 4,492
AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR
EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND 4,493
ON BEHALF OF, ANY OTHER SUBDIVISION UNLESS APPROVED BY A MAJORITY 4,496
OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION. 4,497
Sec. 4582.46. The exercise of the powers granted by 4,506
sections 4582.22 to 4582.59 of the Revised Code will SHALL be for 4,508
the benefit of the people of the state, for the improvement of 4,509
their health, safety, convenience, and welfare, and for the 4,510
enhancement of their residential, agricultural, recreational, 4,511
economic, commercial, distributional DISTRIBUTION, research, and 4,512
industrial opportunities and is a public purpose. As the 4,514
operation and maintenance of port authority facilities will 4,515
constitute the performance of essential governmental functions, a 4,516
port authority shall not be required to pay any taxes or 4,517
104
assessments upon any port authority facility, upon any property 4,518
acquired or used by the port authority under sections 4582.22 to 4,519
4582.59 of the Revised Code, or upon the income therefrom, nor 4,520
shall the transfer to or from a port authority of title or 4,521
possession of any port authority facility, part thereof, or item 4,522
included or to be included in any such facility, be subject to 4,523
the taxes levied pursuant to Chapters 5739. and 5741. of the 4,524
Revised Code, provided, such THIS exemption does not apply to any 4,525
property belonging to any port authority while OCCUPIED AND USED 4,527
DURING A TAX YEAR BY a person WHO is a lessee of such THE 4,528
property AS OF THE TAX LIEN DATE FOR THAT TAX YEAR under A 4,529
written lease providing for a tenancy WITH A REMAINING TERM 4,530
longer than one year. The bonds and notes issued under this 4,532
chapter, their transfer, and the income therefrom, shall at all 4,533
times be free from taxation within the state. 4,534
Sec. 4582.47. (A) With respect to facilities, and their 4,543
financing, for industry, commerce, distribution, or research 4,544
AUTHORIZED PURPOSES, under agreements whereby the person to whom 4,546
the facility is to be leased, subleased, or sold, or to whom a 4,547
loan is to be made for the facility, is to make payments 4,548
sufficient to pay all of the principal of, premium, if any, and 4,549
interest on the port authority revenue bonds issued for the 4,550
facility, the port authority may, in addition to other powers 4,551
under sections 4582.22 to 4582.59 of the Revised Code, MAY DO ANY 4,552
OF THE FOLLOWING:
(1) Make loans for the acquisition or construction of the 4,554
facility to such person upon such terms as the port authority may 4,555
determine or authorize including secured or unsecured loans, and, 4,556
in connection therewith, enter into loan agreements and other 4,557
agreements, accept notes and other forms of obligation to 4,558
evidence such indebtedness and mortgages, liens, pledges, 4,559
assignments, or other security interests to secure such 4,560
indebtedness, which may be prior or subordinate to or on a parity 4,561
with other indebtedness, obligations, mortgages, pledges, 4,562
105
assignments, other security interests, or liens or encumbrances, 4,563
and take such actions as may be considered by it CONSIDERS 4,565
appropriate to protect such security and safeguard against 4,566
losses, including, without limitation, foreclosure and the 4,567
bidding upon and purchase of property upon foreclosure or other 4,568
sale;
(2) Sell such THE facility under such terms as it may 4,570
determine, including, without limitation, sale by conditional 4,571
sale or installment sale, under which title may pass prior to or 4,572
after completion of the facility or payment or provisions for 4,573
payment of all principal of, premium, if any, and interest on 4,574
such THE bonds, or at any other time provided in the agreement 4,575
pertaining to such THE sale, and including sale under an option 4,576
to purchase at a price which may be a nominal amount or less than 4,578
true value at the time of purchase; 4,579
(3) Grant a mortgage, lien, or other encumbrance on, or 4,581
pledge or assignment of, or other security interest with respect 4,582
to, all or any part of the facility, revenues, reserve funds, or 4,583
other funds established in connection with such THE bonds, or on, 4,585
of, or with respect to any lease, sublease, sale, conditional 4,586
sale or installment sale agreement, loan agreement, or other 4,587
agreement pertaining to the lease, sublease, sale, or other 4,588
disposition of a facility or pertaining to a loan made for a 4,589
facility, or any guaranty or insurance agreement made with 4,590
respect thereto, or any interest of the port authority therein, 4,591
or any other interest granted, assigned, or released to secure 4,592
payments of the principal of, premium, if any, or interest on the 4,593
bonds or to secure any other payments to be made by the port 4,594
authority, which mortgage, lien, encumbrance, pledge, assignment, 4,595
or other security interest may be prior or subordinate to or on a 4,596
parity with any other mortgage, assignment, or other security 4,597
interest, or lien or encumbrance; 4,598
(4) Provide that the interest on such THE bonds may be at 4,600
a variable rate or rates changing from time to time in accordance 4,601
106
with a base or formula as authorized by the port authority; 4,602
(5) Contract for the acquisition or construction of such 4,604
THE facility or any part thereof and for the leasing, subleasing, 4,605
sale, or other disposition of such THE facility in a manner 4,606
determined by the port authority in its sole discretion, without 4,607
necessity for competitive bidding or performance bonds. 4,608
(B) The port authority, in the lease, sale, or loan 4,610
agreement with respect to a facility referred to in division (A) 4,611
of this section, shall make; 4,612
(6) MAKE appropriate provision for adequate maintenance of 4,615
the facility.
(C)(B) With respect to the facilities referred to in this 4,617
section, the authority granted by this section is cumulative and 4,618
supplementary to all other authority granted in this chapter. The 4,620
authority granted by this section does not alter or impair any 4,621
similar authority granted elsewhere in this chapter for or with 4,622
respect to other facilities.
Sec. 4582.48. A port authority may at any time MAY issue 4,631
PORT AUTHORITY revenue bonds and notes in such principal amounts 4,632
as, in the opinion of the port authority, are necessary for the 4,634
purpose of paying the cost of one or more port authority 4,635
facilities or parts thereof. A port authority may at any time 4,636
MAY issue renewal notes, issue bonds to pay such RETIRE ITS notes 4,638
and whenever it deems CONSIDERS refunding expedient, refund any 4,640
bonds by the issuance of port authority revenue refunding bonds 4,641
of a political subdivision creating or participating in the 4,642
creation of the port authority whether the bonds to be refunded 4,643
have or have not matured, and issue PORT AUTHORITY REVENUE bonds 4,644
partly to refund bonds then outstanding BONDS and partly for any 4,645
other authorized purpose. The PORT AUTHORITY REVENUE refunding 4,647
bonds shall be sold and the proceeds applied to the purchase, 4,649
redemption, or payment of the bonds to be refunded. Except as 4,650
may otherwise be expressly provided by the port PORT authority, 4,651
every issue of its revenue bonds or notes shall be special 4,653
107
obligations of the port authority payable out of the revenues of 4,654
the port authority that are pledged for such payment, without 4,655
preference or priority of the first bonds issued, subject only to 4,656
any agreements with the holders of particular bonds or notes 4,657
pledging any particular revenues. Such THE pledge shall be valid 4,658
and binding from the time the pledge is made and the revenues so 4,660
pledged and thereafter received by the port authority shall 4,661
immediately SHALL be subject to the lien of the pledge without 4,663
any physical delivery thereof or further act, and the lien of any 4,664
such THE pledge is valid and binding as against all parties 4,666
having claims of any kind in tort, contract, or otherwise against 4,667
the port authority, irrespective of whether such THOSE parties 4,668
have notice thereof. Neither the resolution nor any trust 4,669
agreement by which a pledge is created need be filed or recorded 4,670
except in the records of the port authority. 4,671
Whether or not the PORT AUTHORITY REVENUE bonds or notes 4,673
are of such form and character as to be negotiable instruments, 4,675
the PORT AUTHORITY REVENUE bonds or notes shall have all the 4,677
qualities and incidents of negotiable instruments, subject only 4,678
to the provisions of the bonds or notes for registration. 4,679
The PORT AUTHORITY REVENUE bonds and notes shall be 4,681
authorized by resolution of the port authority, AND SHALL BEAR 4,683
INTEREST AT SUCH RATE OR RATES, shall bear such date or dates, 4,684
and shall mature at such time or times, in the case of any such 4,685
AND IN SUCH NUMBER OF INSTALLMENTS AS MAY BE PROVIDED IN OR 4,687
PURSUANT TO THAT RESOLUTION. THE FINAL MATURITY OF ANY PORT
AUTHORITY REVENUE BOND IN THE FORM OF A note or AND any renewals 4,690
thereof SHALL not exceeding EXCEED five years from the date of 4,691
issue of such THE original note and in the case of any such bond. 4,693
THE FINAL MATURITY OF ANY ORIGINAL ISSUE OF PORT AUTHORITY 4,694
REVENUE BONDS SHALL not exceeding EXCEED forty years from the 4,695
date of issue, and THE FINAL MATURITY OF ANY PORT AUTHORITY 4,696
REVENUE BONDS THAT REFUND OUTSTANDING PORT AUTHORITY REVENUE 4,697
BONDS SHALL NOT BE LATER THAN THE LATER OF FORTY YEARS FROM THE 4,698
108
DATE OF ISSUE OF THE ORIGINAL ISSUE OF BONDS OR THE DATE BY WHICH 4,699
IT IS EXPECTED, AT THE TIME OF ISSUANCE OF THE REFUNDING BONDS, 4,700
THAT THE USEFUL LIFE OF ALL OF THE PROPERTY REFINANCED WITH THE 4,701
PROCEEDS OF THE BONDS, OTHER THAN INTERESTS IN LAND, WILL HAVE 4,702
EXPIRED. ANY SUCH BONDS OR NOTES shall be executed in such A 4,705
manner as such THE resolution or resolutions may provide. The 4,707
PORT AUTHORITY REVENUE bonds and notes shall bear interest at 4,708
such rate or rates, be in such denominations, be in such form, 4,709
either coupon or registered, carry such registration privileges, 4,710
be payable in such medium of payment, at such place or places, 4,711
and be subject to such terms of redemption as the port authority 4,712
may authorize BE PROVIDED IN OR PURSUANT TO THE RESOLUTION 4,713
AUTHORIZING THEIR ISSUANCE. The PORT AUTHORITY REVENUE bonds and 4,715
notes of the port authority may be sold by the port authority, at 4,717
public or private sale, at or at not less than such A price or 4,719
prices as the port authority determines. In case any officer 4,720
whose signature or a facsimile of whose signature appears on any 4,721
bonds, notes, or coupons, ceases to be such officer before
delivery of bonds or notes, such THE signature or facsimile shall 4,723
nevertheless be sufficient for all purposes the same as if he THE 4,724
OFFICER had remained in office until such delivery, and in case 4,725
the seal of the port authority has been changed after a facsimile 4,727
has been imprinted on such bonds or notes, such THE facsimile 4,728
seal will continue to be sufficient for all purposes. 4,729
Any resolution or resolutions authorizing any PORT 4,731
AUTHORITY REVENUE bonds or notes or any issue of bonds or notes 4,733
may contain provisions, subject to such ANY agreements with 4,734
bondholders or noteholders as may then exist, which provisions 4,736
shall be a part of the contract with the holders of the bonds or 4,737
notes, as to the pledging of all or any part of the revenues of 4,738
the port authority to secure the payment of the PORT AUTHORITY 4,739
bonds or notes or of any issue of the bonds or notes; the use and 4,741
disposition of revenues of the port authority; a covenant to fix, 4,742
alter, and collect rentals and other charges so that pledged 4,743
109
revenues will be sufficient to pay costs of operation, 4,744
maintenance, and repairs, pay principal of and interest on bonds 4,745
or notes secured by the pledge of such revenues, and provide such 4,746
ANY reserves as THAT may be required by the applicable resolution 4,748
or trust agreement; the setting aside of reserve funds, sinking 4,749
funds, or replacement and improvement funds and the regulation 4,750
and disposition thereof; the crediting of the proceeds of the 4,751
sale of bonds or notes to and among the funds referred to or 4,752
provided for in OR PURSUANT TO the resolution authorizing the 4,754
issuance of the bonds or notes; the use, lease, sale, or other 4,755
disposition of any port authority facility or any other assets of 4,756
the port authority; limitations on the purpose to which the 4,757
proceeds of sale of bonds or notes may be applied and the
pledging of such THOSE proceeds to secure the payment of the 4,758
bonds or notes or of any issue of the bonds or notes; as to notes 4,760
issued in anticipation of the issuance of bonds, the agreement of 4,761
the port authority to do all things necessary for the 4,762
authorization, issuance, and sale of such THE bonds in such 4,763
amounts as THAT may be necessary for the timely retirement of 4,765
such THE notes; limitations on the issuance of additional bonds 4,767
or notes; the terms upon which additional bonds or notes may be 4,768
issued and secured; the refunding of outstanding bonds or notes; 4,769
the procedure, if any, by which the terms of any contract with 4,770
bondholders or noteholders may be amended or abrogated, the 4,771
amount of bonds or notes the holders of which must consent 4,772
thereto, and the manner in which such consent may be given; 4,773
limitations on the amount of moneys to be expended by the port 4,774
authority for operating, administrative, or other expenses of the 4,775
port authority; securing any bonds or notes by a trust agreement 4,776
in accordance with section 4582.50 of the Revised Code; and any 4,777
other matters, of like or different character, that in any way 4,778
affect the security or protection of the bonds or notes. 4,779
At least three days prior to the delivery of bonds issued 4,781
under authority of this section, the port authority shall send a 4,782
110
written notice by certified mail to the clerk of the legislative 4,783
authority of each political subdivision which participated in the 4,784
creation of the port authority advising such legislative 4,785
authority of the proposed delivery of the bonds, the amount of 4,786
the bonds, the user, and a general description of the facility or 4,787
facilities to be financed. 4,788
Neither the BOARD OF directors of the port authority nor 4,790
any person executing the bonds or notes shall be liable 4,791
personally on the bonds or notes or be subject to any personal 4,792
liability or accountability by reason of the issuance thereof. 4,793
Sec. 4582.50. In the discretion of the port authority, any 4,802
port authority revenue bonds issued under sections 4582.22 to 4,803
4582.59 of the Revised Code, may be secured by a trust agreement 4,804
between the port authority and a corporate trustee, which trustee 4,805
THAT may be any trust company or bank having the powers of a 4,806
trust company within or without the state. 4,807
Any such THE trust agreement may pledge or assign revenues 4,809
of the port authority to be received and may convey or mortgage 4,810
any port authority facility or any part thereof. Any such THE 4,811
trust agreement or any resolution providing for the issuance of 4,812
such bonds or notes may contain such ANY provisions for 4,813
protecting and enforcing the rights and remedies of the 4,815
bondholders or noteholders as are reasonable and proper and not 4,816
in violation of law, including covenants setting forth the duties 4,817
of the port authority in relation to the acquisition of property, 4,818
the construction, improvement, maintenance, repair, operation, 4,819
and insurance of the port authority facility in connection with 4,820
which such THE bonds or notes are authorized, the rentals or 4,821
other charges to be imposed for the use or services of any port 4,824
authority facility, the custody, safeguarding, and application of 4,825
all moneys, and provisions for the employment of consulting 4,826
engineers in connection with the construction or operation of 4,827
such THE port authority facility. Any bank or trust company 4,829
incorporated under the laws of this state that may act as 4,830
111
depository of the proceeds of bonds or notes or of revenues may 4,831
furnish such ANY indemnifying bonds or may pledge such ANY 4,833
securities as THAT are required by the port authority. Any such 4,835
THE trust agreement may set forth the rights and remedies of the 4,837
bondholders and noteholders and of the trustee, and may restrict 4,838
the individual right of action by bondholders and noteholders as 4,839
is customary in trust agreements or trust indentures securing 4,840
similar bonds. Such THE trust agreement may contain such ANY 4,841
other provisions as THAT the port authority determines reasonable 4,843
and proper for the security of the bondholders or noteholders. 4,844
All expenses incurred in carrying out the provisions of any such 4,845
THE trust agreement may be treated as a part of the cost of the 4,847
operation of the port authority facility.
Sec. 4582.52. Port authority revenue bonds issued under 4,856
sections 4582.22 to 4582.59 of the Revised Code do not constitute 4,857
a debt, or a pledge of the faith and credit, of the state or any 4,858
political subdivision of the state, and the holders or owners of 4,859
the bonds have no right to have taxes levied by the general 4,860
assembly or taxing authority of any political subdivision of the 4,861
state for the payment of the principal of or interest on the 4,862
bonds, but such THE bonds and notes are payable solely from the 4,864
revenues and funds pledged for their payment as authorized by 4,865
such THOSE sections, unless the notes are issued in anticipation 4,866
of the issuance of bonds or the bonds are refunded by refunding 4,868
bonds issued under such THOSE sections, which bonds or refunding 4,869
bonds shall be payable solely from revenues and funds pledged for 4,871
their payment as authorized by such THOSE sections. All such THE 4,873
bonds and notes shall contain on the face thereof a statement to 4,874
the effect that the bonds or notes, as to both principal and 4,875
interest, are not debts of the state or any political subdivision 4,876
of the state, but are payable solely from revenues and funds 4,877
pledged for their payment. 4,878
Sec. 4582.54. Moneys in the funds of the port authority, 4,887
except as otherwise provided in any resolution authorizing the 4,888
112
issuance of its port authority revenue bonds or in any trust 4,889
agreement securing the same, in excess of current needs, may be 4,891
invested in notes, bonds, or other obligations of the United
States or any agency or instrumentality of the United States, or 4,892
in obligations of this state or any political subdivision of this 4,894
state AS PERMITTED BY SECTIONS 135.01 TO 135.21 OF THE REVISED 4,895
CODE. Income from all such investments of moneys in any fund 4,897
shall be credited to such funds as the port authority determines, 4,898
subject to the provisions of any such resolution or trust 4,899
agreement, and such investments may be sold at such ANY time as 4,901
the port authority determines. 4,902
Sec. 4582.58. (A) All final actions of the port authority 4,911
shall be journalized and such THE journal and the records of the 4,914
port authority shall be open to public inspection at all 4,916
reasonable times, except that any records or information relating 4,917
to marketing plans, specific business strategy, financial
projections, financial statements, or secret processes or secret 4,919
methods of manufacture or production that may be obtained by the 4,920
port authority or other persons acting under sections 4582.22 to 4,921
4852.59 of the Revised Code are confidential and shall not be 4,922
disclosed. NOT LATER THAN THE FIRST DAY OF APRIL EVERY YEAR, 4,923
EVERY PORT AUTHORITY SHALL SUBMIT A REPORT TO THE DIRECTOR OF
DEVELOPMENT DETAILING THE PROJECTS AND ACTIVITIES OF THE PORT 4,924
AUTHORITY DURING THE PREVIOUS CALENDAR YEAR. THE REPORT SHALL 4,925
INCLUDE, BUT NOT BE LIMITED TO, ALL ASPECTS OF THOSE PROJECTS AND 4,926
ACTIVITIES, INCLUDING THE PROGRESS AND STATUS OF THE PROJECTS AND 4,927
THEIR COSTS, AND ANY OTHER INFORMATION THE DIRECTOR DETERMINES 4,928
SHOULD BE INCLUDED IN THE REPORT.
(B) FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING TRADE 4,931
SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER TO A PORT 4,932
AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY CONTRACT TO 4,933
PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT AUTHORITY, IN 4,934
CONNECTION WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, 4,935
OR PRESERVATION OF THE BUSINESS OF THAT EMPLOYER IS NOT A PUBLIC 4,936
113
RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE. ANY OTHER 4,938
INFORMATION SUBMITTED BY SUCH AN EMPLOYER UNDER THOSE 4,939
CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF 4,940
THE REVISED CODE UNTIL THAT EMPLOYER COMMITS IN WRITING TO 4,943
PROCEED WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR 4,944
PRESERVATION.
(C) NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE, 4,948
THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF 4,949
TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (B) OF 4,951
THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN 4,952
CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS 4,953
SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT 4,954
INFORMATION PURSUANT TO A VOTE OF THE MAJORITY OF THE MEMBERS 4,955
PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE 4,956
CONSIDERED. NO OTHER MATTERS SHALL BE CONSIDERED DURING THE 4,957
CLOSED SESSION. 4,958
Sec. 4582.99. Whoever violates division (M)(N) of section 4,967
4582.06 or division (N) of section 4582.31 of the Revised Code is 4,969
guilty of a minor misdemeanor.
Section 2. That existing sections 9.981, 109.71, 109.77, 4,971
109.78, 349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01, 4,973
4582.02, 4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06, 4,974
4582.10, 4582.11, 4582.12, 4582.17, 4582.20, 4582.201, 4582.202, 4,975
4582.21, 4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29, 4,977
4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.43, 4,978
4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 4582.58, 4,979
and 4582.99 and sections 4582.021, 4582.022, 4582.23, 4582.24,
and 4582.56 of the Revised Code are hereby repealed. 4,980