As Reported by House Transportation and Public Safety Committee   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-REPRESENTATIVES PATTON-CAREY-BENDER-MEAD-      9            

                    KRUPINSKI-CLANCY-BRITTON                       10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 9.981, 109.71, 109.77, 109.78,      14           

                349.01, 2901.01, 2921.51, 2935.01, 2935.03,        16           

                4582.01, 4582.02, 4582.023, 4582.03, 4582.04,                   

                4582.041, 4582.05, 4582.06, 4582.10, 4582.11,      17           

                4582.12, 4582.17, 4582.20, 4582.201, 4582.202,     18           

                4582.21, 4582.22, 4582.25, 4582.26, 4582.27,                    

                4582.28, 4582.29, 4582.30, 4582.31, 4582.35,       20           

                4582.36, 4582.37, 4582.38, 4582.43, 4582.46,       21           

                4582.47, 4582.48, 4582.50, 4582.52, 4582.54,                    

                4582.58, and 4582.99, to enact sections 1724.11,   22           

                4582.091, and 4582.431, and to repeal sections     23           

                4582.021, 4582.022, 4582.23, 4582.24, and 4582.56  24           

                of the Revised Code to comprehensively revise the  25           

                powers and duties of port authorities, to enhance  26           

                the ability of port authorities and other          27           

                political subdivisions to cooperate in the                      

                accomplishment of mutual objectives, to establish  28           

                more consistency between the statutes governing    29           

                port authorities established on or before July 9,  30           

                1982, and those established after that date, and                

                to make other changes in the laws governing port   31           

                authorities.                                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 9.981, 109.71, 109.77, 109.78,     34           

                                                          2      


                                                                 
349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01, 4582.02,      36           

4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06, 4582.10,   37           

4582.11, 4582.12, 4582.17, 4582.20, 4582.201, 4582.202, 4582.21,   38           

4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29, 4582.30,     40           

4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.43, 4582.46,     41           

4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 4582.58, and 4582.99  42           

be amended and sections 1724.11, 4582.091, and 4582.431 of the     44           

Revised Code be enacted to read as follows:                                     

      Sec. 9.981.  (A)  Sections 9.98 to 9.983 of the Revised      53           

Code are applicable to bonds:                                      54           

      (1)  The payment of the debt service on which is to be       56           

provided for directly or indirectly by payments contracted to be   57           

made in the bond proceedings by the absolute obligors, being       58           

persons other than the issuer; and                                 59           

      (2)  Which are authorized to be issued under sections        61           

122.39 to 122.62, Chapter 165., 902., 3377., 3706., division (E)   62           

(D) of section 4582.06, division (H) of section 4582.31, SECTION   64           

4582.48, or Chapter 6121. or 6123. of the Revised Code,            66           

notwithstanding other provisions therein.                          67           

      (B)  Sections 9.98 to 9.983 of the Revised Code are          69           

applicable to bonds issued under Chapters 140., 152., 154., 175.,  70           

and 349. of the Revised Code, and to any bonds authorized under    71           

laws which expressly make those sections applicable.               72           

      (C)  Subject to division (A) of this section, the authority  74           

provided in sections 9.98 to 9.983 of the Revised Code is          75           

supplemental to and not in derogation of any similar authority     76           

provided by, derived from, or implied by, any law, the Ohio        77           

constitution CONSTITUTION, or any charter, resolution, or          79           

ordinance, and no inference shall be drawn to negate the           80           

authority thereunder by reason of the express provisions of        81           

sections 9.98 to 9.983 of the Revised Code.                        82           

      (D)  Sections 9.98 to 9.983 of the Revised Code shall be     84           

liberally construed to permit flexibility in the arrangements      85           

therein provided to enhance the issuance of such bonds and         86           

                                                          3      


                                                                 
provide for terms most beneficial and satisfactory to the persons  87           

which undertake to provide for their payment, security, and        88           

liquidity.                                                         89           

      Sec. 109.71.  There is hereby created in the office of the   98           

attorney general the Ohio peace officer training commission.  The  99           

commission shall consist of nine members appointed by the          100          

governor with the advice and consent of the senate and selected    101          

as follows:  one member representing the public; two members who   102          

are incumbent sheriffs; two members who are incumbent chiefs of    103          

police; one member from the bureau of criminal identification and  104          

investigation; one member from the state highway patrol; one       105          

member who is the special agent in charge of a field office of     106          

the federal bureau of investigation in this state; and one member  107          

from the department of education, trade and industrial education   109          

services, law enforcement training.                                             

      As used in sections 109.71 to 109.77 of the Revised Code:    111          

      (A)  "Peace officer" means:                                  113          

      (1)  A deputy sheriff, marshal, deputy marshal, member of    115          

the organized police department of a township or municipal         116          

corporation, member of a township police district or joint         117          

township police district police force, member of a police force    118          

employed by a metropolitan housing authority under division (D)    119          

of section 3735.31 of the Revised Code, or township constable,     120          

who is commissioned and employed as a peace officer by a           121          

political subdivision of this state or by a metropolitan housing   122          

authority, and whose primary duties are to preserve the peace, to  123          

protect life and property, and to enforce the laws of this state,  124          

ordinances of a municipal corporation, resolutions of a township,  125          

or regulations of a board of county commissioners or board of      126          

township trustees, or any such laws, ordinances, resolutions, or   127          

regulations;                                                                    

      (2)  A police officer who is employed by a railroad company  129          

and appointed and commissioned by the governor pursuant to         130          

sections 4973.17 to 4973.22 of the Revised Code;                   131          

                                                          4      


                                                                 
      (3)  Employees of the department of taxation engaged in the  133          

enforcement of Chapter 5743. of the Revised Code and designated    134          

by the tax commissioner for peace officer training for purposes    135          

of the delegation of investigation powers under section 5743.45    136          

of the Revised Code;                                               137          

      (4)  An undercover drug agent;                               139          

      (5)  Liquor control investigators of the department of       141          

public safety engaged in the enforcement of Chapters 4301. and     142          

4303. of the Revised Code;                                                      

      (6)  An employee of the department of natural resources who  144          

is a natural resources law enforcement staff officer designated    145          

pursuant to section 1501.013, a park officer designated pursuant   146          

to section 1541.10, a forest officer designated pursuant to        149          

section 1503.29, a preserve officer designated pursuant to         150          

section 1517.10, a wildlife officer designated pursuant to         151          

section 1531.13, or a state watercraft officer designated          152          

pursuant to section 1547.521 of the Revised Code;                  153          

      (7)  An employee of a park district who is designated        155          

pursuant to section 511.232 or 1545.13 of the Revised Code;        156          

      (8)  An employee of a conservancy district who is            158          

designated pursuant to section 6101.75 of the Revised Code;        159          

      (9)  A police officer who is employed by a hospital that     161          

employs and maintains its own proprietary police department or     162          

security department, and who is appointed and commissioned by the  163          

governor pursuant to sections 4973.17 to 4973.22 of the Revised    164          

Code;                                                              165          

      (10)  Ohio veterans' home police officers designated under   167          

section 5907.02 of the Revised Code;                               168          

      (11)  A police officer who is employed by a qualified        170          

nonprofit corporation police department pursuant to section        171          

1702.80 of the Revised Code;                                       172          

      (12)  A state university law enforcement officer appointed   174          

under section 3345.04 of the Revised Code or a person serving as   175          

a state university law enforcement officer on a permanent basis    176          

                                                          5      


                                                                 
on June 19, 1978, who has been awarded a certificate by the        177          

executive director of the Ohio peace officer training council      178          

attesting to the person's satisfactory completion of an approved   179          

state, county, municipal, or department of natural resources       180          

peace officer basic training program;                                           

      (13)  A special police officer employed by the department    182          

of mental health pursuant to section 5119.14 of the Revised Code   183          

or the department of mental retardation and developmental          184          

disabilities pursuant to section 5123.13 of the Revised Code;      185          

      (14)  A member of a campus police department appointed       187          

under section 1713.50 of the Revised Code;                         188          

      (15)  A member of a police force employed by a regional      190          

transit authority under division (Y) of section 306.35 of the      191          

Revised Code;                                                                   

      (16)  Food stamp trafficking agents of the department of     193          

public safety designated under section 5502.14 of the Revised      195          

Code;                                                                           

      (17)  Investigators appointed by the auditor of state        197          

pursuant to section 117.091 of the Revised Code and engaged in     198          

the enforcement of Chapter 117. of the Revised Code;               199          

      (18)  A special police officer designated by the             201          

superintendent of the state highway patrol pursuant to section     202          

5503.09 of the Revised Code or a person who was serving as a       203          

special police officer pursuant to that section on a permanent     205          

basis on October 21, 1997, and who has been awarded a certificate  207          

by the executive director of the Ohio peace officer training       208          

commission attesting to the person's satisfactory completion of    209          

an approved state, county, municipal, or department of natural     210          

resources peace officer basic training program;                    211          

      (19)  A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY  213          

UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE OR A PERSON   215          

SERVING AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY   216          

ON A PERMANENT BASIS ON THE EFFECTIVE DATE OF THIS AMENDMENT WHO   217          

HAS BEEN AWARDED A CERTIFICATE BY THE EXECUTIVE DIRECTOR OF THE    218          

                                                          6      


                                                                 
OHIO PEACE OFFICER TRAINING COUNCIL ATTESTING TO THE PERSON'S      219          

SATISFACTORY COMPLETION OF AN APPROVED STATE, COUNTY, MUNICIPAL,   220          

OR DEPARTMENT OF NATURAL RESOURCES PEACE OFFICER BASIC TRAINING    221          

PROGRAM.                                                           222          

      (B)  "Undercover drug agent" has the same meaning as in      224          

division (B)(2) of section 109.79 of the Revised Code.             225          

      (C)  "Crisis intervention training" means training in the    227          

use of interpersonal and communication skills to most effectively  228          

and sensitively interview victims of rape.                         229          

      (D)  "Missing children" has the same meaning as in section   231          

2901.30 of the Revised Code.                                       232          

      Sec. 109.77.  (A)  As used in this section, "felony" has     242          

the same meaning as in section 109.511 of the Revised Code.        243          

      (B)(1)  Notwithstanding any general, special, or local law   246          

or charter to the contrary, and except as otherwise provided in    247          

this section, no person shall receive an original appointment on   248          

a permanent basis as any of the following unless the person        249          

previously has been awarded a certificate by the executive         250          

director of the Ohio peace officer training commission attesting   251          

to the person's satisfactory completion of an approved state,      252          

county, municipal, or department of natural resources peace        253          

officer basic training program:                                                 

      (a)  A peace officer of any county, township, municipal      255          

corporation, regional transit authority, or metropolitan housing   256          

authority;                                                                      

      (b)  A natural resources law enforcement staff officer,      258          

park officer, forest officer, preserve officer, wildlife officer,  260          

or state watercraft officer of the department of natural           261          

resources;                                                                      

      (c)  An employee of a park district under section 511.232    263          

or 1545.13 of the Revised Code;                                    264          

      (d)  An employee of a conservancy district who is            266          

designated pursuant to section 6101.75 of the Revised Code;        267          

      (e)  A state university law enforcement officer;             269          

                                                          7      


                                                                 
      (f)  A special police officer employed by the department of  271          

mental health pursuant to section 5119.14 of the Revised Code or   272          

the department of mental retardation and developmental             273          

disabilities pursuant to section 5123.13 of the Revised Code;      274          

      (g)  A food stamp trafficking agent of the department of     276          

public safety designated under section 5502.14 of the Revised      277          

Code;                                                                           

      (h)  A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY   279          

UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE.              280          

      (2)  Every person who is appointed on a temporary basis or   282          

for a probationary term or on other than a permanent basis as any  283          

of the following shall forfeit the appointed position unless the   285          

person previously has completed satisfactorily or, within the      286          

time prescribed by rules adopted by the attorney general pursuant  287          

to section 109.74 of the Revised Code, satisfactorily completes a  288          

state, county, municipal, or department of natural resources       289          

peace officer basic training program for temporary or              290          

probationary officers and is awarded a certificate by the          291          

director attesting to the satisfactory completion of the program:  292          

      (a)  A peace officer of any county, township, municipal      294          

corporation, regional transit authority, or metropolitan housing   295          

authority;                                                                      

      (b)  A natural resources law enforcement staff officer,      297          

park officer, forest officer, preserve officer, wildlife officer,  299          

or state watercraft officer of the department of natural           300          

resources;                                                                      

      (c)  An employee of a park district under section 511.232    302          

or 1545.13 of the Revised Code;                                    303          

      (d)  An employee of a conservancy district who is            305          

designated pursuant to section 6101.75 of the Revised Code;        306          

      (e)  A special police officer employed by the department of  308          

mental health pursuant to section 5119.14 of the Revised Code or   309          

the department of mental retardation and developmental             310          

disabilities pursuant to section 5123.13 of the Revised Code;      311          

                                                          8      


                                                                 
      (f)  A food stamp trafficking agent of the department of     313          

public safety designated under section 5502.14 of the Revised      314          

Code;                                                                           

      (g)  A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY   316          

UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE.              317          

      (3)  For purposes of division (B) of this section, a state,  319          

county, municipal, or department of natural resources peace        320          

officer basic training program, regardless of whether the program  321          

is to be completed by peace officers appointed on a permanent or   322          

temporary, probationary, or other nonpermanent basis, shall        323          

include at least fifteen hours of training in the handling of the  324          

offense of domestic violence, other types of domestic              325          

violence-related offenses and incidents, and protection orders     326          

and consent agreements issued or approved under section 2919.26    327          

or 3113.31 of the Revised Code and at least six hours of crisis    328          

intervention training.  The requirement to complete fifteen hours  329          

of training in the handling of the offense of domestic violence,   330          

other types of domestic violence-related offenses and incidents,   331          

and protection orders and consent agreements issued or approved    332          

under section 2919.26 or 3113.31 of the Revised Code does not      333          

apply to any person serving as a peace officer on March 27, 1979,  334          

and the requirement to complete six hours of training in crisis    335          

intervention does not apply to any person serving as a peace       336          

officer on April 4, 1985.  Any person who is serving as a peace    337          

officer on April 4, 1985, who terminates that employment after     338          

that date, and who subsequently is hired as a peace officer by     339          

the same or another law enforcement agency shall complete the six  340          

hours of training in crisis intervention within the time           341          

prescribed by rules adopted by the attorney general pursuant to    342          

section 109.742 of the Revised Code.  No peace officer shall have  343          

employment as a peace officer terminated and then be reinstated    344          

with intent to circumvent this section.                            345          

      (4)  Division (B) of this section does not apply to any      347          

person serving on a permanent basis on March 28, 1985, as a park   348          

                                                          9      


                                                                 
officer, forest officer, preserve officer, wildlife officer, or    349          

state watercraft officer of the department of natural resources    350          

or as an employee of a park district under section 511.232 or      351          

1545.13 of the Revised Code, to any person serving on a permanent  352          

basis on March 6, 1986, as an employee of a conservancy district   353          

designated pursuant to section 6101.75 of the Revised Code, to     354          

any person serving on a permanent basis on January 10, 1991, as a  355          

preserve officer of the department of natural resources, to any    357          

person employed on a permanent basis on July 2, 1992, as a                      

special police officer by the department of mental health          359          

pursuant to section 5119.14 of the Revised Code or by the          360          

department of mental retardation and developmental disabilities    361          

pursuant to section 5123.13 of the Revised Code, TO ANY PERSON     362          

SERVING ON A PERMANENT BASIS ON THE EFFECTIVE DATE OF THIS         363          

AMENDMENT AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT                        

AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE,    364          

or to any person serving on a permanent basis on June 19, 1978,    366          

as a state university law enforcement officer pursuant to section  367          

3345.04 of the Revised Code and who, immediately prior to June                  

19, 1978, was serving as a special police officer designated       369          

under authority of that section.                                                

      (5)  Division (B) of this section does not apply to any      371          

person who is appointed as a regional transit authority police     372          

officer pursuant to division (Y) of section 306.35 of the Revised  373          

Code if, on or before July 1, 1996, the person has completed       374          

satisfactorily an approved state, county, municipal, or            376          

department of natural resources peace officer basic training       377          

program and has been awarded a certificate by the executive                     

director of the Ohio peace officer training commission attesting   378          

to the person's satisfactory completion of such an approved        379          

program and if, on July 1, 1996, the person is performing peace    380          

officer functions for a regional transit authority.                381          

      (C)  No person, after September 20, 1984, shall receive an   383          

original appointment on a permanent basis as a liquor control      384          

                                                          10     


                                                                 
investigator or food stamp trafficking agent of the department of  385          

public safety, engaged in the enforcement of Chapters 4301. and    386          

4303. of the Revised Code, or as an Ohio veterans' home police     387          

officer designated under section 5907.02 of the Revised Code       390          

unless the person previously has been awarded a certificate by     391          

the executive director of the Ohio peace officer training                       

commission attesting to the person's satisfactory completion of    392          

an approved police officer basic training program.  Every person   393          

who is appointed on a temporary basis or for a probationary term   395          

or on other than a permanent basis as a liquor control             396          

investigator of the department of public safety, engaged in the    397          

enforcement of Chapters 4301. and 4303. of the Revised Code, or    398          

as an Ohio veterans' home police officer designated under section  399          

5907.02 of the Revised Code shall forfeit that position unless     400          

the person previously has completed satisfactorily or, within one  401          

year from the time of appointment, satisfactorily completes an     403          

approved police officer basic training program.                    404          

      No person, beginning on October 29, 1995, shall receive an   407          

original appointment on a permanent basis as a food stamp          408          

trafficking agent of the department of public safety authorized    409          

to enforce Chapter 5502. and sections 2913.46 and 5101.54 of the   411          

Revised Code and engaged in the enforcement of laws and rules                   

described in section 5502.14 of the Revised Code unless the        412          

person previously has been awarded a certificate by the executive  414          

director of the Ohio peace officer training commission attesting   415          

to the person's satisfactory completion of an approved police                   

officer basic training program.  Every person who is appointed on  417          

a temporary BASIS or for a probationary term or on other than a    418          

permanent basis as a food stamp trafficking agent shall forfeit    419          

that position unless the person previously has completed           420          

satisfactorily, or within one year from the time of the            421          

appointment satisfactorily completes, an approved police officer   422          

basic training program.                                            423          

      (D)  No bailiff or deputy bailiff of a court of record of    425          

                                                          11     


                                                                 
this state and no criminal investigator who is employed by the     426          

state public defender shall carry a firearm, as defined in         427          

section 2923.11 of the Revised Code, while on duty unless the      428          

bailiff, deputy bailiff, or criminal investigator has done or      430          

received one of the following:                                                  

      (1)  Has been awarded a certificate by the executive         432          

director of the Ohio peace officer training commission, which      433          

certificate attests to satisfactory completion of an approved      434          

state, county, or municipal basic training program for bailiffs    435          

and deputy bailiffs of courts of record and for criminal           436          

investigators employed by the state public defender that has been  437          

recommended by the Ohio peace officer training commission;         438          

      (2)  Has successfully completed a firearms training program  441          

approved by the Ohio peace officer training commission prior to    442          

employment as a bailiff, deputy bailiff, or criminal               443          

investigator;                                                                   

      (3)  Prior to June 6, 1986, was authorized to carry a        446          

firearm by the court that employed the bailiff or deputy bailiff   447          

or, in the case of a criminal investigator, by the state public    449          

defender and has received training in the use of firearms that     450          

the Ohio peace officer training commission determines is           451          

equivalent to the training that otherwise is required by division  452          

(D) of this section.                                               453          

      (E)(1)  Prior to awarding any certificate prescribed in      456          

this section, the executive director of the Ohio peace officer     457          

training commission shall request the person to whom the           458          

certificate is to be awarded to disclose, and the person shall     459          

disclose, any previous criminal conviction of or plea of guilty    460          

of that person to a felony.                                                     

      (2)  Prior to the award by the executive director of the     463          

commission of any certificate prescribed in this section, the      464          

prospective employer of the person to whom the certificate is to   465          

be awarded or the commander of the peace officer training school   466          

attended by that person shall request the bureau of criminal                    

                                                          12     


                                                                 
identification and investigation to conduct a criminal history     468          

records check on the person.  Upon receipt of the request, the     469          

bureau promptly shall conduct a criminal history records check on  470          

the person and, upon completion of the check, promptly shall                    

provide a copy of the criminal history records check to the        471          

prospective employer or peace officer training school commander    472          

that made the request. Upon receipt of the copy of the criminal    474          

history records check from the bureau, the prospective employer                 

or peace officer training school commander that made the request   475          

shall submit the copy to the executive director of the Ohio peace  477          

officer training commission.  The executive director shall not     478          

award any certificate prescribed in this section unless the        479          

executive director has received a copy of the criminal history                  

records check on the person to whom the certificate is to be       480          

awarded.                                                                        

      (3)  The executive director of the commission shall not      482          

award a certificate prescribed in this section to a person who     483          

has been convicted of or has pleaded guilty to a felony or who     484          

fails to disclose any previous criminal conviction of or plea of   485          

guilty to a felony as required under division (E)(1) of this       486          

section.                                                                        

      (4)  The executive director of the commission shall revoke   488          

the certificate awarded to a person as prescribed in this          489          

section, and that person shall forfeit all of the benefits         490          

derived from being certified as a peace officer under this         491          

section, if the person, prior to the award of the certificate,     492          

failed to disclose any previous criminal conviction of or plea of  493          

guilty to a felony as required under division (E)(1) of this       495          

section.                                                                        

      (F)(1)  Regardless of whether the person has been awarded    497          

the certificate or has been classified as a peace officer prior    498          

to, on, or after the effective date of this amendment OCTOBER 16,  501          

1996, the executive director of the Ohio peace officer training    502          

commission shall revoke any certificate that has been awarded to   503          

                                                          13     


                                                                 
a person as prescribed in this section if the person does either   504          

of the following:                                                               

      (a)  Pleads guilty to a felony committed on or after         506          

January 1, 1997.                                                   507          

      (b)  Pleads guilty to a misdemeanor committed on or after    510          

January 1, 1997, pursuant to a negotiated plea agreement as        511          

provided in division (D) of section 2929.29 of the Revised Code    512          

in which the person agrees to surrender the certificate awarded    514          

to the person under this section.                                  515          

      (2)  The executive director of the commission shall suspend  517          

any certificate that has been awarded to a person as prescribed    518          

in this section if the person is convicted, after trial, of a      519          

felony committed on or after January 1, 1997.  The executive       521          

director shall suspend the certificate pursuant to division        522          

(F)(2) of this section pending the outcome of an appeal by the     523          

person from that conviction to the highest court to which the      525          

appeal is taken or until the expiration of the period in which an  526          

appeal is required to be filed.  If the person files an appeal     527          

that results in that person's acquittal of the felony or           528          

conviction of a misdemeanor, or in the dismissal of the felony     529          

charge against that person, the executive director shall           530          

reinstate the certificate awarded to the person under this         531          

section.  If the person files an appeal from that person's                      

conviction of the felony and the conviction is upheld by the       533          

highest court to which the appeal is taken or if the person does   534          

not file a timely appeal, the executive director shall revoke the  535          

certificate awarded to the person under this section.              536          

      (G)(1)  If a person is awarded a certificate under this      539          

section and the certificate is revoked pursuant to division                     

(E)(4) or (F) of this section, the person shall not be eligible    541          

to receive, at any time, a certificate attesting to the person's   542          

satisfactory completion of a peace officer basic training          543          

program.                                                                        

      (2)  The revocation or suspension of a certificate under     545          

                                                          14     


                                                                 
division (E)(4) or (F) of this section shall be in accordance      546          

with Chapter 119. of the Revised Code.                             547          

      (H)(1)  A person who was employed as a peace officer of a    549          

county, township, or municipal corporation of the state on         550          

January 1, 1966, and who has completed at least sixteen years of   551          

full-time active service as such a peace officer may receive an    552          

original appointment on a permanent basis and serve as a peace     553          

officer of a county, township, or municipal corporation, or as a   554          

state university law enforcement officer, without complying with   555          

the requirements of division (B) of this section.                  556          

      (2)  Any person who held an appointment as a state highway   558          

trooper on January 1, 1966, may receive an original appointment    559          

on a permanent basis and serve as a peace officer of a county,     560          

township, or municipal corporation, or as a state university law   561          

enforcement officer, without complying with the requirements of    562          

division (B) of this section.                                      563          

      (I)  No person who is appointed as a peace officer of a      565          

county, township, or municipal corporation on or after April 9,    566          

1985, shall serve as a peace officer of that county, township, or  567          

municipal corporation unless the person has received training in   568          

the handling of missing children and child abuse and neglect       569          

cases from an approved state, county, township, or municipal       570          

police officer basic training program or receives the training     571          

within the time prescribed by rules adopted by the attorney        572          

general pursuant to section 109.741 of the Revised Code.           573          

      (J)  No part of any approved state, county, or municipal     575          

basic training program for bailiffs and deputy bailiffs of courts  576          

of record and no part of any approved state, county, or municipal  577          

basic training program for criminal investigators employed by the  578          

state public defender shall be used as credit toward the           579          

completion by a peace officer of any part of the approved state,   580          

county, or municipal peace officer basic training program that     581          

the peace officer is required by this section to complete          582          

satisfactorily.                                                    583          

                                                          15     


                                                                 
      (K)  This section does not apply to any member of the        585          

police department of a municipal corporation in an adjoining       586          

state serving in this state under a contract pursuant to section   587          

737.04 of the Revised Code.                                        588          

      Sec. 109.78.  (A)  The executive director of the Ohio peace  598          

officer training commission, on behalf of the commission and in    600          

accordance with rules promulgated by the attorney general, shall   601          

certify persons who have satisfactorily completed approved         602          

training programs designed to qualify persons for positions as     603          

special police, security guards, or persons otherwise privately    605          

employed in a police capacity and issue appropriate certificates   606          

to such persons.  Application for approval of a training program   607          

designed to qualify persons for such positions shall be made to    608          

the commission.  An application for approval shall be submitted    610          

to the commission with a fee of one hundred twenty-five dollars,   612          

which fee shall be refunded if the application is denied.  Such    613          

programs shall cover only duties and jurisdiction of such          614          

security guards and special police privately employed in a police  616          

capacity when such officers do not qualify for training under      617          

section 109.71 of the Revised Code.  A person attending an         618          

approved basic training program administered by the state shall    619          

pay to the agency administering the program the cost of the        620          

person's participation in the program as determined by the         621          

agency.  A person attending an approved basic training program     622          

administered by a county or municipal corporation shall pay the    623          

cost of the person's participation in the program, as determined   625          

by the administering subdivision, to the county or the municipal   626          

corporation.  A person who is issued a certificate for             627          

satisfactory completion of an approved basic training program      628          

shall pay to the commission a fee of fifteen dollars.  A           629          

duplicate of a lost, spoliated, or destroyed certificate may be    631          

issued upon application and payment of a fee of fifteen dollars.   632          

Such certificate or the completion of twenty years of active duty  633          

as a peace officer shall satisfy the educational requirements for  634          

                                                          16     


                                                                 
appointment or commission as a special police officer or special   636          

deputy of a political subdivision of this state.                   637          

      (B)(1)  The executive director of the Ohio peace officer     639          

training commission, on behalf of the commission and in            641          

accordance with rules promulgated by the attorney general, shall   642          

certify basic firearms training programs, and shall issue          643          

certificates to class A, B, or C licensees or prospective class    644          

A, B, or C licensees under Chapter 4749. of the Revised Code and   645          

to registered or prospective employees of such class A, B, or C    646          

licensees who have satisfactorily completed a basic firearms       647          

training program of the type described in division (A)(1) of       648          

section 4749.10 of the Revised Code.                               649          

      Application for approval of a basic firearms training        651          

program shall be made to the commission.  An application shall be  653          

submitted to the commission with a fee of one hundred dollars,     655          

which fee shall be refunded if the application is denied.          656          

      A person who is issued a certificate for satisfactory        658          

completion of an approved basic firearms training program shall    659          

pay a fee of ten dollars to the commission.  A duplicate of a      661          

lost, spoliated, or destroyed certificate may be issued upon       662          

application and payment of a fee of five dollars.                  663          

      (2)  The executive director, on behalf of the commission     665          

and in accordance with rules promulgated by the attorney general,  667          

also shall certify firearms requalification training programs and  668          

instructors for the annual requalification of class A, B, or C     669          

licensees under Chapter 4749. of the Revised Code and registered   670          

or prospective employees of such class A, B, or C licensees who    671          

are authorized to carry a firearm under section 4749.10 of the     672          

Revised Code.  Application for approval of a training program or   673          

instructor for such purpose shall be made to the commission.       675          

Such an application shall be submitted to the commission with a    677          

fee of fifty dollars, which fee shall be refunded if the           678          

application is denied.                                             679          

      (3)  The executive director, upon request, also shall        681          

                                                          17     


                                                                 
review firearms training received within three years prior to      682          

November 23, 1985, by any class A, B, or C licensee or             684          

prospective class A, B, or C licensee, or by any registered of OR               

prospective employee of any class A, B, or C licensee under        685          

Chapter 4749. of the Revised Code to determine if the training     686          

received is equivalent to a basic firearms training program that   687          

includes twenty hours of handgun training and five hours of        688          

training in the use of other firearms, if any other firearm is to  689          

be used.  If the executive director determines the training was    690          

received within the three-year period and that it is equivalent    691          

to such a program, the executive director shall issue written      692          

evidence of approval of the equivalency training to the licensee   693          

or employee.                                                       694          

      (C)  There is hereby established in the state treasury the   696          

peace officer private security fund, which shall be used by the    697          

Ohio peace officer training commission to administer the training  699          

program to qualify persons for positions as special police,        701          

security guards, or other private employment in a police           702          

capacity, as described in division (A) of this section, and the    703          

training program in basic firearms and the training program for    704          

firearms requalification, both as described in division (B) of     705          

this section.  All fees paid to the commission by applicants for   707          

approval of a training program designed to qualify persons for     708          

such private police positions, basic firearms training program,    709          

or a firearms requalification training program or instructor, as   710          

required by division (A) or (B) of this section, by persons who    711          

satisfactorily complete a private police training program or a     712          

basic firearms training program, as required by division (A) or    713          

(B) of this section, or by persons who satisfactorily requalify    714          

in firearms use, as required by division (B)(2) of section         715          

4749.10 of the Revised Code, shall be transmitted to the           716          

treasurer of state for deposit in the fund.  The fund shall be     717          

used only for the purpose set forth in this division.              718          

      (D)  No public or private educational institution, port      720          

                                                          18     


                                                                 
authority, or superintendent of the state highway patrol shall     721          

employ a person as a special police officer, security guard, or    723          

other position in which such person goes armed while on duty, who  725          

has not received a certificate of having satisfactorily completed  726          

an approved basic peace officer training program, unless the       727          

person has completed twenty years of active duty as a peace        728          

officer.                                                                        

      Sec. 349.01.  As used in this chapter:                       737          

      (A)  "New community" means a community or an addition to an  739          

existing community planned pursuant to this chapter so that it     740          

includes facilities for the conduct of industrial, commercial,     741          

residential, cultural, educational, and recreational activities,   742          

and designed in accordance with planning concepts for the          743          

placement of utility, open space, and other supportive             744          

facilities.                                                        745          

      (B)  "New community development program" means a program     747          

for the development of a new community characterized by            748          

well-balanced and diversified land use patterns and which          749          

includes land acquisition and land development, the acquisition,   750          

construction, operation, and maintenance of community facilities,  752          

and the provision of services authorized in sections 349.01 to     753          

349.16 of the Revised Code.                                        754          

      (C)  "New community district" means the area of land         756          

described by the developer in the petition as set forth in         757          

division (A) of section 349.03 of the Revised Code for             758          

development as a new community and any lands added to such         759          

district by amendment of the resolution establishing the           760          

community authority.                                               761          

      (D)  "New community authority" means a body corporate and    763          

politic in this state, established pursuant to section 349.03 of   764          

the Revised Code and governed by a board of trustees as provided   765          

in section 349.04 of the Revised Code.                             766          

      (E)  "Developer" means any person, organized for carrying    768          

out a new community development program and WHO owns or controls,  770          

                                                          19     


                                                                 
through leases of at least seventy-five years' duration, options,  771          

or contracts to purchase, the land within a new community          772          

district, or any municipality or, county which, OR PORT AUTHORITY  774          

THAT owns the land within a new community district, or has the     775          

ability to acquire such land, either by voluntary acquisition or   776          

condemnation in order to eliminate slum, blighted, and             777          

deteriorated or deteriorating areas and to prevent the recurrence  778          

thereof.                                                                        

      (F)  "Organizational board of commissioners" means, if the   780          

new community district is located in only one county, the board    781          

of county commissioners of such county; if located in more than    782          

one county, a board consisting of the members of the board of      783          

county commissioners of each of the counties in which the          784          

district is located, provided that action of such board shall      785          

require a majority vote of the members of each separate board of   786          

county commissioners; or, if more than half of the new community   787          

district is located within the boundaries of the most populous     788          

municipal corporation of a county, the legislative authority of    789          

the municipal corporation.                                         790          

      (G)  "Land acquisition" means the acquisition of real        792          

property and interests in real property as part of a new           793          

community development program.                                     794          

      (H)  "Land development" means the process of clearing and    796          

grading land, making, installing, or constructing water            797          

distribution systems, sewers, sewage collection systems, steam,    798          

gas, and electric lines, roads, streets, curbs, gutters,           799          

sidewalks, storm drainage facilities, and other installations or   800          

work, whether within or without the new community district, and    801          

the construction of community facilities.                          802          

      (I)  "Community facilities" means all real property,         804          

buildings, structures, or other facilities, including related      805          

fixtures, equipment, and furnishings, to be owned, operated,       806          

financed, constructed, and maintained under this chapter,          807          

including public, community, village, neighborhood, or town        808          

                                                          20     


                                                                 
buildings, centers and plazas, auditoriums, day care centers,      809          

recreation halls, educational facilities, recreational             810          

facilities, natural resource facilities, including parks and       811          

other open space land, lakes and streams, cultural facilities,     812          

community streets, pathway and bikeway systems, pedestrian         813          

underpasses and overpasses, lighting facilities, design            814          

amenities, or other community facilities, and buildings needed in  815          

connection with water supply or sewage disposal installations or   816          

steam, gas, or electric lines or installation.                     817          

      (J)  "Cost" as applied to a new community development        819          

program means all costs related to land acquisition and land       820          

development, the acquisition, construction, maintenance, and       821          

operation of community facilities and offices of the community     822          

authority, and of providing furnishings and equipment therefor,    823          

financing charges including interest prior to and during           824          

construction and for the duration of the new community             825          

development program, planning expenses, engineering expenses,      826          

administrative expenses including working capital, and all other   827          

expenses necessary and incident to the carrying forward of the     828          

new community development program.                                 829          

      (K)  "Income source" means any and all sources of income to  831          

the community authority, including community development charges   832          

of which the new community authority is the beneficiary as         833          

provided in section 349.07 of the Revised Code, rentals, user      834          

fees and other charges received by the new community authority,    835          

any gift or grant received, any moneys received from any funds     836          

invested by or on behalf of the new community authority, and       837          

proceeds from the sale or lease of land and community facilities.  838          

      (L)  "Community development charge" means a dollar amount    840          

which shall be determined on the basis of the assessed valuation   841          

of real property or interests in real property in a new community  842          

district sold, leased, or otherwise conveyed by the developer or   843          

the new community authority, the income of the residents of such   844          

property subject to such charge under section 349.07 of the        845          

                                                          21     


                                                                 
Revised Code, if such property is devoted to residential uses or   846          

to the profits of any business, a uniform fee on each parcel of    847          

such real property originally sold, leased, or otherwise conveyed  848          

by the developer or new community authority, or any combination    849          

of the foregoing bases.                                            850          

      (M)  "Proximate city" means any city that, as of the date    852          

of filing of the petition under section 349.03 of the Revised      853          

Code, is the most populous city of the county in which the         854          

proposed new community district is located, is the most populous   855          

city of an adjoining county if any portion of such city is within  856          

five miles of any part of the boundaries of such district, or      857          

exercises extraterritorial subdivision authority under section     858          

711.09 of the Revised Code with respect to any part of such        859          

district.                                                          860          

      Sec. 1724.11.  (A)  WHEN A COMMUNITY IMPROVEMENT             862          

CORPORATION IS ACTING AS AN AGENT OF A POLITICAL SUBDIVISION       864          

DESIGNATED PURSUANT TO SECTION 1724.10 OF THE REVISED CODE, BOTH   866          

OF THE FOLLOWING APPLY:                                            867          

      (1)  ANY FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING    870          

TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN ENTITY TO THE       871          

COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION WITH THE                        

RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF   872          

THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE COMMUNITY          873          

IMPROVEMENT CORPORATION, OR BY ANY POLITICAL SUBDIVISION FOR       874          

WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS ACTING AS AGENT,    875          

IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC RECORD SUBJECT TO  877          

SECTION 149.43 OF THE REVISED CODE.                                879          

      (2)  ANY OTHER INFORMATION SUBMITTED BY OR ON BEHALF OF AN   882          

ENTITY TO THE COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION                   

WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR          883          

PRESERVATION OF THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE    884          

COMMUNITY IMPROVEMENT CORPORATION, OR BY ANY POLITICAL             885          

SUBDIVISION FOR WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS     886          

ACTING AS AGENT, IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC   887          

                                                          22     


                                                                 
RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE, UNTIL THE    890          

ENTITY COMMITS IN WRITING TO PROCEED WITH THE RELOCATION,          891          

LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF ITS           892          

BUSINESS.                                                                       

      (B)(1)  WHEN THE BOARD OF TRUSTEES OF A COMMUNITY            895          

IMPROVEMENT CORPORATION OR ANY COMMITTEE OR SUBCOMMITTEE OF SUCH   896          

A BOARD MEETS TO CONSIDER INFORMATION THAT IS NOT A PUBLIC RECORD  897          

PURSUANT TO DIVISION (A) OF THIS SECTION, THE BOARD, COMMITTEE,    899          

OR SUBCOMMITTEE, BY UNANIMOUS VOTE OF ALL MEMBERS PRESENT, MAY     900          

CLOSE THE MEETING DURING CONSIDERATION OF THE CONFIDENTIAL         901          

INFORMATION.  THE BOARD, COMMITTEE, OR SUBCOMMITTEE SHALL          902          

CONSIDER NO OTHER INFORMATION DURING THE CLOSED SESSION.           903          

      (2)  ANY MEETING AT WHICH A DECISION OR DETERMINATION OF     906          

THE BOARD IS MADE IN CONNECTION WITH THE RELOCATION, LOCATION,     907          

EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THE     908          

ENTITY SHALL BE OPEN TO THE PUBLIC.                                             

      Sec. 2901.01.  (A)  As used in the Revised Code:             917          

      (1)  "Force" means any violence, compulsion, or constraint   919          

physically exerted by any means upon or against a person or        920          

thing.                                                             921          

      (2)  "Deadly force" means any force that carries a           923          

substantial risk that it will proximately result in the death of   924          

any person.                                                        925          

      (3)  "Physical harm to persons" means any injury, illness,   927          

or other physiological impairment, regardless of its gravity or    928          

duration.                                                          929          

      (4)  "Physical harm to property" means any tangible or       931          

intangible damage to property that, in any degree, results in      932          

loss to its value or interferes with its use or enjoyment.         933          

"Physical harm to property" does not include wear and tear         934          

occasioned by normal use.                                          935          

      (5)  "Serious physical harm to persons" means any of the     937          

following:                                                         938          

      (a)  Any mental illness or condition of such gravity as      940          

                                                          23     


                                                                 
would normally require hospitalization or prolonged psychiatric    941          

treatment;                                                         942          

      (b)  Any physical harm that carries a substantial risk of    944          

death;                                                             945          

      (c)  Any physical harm that involves some permanent          947          

incapacity, whether partial or total, or that involves some        948          

temporary, substantial incapacity;                                 949          

      (d)  Any physical harm that involves some permanent          951          

disfigurement or that involves some temporary, serious             952          

disfigurement;                                                     953          

      (e)  Any physical harm that involves acute pain of such      955          

duration as to result in substantial suffering or that involves    956          

any degree of prolonged or intractable pain.                       957          

      (6)  "Serious physical harm to property" means any physical  959          

harm to property that does either of the following:                960          

      (a)  Results in substantial loss to the value of the         962          

property or requires a substantial amount of time, effort, or      963          

money to repair or replace;                                        964          

      (b)  Temporarily prevents the use or enjoyment of the        966          

property or substantially interferes with its use or enjoyment     967          

for an extended period of time.                                    968          

      (7)  "Risk" means a significant possibility, as contrasted   970          

with a remote possibility, that a certain result may occur or      971          

that certain circumstances may exist.                              972          

      (8)  "Substantial risk" means a strong possibility, as       974          

contrasted with a remote or significant possibility, that a        975          

certain result may occur or that certain circumstances may exist.  976          

      (9)  "Offense of violence" means any of the following:       978          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       980          

2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,    981          

2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02,     982          

2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03,     983          

2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of     984          

division (A)(1), (2), or (3) of section 2911.12 of the Revised     985          

                                                          24     


                                                                 
Code or felonious sexual penetration in violation of former        986          

section 2907.12 of the Revised Code;                               987          

      (b)  A violation of an existing or former municipal          989          

ordinance or law of this or any other state or the United States,  990          

substantially equivalent to any section, division, or offense      992          

listed in division (A)(9)(a) of this section;                      993          

      (c)  An offense, other than a traffic offense, under an      995          

existing or former municipal ordinance or law of this or any       996          

other state or the United States, committed purposely or           997          

knowingly, and involving physical harm to persons or a risk of     998          

serious physical harm to persons;                                  999          

      (d)  A conspiracy or attempt to commit, or complicity in     1,001        

committing, any offense under division (A)(9)(a), (b), or (c) of   1,003        

this section.                                                                   

      (10)(a)  "Property" means any property, real or personal,    1,006        

tangible or intangible, and any interest or license in that        1,007        

property.  "Property" includes, but is not limited to, cable                    

television service, other telecommunications service,              1,008        

telecommunications devices, information service, computers, data,  1,009        

computer software, financial instruments associated with           1,011        

computers, other documents associated with computers, or copies    1,012        

of the documents, whether in machine or human readable form,       1,013        

trade secrets, trademarks, copyrights, patents, and property       1,014        

protected by a trademark, copyright, or patent.  "Financial        1,015        

instruments associated with computers" include, but are not        1,016        

limited to, checks, drafts, warrants, money orders, notes of       1,017        

indebtedness, certificates of deposit, letters of credit, bills    1,018        

of credit or debit cards, financial transaction authorization      1,019        

mechanisms, marketable securities, or any computer system          1,020        

representations of any of them.                                    1,021        

      (b)  As used in division (A)(10) of this section, "trade     1,024        

secret" has the same meaning as in section 1333.61 of the Revised  1,025        

Code, and "telecommunications . service" and "information          1,026        

service" have the same meanings as in section 2913.01 of the       1,028        

                                                          25     


                                                                 
Revised Code.                                                                   

      (c)  As used in divisions (A)(10) and (13) of this section,  1,031        

"cable television service," "computer," "computer software,"       1,032        

"computer system," "computer network," "data," and                 1,033        

"telecommunications device" have the same meanings as in section   1,034        

2913.01 of the Revised Code.                                                    

      (11)  "Law enforcement officer" means any of the following:  1,036        

      (a)  A sheriff, deputy sheriff, constable, police officer    1,038        

of a township or joint township police district, marshal, deputy   1,039        

marshal, municipal police officer, member of a police force        1,040        

employed by a metropolitan housing authority under division (D)    1,041        

of section 3735.31 of the Revised Code, or state highway patrol    1,042        

trooper;                                                           1,043        

      (b)  An officer, agent, or employee of the state or any of   1,045        

its agencies, instrumentalities, or political subdivisions, upon   1,046        

whom, by statute, a duty to conserve the peace or to enforce all   1,047        

or certain laws is imposed and the authority to arrest violators   1,048        

is conferred, within the limits of that statutory duty and         1,049        

authority;                                                         1,050        

      (c)  A mayor, in the mayor's capacity as chief conservator   1,052        

of the peace within the mayor's municipal corporation;             1,053        

      (d)  A member of an auxiliary police force organized by      1,055        

county, township, or municipal law enforcement authorities,        1,056        

within the scope of the member's appointment or commission;        1,057        

      (e)  A person lawfully called pursuant to section 311.07 of  1,059        

the Revised Code to aid a sheriff in keeping the peace, for the    1,060        

purposes and during the time when the person is called;            1,061        

      (f)  A person appointed by a mayor pursuant to section       1,063        

737.01 of the Revised Code as a special patrolling officer during  1,065        

riot or emergency, for the purposes and during the time when the   1,066        

person is appointed;                                                            

      (g)  A member of the organized militia of this state or the  1,068        

armed forces of the United States, lawfully called to duty to aid  1,069        

civil authorities in keeping the peace or protect against          1,070        

                                                          26     


                                                                 
domestic violence;                                                 1,071        

      (h)  A prosecuting attorney, assistant prosecuting           1,073        

attorney, secret service officer, or municipal prosecutor;         1,074        

      (i)  An Ohio veterans' home police officer appointed under   1,076        

section 5907.02 of the Revised Code;                               1,077        

      (j)  A member of a police force employed by a regional       1,079        

transit authority under division (Y) of section 306.35 of the      1,080        

Revised Code;                                                      1,081        

      (k)  A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY   1,083        

UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE.              1,084        

      (12)  "Privilege" means an immunity, license, or right       1,086        

conferred by law, bestowed by express or implied grant, arising    1,088        

out of status, position, office, or relationship, or growing out   1,089        

of necessity.                                                                   

      (13)  "Contraband" means any property described in the       1,091        

following categories:                                              1,092        

      (a)  Property that in and of itself is unlawful for a        1,094        

person to acquire or possess;                                      1,095        

      (b)  Property that is not in and of itself unlawful for a    1,097        

person to acquire or possess, but that has been determined by a    1,098        

court of this state, in accordance with law, to be contraband      1,099        

because of its use in an unlawful activity or manner, of its       1,100        

nature, or of the circumstances of the person who acquires or      1,101        

possesses it, including, but not limited to, goods and personal    1,102        

property described in division (D) of section 2913.34 of the       1,103        

Revised Code;                                                                   

      (c)  Property that is specifically stated to be contraband   1,105        

by a section of the Revised Code or by an ordinance, regulation,   1,106        

or resolution;                                                     1,107        

      (d)  Property that is forfeitable pursuant to a section of   1,109        

the Revised Code, or an ordinance, regulation, or resolution,      1,110        

including, but not limited to, forfeitable firearms, dangerous     1,111        

ordnance, obscene materials, and goods and personal property       1,113        

described in division (D) of section 2913.34 of the Revised Code;               

                                                          27     


                                                                 
      (e)  Any controlled substance, as defined in section         1,115        

3719.01 of the Revised Code, or any device, paraphernalia, money   1,116        

as defined in section 1301.01 of the Revised Code, or other means  1,117        

of exchange that has been, is being, or is intended to be used in  1,118        

an attempt or conspiracy to violate, or in a violation of,         1,119        

Chapter 2925. or 3719. of the Revised Code;                        1,120        

      (f)  Any gambling device, paraphernalia, money as defined    1,122        

in section 1301.01 of the Revised Code, or other means of          1,123        

exchange that has been, is being, or is intended to be used in an  1,124        

attempt or conspiracy to violate, or in the violation of, Chapter  1,125        

2915. of the Revised Code;                                         1,126        

      (g)  Any equipment, machine, device, apparatus, vehicle,     1,128        

vessel, container, liquid, or substance that has been, is being,   1,129        

or is intended to be used in an attempt or conspiracy to violate,  1,130        

or in the violation of, any law of this state relating to alcohol  1,131        

or tobacco;                                                        1,132        

      (h)  Any personal property that has been, is being, or is    1,134        

intended to be used in an attempt or conspiracy to commit, or in   1,135        

the commission of, any offense or in the transportation of the     1,136        

fruits of any offense;                                             1,137        

      (i)  Any property that is acquired through the sale or       1,139        

other transfer of contraband or through the proceeds of            1,140        

contraband, other than by a court or a law enforcement agency      1,141        

acting within the scope of its duties;                             1,142        

      (j)  Any computer, computer system, computer network,        1,144        

computer software, or other telecommunications device that is      1,145        

used in a conspiracy to commit, an attempt to commit, or the       1,147        

commission of any offense, if the owner of the computer, computer  1,148        

system, computer network, computer software, or other              1,149        

telecommunications device is convicted of or pleads guilty to the  1,150        

offense in which it is used.                                                    

      (14)  A person is "not guilty by reason of insanity"         1,152        

relative to a charge of an offense only if the person proves, in   1,153        

the manner specified in section 2901.05 of the Revised Code, that  1,154        

                                                          28     


                                                                 
at the time of the commission of the offense, the person did not   1,155        

know, as a result of a severe mental disease or defect, the        1,156        

wrongfulness of the person's acts.                                 1,157        

      (B)(1)(a)  Subject to division (B)(2) of this section, as    1,160        

used in any section contained in Title XXIX of the Revised Code    1,161        

that sets forth a criminal offense, "person" includes all of the   1,162        

following:                                                                      

      (i)  An individual, corporation, business trust, estate,     1,164        

trust, partnership, and association;                               1,165        

      (ii)  An unborn human who is viable.                         1,167        

      (b)  As used in any section contained in Title XXIX of the   1,170        

Revised Code that does not set forth a criminal offense, "person"  1,171        

includes an individual, corporation, business trust, estate,       1,172        

trust, partnership, and association.                                            

      (c)  As used in division (B)(1)(a) of this section:          1,174        

      (i)  "Unborn human" means an individual organism of the      1,176        

species homo sapiens from fertilization until live birth.          1,177        

      (ii)  "Viable" means the stage of development of a human     1,180        

fetus at which there is a realistic possibility of maintaining                  

and nourishing of a life outside the womb with or without          1,181        

temporary artificial life-sustaining support.                      1,182        

      (2)  Notwithstanding division (B)(1)(a) of this section, in  1,184        

no case shall the portion of the definition of the term "person"   1,185        

that is set forth in division (B)(1)(a)(ii) of this section be     1,186        

applied or construed in any section contained in Title XXIX of     1,187        

the Revised Code that sets forth a criminal offense in any of the  1,188        

following manners:                                                              

      (a)  Except as otherwise provided in division (B)(2)(a) of   1,190        

this section, in a manner so that the offense prohibits or is      1,191        

construed as prohibiting any pregnant woman or her physician from  1,192        

performing an abortion with the consent of the pregnant woman,     1,193        

with the consent of the pregnant woman implied by law in a         1,194        

medical emergency, or with the approval of one otherwise           1,195        

authorized by law to consent to medical treatment on behalf of                  

                                                          29     


                                                                 
the pregnant woman.  An abortion that violates the conditions      1,196        

described in the immediately preceding sentence may be punished    1,197        

as a violation of section 2903.01, 2903.02, 2903.03, 2903.04,      1,198        

2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13,     1,199        

2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable.   1,200        

An abortion that does not violate the conditions described in the  1,201        

second immediately preceding sentence, but that does violate                    

section 2919.12, division (B) of section 2919.13, section          1,202        

2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished  1,203        

as a violation of section 2919.12, division (B) of section         1,204        

2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised       1,205        

Code, as applicable.  Consent is sufficient under this division    1,206        

if it is of the type otherwise adequate to permit medical          1,207        

treatment to the pregnant woman, even if it does not comply with   1,208        

section 2919.12 of the Revised Code.                                            

      (b)  In a manner so that the offense is applied or is        1,211        

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        1,212        

results in any of the following:                                   1,213        

      (i)  Her delivery of a stillborn baby;                       1,215        

      (ii)  Her causing, in any other manner, the death in utero   1,218        

of a viable, unborn human that she is carrying;                                 

      (iii)  Her causing the death of her child who is born alive  1,221        

but who dies from one or more injuries that are sustained while                 

the child is a viable, unborn human;                               1,222        

      (iv)  Her causing her child who is born alive to sustain     1,225        

one or more injuries while the child is a viable, unborn human;                 

      (v)  Her causing, threatening to cause, or attempting to     1,228        

cause, in any other manner, an injury, illness, or other                        

physiological impairment, regardless of its duration or gravity,   1,229        

or a mental illness or condition, regardless of its duration or    1,230        

gravity, to a viable, unborn human that she is carrying.           1,231        

      Sec. 2921.51.  (A)  As used in this section:                 1,240        

      (1)  "Peace officer" means a sheriff, deputy sheriff,        1,242        

                                                          30     


                                                                 
marshal, deputy marshal, member of the organized police            1,243        

department of a municipal corporation, or township constable, who  1,244        

is employed by a political subdivision of this state, a member of  1,245        

a police force employed by a metropolitan housing authority under  1,246        

division (D) of section 3735.31 of the Revised Code, a member of   1,248        

a police force employed by a regional transit authority under                   

division (Y) of section 306.35 of the Revised Code, a state        1,249        

university law enforcement officer appointed under section         1,250        

3345.04 of the Revised Code, an Ohio veterans' home policeman      1,251        

POLICE OFFICER appointed under section 5907.02 of the Revised      1,252        

Code, A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER  1,253        

SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, or a state         1,254        

highway patrol trooper and whose primary duties are to preserve    1,255        

the peace, to protect life and property, and to enforce the laws,  1,256        

ordinances, or rules of the state or any of its political          1,257        

subdivisions.                                                      1,258        

      (2)  "Private policeman POLICE OFFICER" means any security   1,260        

guard, special policeman POLICE OFFICER, private detective, or     1,262        

other person who is privately employed in a police capacity.       1,264        

      (3)  "Impersonate" means to act the part of, assume the      1,266        

identity of, wear the uniform or any part of the uniform of, or    1,267        

display the identification of a particular person or of a member   1,268        

of a class of persons with purpose to make another person believe  1,269        

that the actor is that particular person or is a member of that    1,270        

class of persons.                                                  1,271        

      (B)  No person shall impersonate a peace officer or a        1,273        

private policeman POLICE OFFICER.                                  1,274        

      (C)  No person, by impersonating a peace officer or a        1,276        

private policeman POLICE OFFICER, shall arrest or detain any       1,277        

person, search any person, or search the property of any person.   1,278        

      (D)  No person, with purpose to commit or facilitate the     1,280        

commission of an offense, shall impersonate a peace officer, a     1,281        

private policeman POLICE OFFICER, or an officer, agent, or         1,282        

employee of the state.                                             1,283        

                                                          31     


                                                                 
      (E)  No person shall commit a felony while impersonating a   1,285        

peace officer, a private policeman POLICE OFFICER, or an officer,  1,286        

agent, or employee of the state.                                   1,287        

      (F)  It is an affirmative defense to a charge under          1,289        

division (B) of this section that the impersonation of the peace   1,290        

officer was for a lawful purpose.                                  1,291        

      (G)  Whoever violates division (B) of this section is        1,293        

guilty of a misdemeanor of the fourth degree.  Whoever violates    1,294        

division (C) or (D) of this section is guilty of a misdemeanor of  1,295        

the first degree.  If the purpose of a violation of division (D)   1,296        

of this section is to commit or facilitate the commission of a     1,297        

felony, a violation of division (D) is a felony of the fourth      1,299        

degree.  Whoever violates division (E) of this section is guilty                

of a felony of the third degree.                                   1,300        

      Sec. 2935.01.  As used in this chapter:                      1,309        

      (A)  "Magistrate" has the same meaning as in section         1,311        

2931.01 of the Revised Code.                                       1,312        

      (B)  "Peace officer" includes, except as provided in         1,314        

section 2935.081 of the Revised Code, a sheriff; deputy sheriff;   1,316        

marshal; deputy marshal; member of the organized police            1,318        

department of any municipal corporation, including a member of     1,319        

the organized police department of a municipal corporation in an   1,320        

adjoining state serving in Ohio under a contract pursuant to       1,321        

section 737.04 of the Revised Code; member of a police force       1,322        

employed by a metropolitan housing authority under division (D)    1,323        

of section 3735.31 of the Revised Code; member of a police force   1,325        

employed by a regional transit authority under division (Y) of     1,326        

section 306.05 of the Revised Code; state university law           1,327        

enforcement officer appointed under section 3345.04 of the         1,328        

Revised Code; liquor control investigator or food stamp            1,329        

trafficking agent of the department of public safety; employee of  1,331        

the department of natural resources who is a natural resources     1,332        

law enforcement staff officer designated pursuant to section       1,333        

1501.013 of the Revised Code, a forest officer designated                       

                                                          32     


                                                                 
pursuant to section 1503.29 of the Revised Code, a preserve        1,335        

officer designated pursuant to section 1517.10 of the Revised      1,336        

Code, a wildlife officer designated pursuant to section 1531.13    1,337        

of the Revised Code, a park officer designated pursuant to                      

section 1541.10 of the Revised Code, or a state watercraft         1,340        

officer designated pursuant to section 1547.521 of the Revised     1,341        

Code; individual designated to perform law enforcement duties      1,342        

under section 511.232, 1545.13, or 6101.75 of the Revised Code;    1,343        

Ohio veterans' home police officer appointed under section         1,345        

5907.02 of the Revised Code; SPECIAL POLICE OFFICER EMPLOYED BY A  1,346        

PORT AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED     1,347        

CODE; police constable of any township; and police officer of a    1,349        

township or joint township police district; and, for the purpose   1,350        

of arrests within those areas, and for the purposes of Chapter     1,351        

5503. of the Revised Code, and the filing of and service of        1,352        

process relating to those offenses witnessed or investigated by    1,353        

them, includes the superintendent and troopers of the state        1,354        

highway patrol.                                                                 

      (C)  "Prosecutor" includes the county prosecuting attorney   1,356        

and any assistant prosecutor designated to assist the county       1,357        

prosecuting attorney, and, in the case of courts inferior to       1,359        

courts of common pleas, includes the village solicitor, city       1,360        

director of law, or similar chief legal officer of a municipal     1,361        

corporation, any such officer's assistants, or any attorney        1,362        

designated by the prosecuting attorney of the county to appear     1,364        

for the prosecution of a given case.                                            

      (D)  "Offense," except where the context specifically        1,366        

indicates otherwise, includes felonies, misdemeanors, and          1,367        

violations of ordinances of municipal corporations and other       1,368        

public bodies authorized by law to adopt penal regulations.        1,369        

      Sec. 2935.03.  (A)(1)  A sheriff, deputy sheriff, marshal,   1,379        

deputy marshal, municipal police officer, township constable,      1,380        

police officer of a township or joint township police district,    1,381        

member of a police force employed by a metropolitan housing        1,382        

                                                          33     


                                                                 
authority under division (D) of section 3735.31 of the Revised     1,383        

Code, member of a police force employed by a regional transit      1,384        

authority under division (Y) of section 306.35 of the Revised      1,385        

Code, state university law enforcement officer appointed under     1,387        

section 3345.04 of the Revised Code, or Ohio veterans' home                     

police officer appointed under section 5907.02 of the Revised      1,388        

Code, OR SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY       1,389        

UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE shall arrest  1,391        

and detain, until a warrant can be obtained, a person found        1,392        

violating, within the limits of the political subdivision,         1,393        

metropolitan housing authority housing project, regional transit   1,394        

authority facilities or areas of a municipal corporation that                   

have been agreed to by a regional transit authority and a          1,395        

municipal corporation located within its territorial               1,396        

jurisdiction, college, university, or Ohio veterans' home, OR      1,398        

PORT AUTHORITY in which the peace officer is appointed, employed,  1,400        

or elected, a law of this state, an ordinance of a municipal       1,401        

corporation, or a resolution of a township.                        1,402        

      (2)  A peace officer of the department of natural resources  1,405        

or an individual designated to perform law enforcement duties      1,406        

under section 511.232, 1545.13, or 6101.75 of the Revised Code     1,408        

shall arrest and detain, until a warrant can be obtained, a        1,409        

person found violating, within the limits of the peace officer's   1,410        

or individual's territorial jurisdiction, a law of this state.     1,411        

      (B)(1)  When there is reasonable ground to believe that an   1,413        

offense of violence, the offense of criminal child enticement as   1,414        

defined in section 2905.05 of the Revised Code, the offense of     1,415        

public indecency as defined in section 2907.09 of the Revised      1,416        

Code, the offense of domestic violence as defined in section       1,417        

2919.25 of the Revised Code, the offense of violating a            1,418        

protection order as defined in section 2919.27 of the Revised      1,419        

Code, the offense of menacing by stalking as defined in section    1,421        

2903.211 of the Revised Code, the offense of aggravated trespass   1,422        

as defined in section 2911.211 of the Revised Code, a theft        1,423        

                                                          34     


                                                                 
offense as defined in section 2913.01 of the Revised Code, or a    1,424        

felony drug abuse offense as defined in section 2925.01 of the     1,425        

Revised Code, has been committed within the limits of the          1,426        

political subdivision, metropolitan housing authority housing      1,427        

project, regional transit authority facilities or those areas of   1,429        

a municipal corporation that have been agreed to by a regional     1,431        

transit authority and a municipal corporation located within its   1,432        

territorial jurisdiction, college, university, or Ohio veterans'   1,433        

home, OR PORT AUTHORITY in which the peace officer is appointed,   1,434        

employed, or elected or within the limits of the territorial       1,435        

jurisdiction of the peace officer, a peace officer described in    1,436        

division (A) of this section may arrest and detain until a         1,437        

warrant can be obtained any person who the peace officer has       1,439        

reasonable cause to believe is guilty of the violation.                         

      (2)  For purposes of division (B)(1) of this section, the    1,441        

execution of any of the following constitutes reasonable ground    1,442        

to believe that the offense alleged in the statement was           1,443        

committed and reasonable cause to believe that the person alleged  1,444        

in the statement to have committed the offense is guilty of the    1,445        

violation:                                                         1,446        

      (a)  A written statement by a person alleging that an        1,448        

alleged offender has committed the offense of menacing by          1,449        

stalking or aggravated trespass;                                   1,450        

      (b)  A written statement by the administrator of the         1,452        

interstate compact on mental health appointed under section        1,453        

5119.51 of the Revised Code alleging that a person who had been    1,454        

hospitalized, institutionalized, or confined in any facility       1,455        

under an order made pursuant to or under authority of section      1,456        

2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or         1,458        

2945.402 of the Revised Code has escaped from the facility, from   1,459        

confinement in a vehicle for transportation to or from the         1,460        

facility, or from supervision by an employee of the facility that  1,461        

is incidental to hospitalization, institutionalization, or         1,462        

confinement in the facility and that occurs outside of the         1,463        

                                                          35     


                                                                 
facility, in violation of section 2921.34 of the Revised Code;     1,464        

      (c)  A written statement by the administrator of any         1,467        

facility in which a person has been hospitalized,                  1,468        

institutionalized, or confined under an order made pursuant to or  1,469        

under authority of section 2945.37, 2945.371, 2945.38, 2945.39,    1,470        

2945.40, 2945.401, or 2945.402 of the Revised Code alleging that   1,471        

the person has escaped from the facility, from confinement in a    1,472        

vehicle for transportation to or from the facility, or from        1,473        

supervision by an employee of the facility that is incidental to   1,474        

hospitalization, institutionalization, or confinement in the       1,475        

facility and that occurs outside of the facility, in violation of  1,476        

section 2921.34 of the Revised Code.                               1,477        

      (3)(a)  For purposes of division (B)(1) of this section, a   1,480        

peace officer described in division (A) of this section has        1,481        

reasonable grounds to believe that the offense of domestic         1,482        

violence or the offense of violating a protection order has been   1,483        

committed and reasonable cause to believe that a particular        1,485        

person is guilty of committing the offense if any of the           1,486        

following occurs:                                                               

      (i)  A person executes a written statement alleging that     1,489        

the person in question has committed the offense of domestic       1,490        

violence or the offense of violating a protection order against    1,491        

the person who executes the statement or against a child of the    1,492        

person who executes the statement.                                 1,493        

      (ii)  No written statement of the type described in          1,496        

division (B)(3)(a)(i) of this section is executed, but the peace   1,497        

officer, based upon the peace officer's own knowledge and          1,498        

observation of the facts and circumstances of the alleged          1,499        

incident of the offense of domestic violence or the alleged        1,500        

incident of the offense of violating a protection order or based   1,501        

upon any other information, including, but not limited to, any     1,502        

reasonably trustworthy information given to the peace officer by   1,503        

the alleged victim of the alleged incident of the offense or any   1,504        

witness of the alleged incident of the offense, concludes that     1,505        

                                                          36     


                                                                 
there are reasonable grounds to believe that the offense of        1,506        

domestic violence or the offense of violating a protection order   1,507        

has been committed and reasonable cause to believe that the        1,508        

person in question is guilty of committing the offense.            1,509        

      (iii)  No written statement of the type described in         1,512        

division (B)(3)(a)(i) of this section is executed, but the peace   1,513        

officer witnessed the person in question commit the offense of     1,514        

domestic violence or the offense of violating a protection order.  1,515        

      (b)  If pursuant to division (B)(3)(a) of this section a     1,518        

peace officer has reasonable grounds to believe that the offense   1,519        

of domestic violence or the offense of violating a protection      1,520        

order has been committed and reasonable cause to believe that a    1,522        

particular person is guilty of committing the offense, it is the   1,523        

preferred course of action in this state that the officer arrest   1,524        

and detain that person pursuant to division (B)(1) of this         1,525        

section until a warrant can be obtained.                                        

      If pursuant to division (B)(3)(a) of this section a peace    1,528        

officer has reasonable grounds to believe that the offense of      1,529        

domestic violence or the offense of violating a protection order   1,530        

has been committed and reasonable cause to believe that family or  1,531        

household members have committed the offense against each other,   1,532        

it is the preferred course of action in this state that the        1,533        

officer, pursuant to division (B)(1) of this section, arrest and   1,535        

detain until a warrant can be obtained the family or household     1,536        

member who committed the offense and whom the officer has          1,537        

reasonable cause to believe is the primary physical aggressor.     1,538        

There is no preferred course of action in this state regarding     1,539        

any other family or household member who committed the offense     1,540        

and whom the officer does not have reasonable cause to believe is  1,541        

the primary physical aggressor, but, pursuant to division (B)(1)   1,542        

of this section, the peace officer may arrest and detain until a   1,543        

warrant can be obtained any other family or household member who   1,544        

committed the offense and whom the officer does not have           1,545        

reasonable cause to believe is the primary physical aggressor.     1,546        

                                                          37     


                                                                 
      (c)  If a peace officer described in division (A) of this    1,549        

section does not arrest and detain a person whom the officer has   1,550        

reasonable cause to believe committed the offense of domestic      1,551        

violence or the offense of violating a protection order when it    1,552        

is the preferred course of action in this state pursuant to        1,553        

division (B)(3)(b) of this section that the officer arrest that    1,555        

person, the officer shall articulate in the written report of the  1,556        

incident required by section 2935.032 of the Revised Code a clear  1,557        

statement of the officer's reasons for not arresting and           1,558        

detaining that person until a warrant can be obtained.                          

      (d)  In determining for purposes of division (B)(3)(b) of    1,561        

this section which family or household member is the primary       1,562        

physical aggressor in a situation in which family or household     1,563        

members have committed the offense of domestic violence or the     1,564        

offense of violating a protection order against each other, a      1,565        

peace officer described in division (A) of this section, in        1,566        

addition to any other relevant circumstances, should consider all  1,567        

of the following:                                                  1,568        

      (i)  Any history of domestic violence or of any other        1,571        

violent acts by either person involved in the alleged offense      1,572        

that the officer reasonably can ascertain;                                      

      (ii)  If violence is alleged, whether the alleged violence   1,575        

was caused by a person acting in self-defense;                     1,576        

      (iii)  Each person's fear of physical harm, if any,          1,579        

resulting from the other person's threatened use of force against  1,580        

any person or resulting from the other person's use or history of  1,581        

the use of force against any person, and the reasonableness of     1,582        

that fear;                                                                      

      (iv)  The comparative severity of any injuries suffered by   1,585        

the persons involved in the alleged offense.                                    

      (e)(i)  A peace officer described in division (A) of this    1,588        

section shall not require, as a prerequisite to arresting or       1,589        

charging a person who has committed the offense of domestic        1,590        

violence or the offense of violating a protection order, that the  1,591        

                                                          38     


                                                                 
victim of the offense specifically consent to the filing of        1,592        

charges against the person who has committed the offense or sign   1,593        

a complaint against the person who has committed the offense.      1,594        

      (ii)  If a person is arrested for or charged with            1,597        

committing the offense of domestic violence or the offense of      1,598        

violating a protection order and if the victim of the offense      1,599        

does not cooperate with the involved law enforcement or            1,600        

prosecuting authorities in the prosecution of the offense or,      1,601        

subsequent to the arrest or the filing of the charges, informs     1,602        

the involved law enforcement or prosecuting authorities that the   1,603        

victim does not wish the prosecution of the offense to continue    1,604        

or wishes to drop charges against the alleged offender relative    1,605        

to the offense, the involved prosecuting authorities, in           1,606        

determining whether to continue with the prosecution of the        1,607        

offense or whether to dismiss charges against the alleged          1,608        

offender relative to the offense and notwithstanding the victim's  1,609        

failure to cooperate or the victim's wishes, shall consider all    1,610        

facts and circumstances that are relevant to the offense,          1,611        

including, but not limited to, the statements and observations of  1,612        

the peace officers who responded to the incident that resulted in  1,613        

the arrest or filing of the charges and of all witnesses to that   1,614        

incident.                                                                       

      (f)  In determining pursuant to divisions (B)(3)(a) to (g)   1,616        

of this section whether to arrest a person pursuant to division    1,617        

(B)(1) of this section, a peace officer described in division (A)  1,619        

of this section shall not consider as a factor any possible        1,620        

shortage of cell space at the detention facility to which the      1,621        

person will be taken subsequent to the person's arrest or any      1,622        

possibility that the person's arrest might cause, contribute to,                

or exacerbate overcrowding at that detention facility or at any    1,623        

other detention facility.                                          1,624        

      (g)  If a peace officer described in division (A) of this    1,627        

section intends pursuant to divisions (B)(3)(a) to (g) of this     1,629        

section to arrest a person pursuant to division (B)(1) of this     1,630        

                                                          39     


                                                                 
section and if the officer is unable to do so because the person   1,632        

is not present, the officer promptly shall seek a warrant for the  1,633        

arrest of the person.                                                           

      (h)  If a peace officer described in division (A) of this    1,636        

section responds to a report of an alleged incident of the         1,637        

offense of domestic violence or an alleged incident of the         1,638        

offense of violating a protection order and if the circumstances   1,639        

of the incident involved the use or threatened use of a deadly     1,641        

weapon or any person involved in the incident brandished a deadly  1,642        

weapon during or in relation to the incident, the deadly weapon    1,643        

that was used, threatened to be used, or brandished constitutes    1,644        

contraband, and, to the extent possible, the officer shall seize   1,645        

the deadly weapon as contraband pursuant to section 2933.43 of     1,646        

the Revised Code.  Upon the seizure of a deadly weapon pursuant    1,647        

to division (B)(3)(h) of this section, section 2933.43 of the      1,649        

Revised Code shall apply regarding the treatment and disposition   1,650        

of the deadly weapon.  For purposes of that section, the           1,651        

"underlying criminal offense" that was the basis of the seizure    1,653        

of a deadly weapon under division (B)(3)(h) of this section and    1,654        

to which the deadly weapon had a relationship is any of the        1,655        

following that is applicable:                                      1,656        

      (i)  The alleged incident of the offense of domestic         1,659        

violence or the alleged incident of the offense of violating a     1,660        

protection order to which the officer who seized the deadly        1,661        

weapon responded;                                                               

      (ii)  Any offense that arose out of the same facts and       1,664        

circumstances as the report of the alleged incident of the         1,665        

offense of domestic violence or the alleged incident of the                     

offense of violating a protection order to which the officer who   1,667        

seized the deadly weapon responded.                                             

      (4)  If, in the circumstances described in divisions         1,669        

(B)(3)(a) to (g) of this section, a peace officer described in     1,670        

division (A) of this section arrests and detains a person          1,671        

pursuant to division (B)(1) of this section, or if, pursuant to    1,673        

                                                          40     


                                                                 
division (B)(3)(h) of this section, a peace officer described in   1,674        

division (A) of this section seizes a deadly weapon, the officer,  1,675        

to the extent described in and in accordance with section 9.86 or  1,676        

2744.03 of the Revised Code, is immune in any civil action for     1,678        

damages for injury, death, or loss to person or property that                   

arises from or is related to the arrest and detention or the       1,679        

seizure.                                                           1,680        

      (C)  When there is reasonable ground to believe that a       1,682        

violation of division (A), (B), or (C) of section 4506.15 or a     1,683        

violation of section 4511.19 of the Revised Code has been          1,684        

committed by a person operating a motor vehicle subject to         1,685        

regulation by the public utilities commission of Ohio under Title  1,686        

XLIX of the Revised Code, a peace officer with authority to        1,687        

enforce that provision of law may stop or detain the person whom   1,688        

the officer has reasonable cause to believe was operating the      1,689        

motor vehicle in violation of the division or section and, after   1,690        

investigating the circumstances surrounding the operation of the   1,691        

vehicle, may arrest and detain the person.                         1,692        

      (D)  If a sheriff, deputy sheriff, marshal, deputy marshal,  1,694        

municipal police officer, member of a police force employed by a   1,695        

metropolitan housing authority under division (D) of section       1,696        

3735.31 of the Revised Code, member of a police force employed by  1,697        

a regional transit authority under division (Y) of section 306.35  1,698        

of the Revised Code, SPECIAL POLICE OFFICER EMPLOYED BY A PORT     1,699        

AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE,    1,700        

township constable, police officer of a township or joint          1,701        

township police district, state university law enforcement         1,702        

officer appointed under section 3345.04 of the Revised Code,       1,703        

peace officer of the department of natural resources, or           1,704        

individual designated to perform law enforcement duties under                   

section 511.232, 1545.13, or 6101.75 of the Revised Code is        1,705        

authorized by division (A) or (B) of this section to arrest and    1,708        

detain, within the limits of the political subdivision,            1,709        

metropolitan housing authority housing project, regional transit   1,710        

                                                          41     


                                                                 
authority facilities or those areas of a municipal corporation     1,711        

that have been agreed to by a regional transit authority and a                  

municipal corporation located within its territorial               1,712        

jurisdiction, PORT AUTHORITY, college, or university in which the  1,713        

officer is appointed, employed, or elected or within the limits    1,715        

of the territorial jurisdiction of the peace officer, a person     1,716        

until a warrant can be obtained, the peace officer, outside the    1,717        

limits of that territory, may pursue, arrest, and detain that      1,718        

person until a warrant can be obtained if all of the following     1,720        

apply:                                                                          

      (1)  The pursuit takes place without unreasonable delay      1,722        

after the offense is committed;                                    1,723        

      (2)  The pursuit is initiated within the limits of the       1,725        

political subdivision, metropolitan housing authority housing      1,726        

project, regional transit authority facilities or those areas of   1,727        

a municipal corporation that have been agreed to by a regional     1,728        

transit authority and a municipal corporation located within its   1,729        

territorial jurisdiction, PORT AUTHORITY, college, or university   1,730        

in which the peace officer is appointed, employed, or elected or   1,732        

within the limits of the territorial jurisdiction of the peace     1,733        

officer;                                                                        

      (3)  The offense involved is a felony, a misdemeanor of the  1,735        

first degree or a substantially equivalent municipal ordinance, a  1,736        

misdemeanor of the second degree or a substantially equivalent     1,737        

municipal ordinance, or any offense for which points are           1,738        

chargeable pursuant to division (G) of section 4507.021 of the     1,739        

Revised Code.                                                      1,740        

      (E)  In addition to the authority granted under division     1,742        

(A) or (B) of this section:                                        1,743        

      (1)  A sheriff or deputy sheriff may arrest and detain,      1,745        

until a warrant can be obtained, any person found violating        1,746        

section 4503.11, 4503.21, or 4549.01, sections 4549.08 to          1,747        

4549.12, section 4549.62, or Chapter 4511. or 4513. of the         1,748        

Revised Code on the portion of any street or highway that is       1,749        

                                                          42     


                                                                 
located immediately adjacent to the boundaries of the county in    1,750        

which the sheriff or deputy sheriff is elected or appointed.       1,751        

      (2)  A member of the police force of a township police       1,753        

district created under section 505.48 of the Revised Code, a       1,754        

member of the police force of a joint township police district     1,755        

created under section 505.481 of the Revised Code, or a township   1,757        

constable appointed in accordance with section 509.01 of the       1,758        

Revised Code, who has received a certificate from the Ohio peace   1,759        

officer training commission under section 109.75 of the Revised    1,760        

Code, may arrest and detain, until a warrant can be obtained, any  1,761        

person found violating any section or chapter of the Revised Code  1,762        

listed in division (E)(1) of this section, other than sections     1,763        

4513.33 and 4513.34 of the Revised Code, on the portion of any     1,764        

street or highway that is located immediately adjacent to the      1,765        

boundaries of the township police district or joint township       1,766        

police district, in the case of a member of a township police      1,767        

district or joint township police district police force, or the    1,768        

unincorporated territory of the township, in the case of a         1,769        

township constable.  However, if the population of the township    1,770        

that created the township police district served by the member's   1,771        

police force, or the townships that created the joint township     1,772        

police district served by the member's police force, or the        1,773        

township that is served by the township constable, is sixty        1,774        

thousand or less, the member of the township police district or    1,775        

joint police district police force or the township constable may   1,776        

not make an arrest under division (E)(2) of this section on a      1,778        

state highway that is included as part of the interstate system.   1,779        

      (3)  A police officer or village marshal appointed,          1,781        

elected, or employed by a municipal corporation may arrest and     1,782        

detain, until a warrant can be obtained, any person found          1,783        

violating any section or chapter of the Revised Code listed in     1,784        

division (E)(1) of this section on the portion of any street or    1,785        

highway that is located immediately adjacent to the boundaries of  1,786        

the municipal corporation in which the police officer or village   1,787        

                                                          43     


                                                                 
marshal is appointed, elected, or employed.                        1,788        

      (4)  A peace officer of the department of natural resources  1,791        

or an individual designated to perform law enforcement duties      1,792        

under section 511.232, 1545.13, or 6101.75 of the Revised Code     1,794        

may arrest and detain, until a warrant can be obtained, any        1,795        

person found violating any section or chapter of the Revised Code  1,797        

listed in division (E)(1) of this section, other than sections     1,799        

4513.33 and 4513.34 of the Revised Code, on the portion of any     1,801        

street or highway that is located immediately adjacent to the      1,802        

boundaries of the lands and waters that constitute the             1,803        

territorial jurisdiction of the peace officer.                     1,804        

      (F)(1)  A department of mental health special police         1,806        

officer or a department of mental retardation and developmental    1,807        

disabilities special police officer may arrest without a warrant   1,808        

and detain until a warrant can be obtained any person found        1,809        

committing on the premises of any institution under the            1,810        

jurisdiction of the particular department a misdemeanor under a    1,811        

law of the state.                                                               

      A department of mental health special police officer or a    1,813        

department of mental retardation and developmental disabilities    1,814        

special police officer may arrest without a warrant and detain     1,815        

until a warrant can be obtained any person who has been            1,816        

hospitalized, institutionalized, or confined in an institution     1,817        

under the jurisdiction of the particular department pursuant to    1,818        

or under authority of section 2945.37, 2945.371, 2945.38,          1,819        

2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and    1,821        

who is found committing on the premises of any institution under   1,822        

the jurisdiction of the particular department a violation of       1,823        

section 2921.34 of the Revised Code that involves an escape from   1,824        

the premises of the institution.                                   1,825        

      (2)(a)  If a department of mental health special police      1,827        

officer or a department of mental retardation and developmental    1,828        

disabilities special police officer finds any person who has been  1,829        

hospitalized, institutionalized, or confined in an institution     1,830        

                                                          44     


                                                                 
under the jurisdiction of the particular department pursuant to    1,831        

or under authority of section 2945.37, 2945.371, 2945.38,          1,832        

2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code        1,834        

committing a violation of section 2921.34 of the Revised Code      1,835        

that involves an escape from the premises of the institution, or   1,836        

if there is reasonable ground to believe that a violation of       1,837        

section 2921.34 of the Revised Code has been committed that        1,838        

involves an escape from the premises of an institution under the   1,839        

jurisdiction of the department of mental health or the department  1,840        

of mental retardation and developmental disabilities and if a      1,841        

department of mental health special police officer or a            1,842        

department of mental retardation and developmental disabilities    1,843        

special police officer has reasonable cause to believe that a      1,844        

particular person who has been hospitalized, institutionalized,    1,845        

or confined in the institution pursuant to or under authority of   1,846        

section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,    1,847        

or 2945.402 of the Revised Code is guilty of the violation, the    1,848        

special police officer, outside of the premises of the             1,849        

institution, may pursue, arrest, and detain that person for that   1,850        

violation of section 2921.34 of the Revised Code, until a warrant  1,851        

can be obtained, if both of the following apply:                   1,852        

      (i)  The pursuit takes place without unreasonable delay      1,854        

after the offense is committed;                                    1,855        

      (ii)  The pursuit is initiated within the premises of the    1,857        

institution from which the violation of section 2921.34 of the     1,858        

Revised Code occurred.                                             1,859        

      (b)  For purposes of division (F)(2)(a) of this section,     1,861        

the execution of a written statement by the administrator of the   1,862        

institution in which a person had been hospitalized,               1,863        

institutionalized, or confined pursuant to or under authority of   1,864        

section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,    1,866        

or 2945.402 of the Revised Code alleging that the person has       1,867        

escaped from the premises of the institution in violation of       1,868        

section 2921.34 of the Revised Code constitutes reasonable ground  1,869        

                                                          45     


                                                                 
to believe that the violation was committed and reasonable cause   1,870        

to believe that the person alleged in the statement to have        1,871        

committed the offense is guilty of the violation.                  1,872        

      (G)  As used in this section:                                1,874        

      (1)  A "department of mental health special police officer"  1,876        

means a special police officer of the department of mental health  1,877        

designated under section 5119.14 of the Revised Code who is        1,878        

certified by the Ohio peace officer training commission under      1,879        

section 109.77 of the Revised Code as having successfully          1,880        

completed an approved peace officer basic training program.        1,881        

      (2)  A "department of mental retardation and developmental   1,883        

disabilities special police officer" means a special police        1,885        

officer of the department of mental retardation and developmental  1,886        

disabilities designated under section 5123.13 of the Revised Code  1,887        

who is certified by the Ohio peace officer training council under  1,888        

section 109.77 of the Revised Code as having successfully          1,889        

completed an approved peace officer basic training program.        1,890        

      (3)  "Deadly weapon" has the same meaning as in section      1,892        

2923.11 of the Revised Code.                                       1,893        

      (4)  "Family or household member" has the same meaning as    1,895        

in section 2919.25 of the Revised Code.                            1,896        

      (5)  "Street" or "highway" has the same meaning as in        1,898        

section 4511.01 of the Revised Code.                               1,899        

      (6)  "Interstate system" has the same meaning as in section  1,901        

5516.01 of the Revised Code.                                       1,902        

      (7)  "Peace officer of the department of natural resources"  1,905        

means an employee of the department of natural resources who is a  1,907        

natural resources law enforcement staff officer designated                      

pursuant to section 1501.013, a forest officer designated          1,908        

pursuant to section 1503.29, a preserve officer designated         1,909        

pursuant to section 1517.10, a wildlife officer designated         1,910        

pursuant to section 1531.13, a park officer designated pursuant    1,911        

to section 1541.10, or a state watercraft officer designated       1,913        

pursuant to section 1547.521 of the Revised Code.                  1,914        

                                                          46     


                                                                 
      Sec. 4582.01.  As used in sections 4582.02 to 4582.20 of     1,925        

the Revised Code:                                                  1,926        

      (A)  "Port authority" means a port authority BODY CORPORATE  1,928        

AND POLITIC created pursuant to THE authority of section 4582.02   1,930        

of the Revised Code.                                                            

      (B)  "Submerged lands" means the lands presently underlying  1,932        

the waters of Lake Erie or formerly underlying the waters of Lake  1,933        

Erie and now artificially filled between the natural shoreline     1,934        

and the harbor line or the line of commercial navigation where no  1,935        

harbor line has been established.                                  1,936        

      (C)  "Uplands" means lands contiguous to or fronting upon    1,938        

any submerged lands in this state.                                 1,939        

      (D)  "Publication" means publication once a week on the      1,941        

same day of the week for three consecutive weeks in a newspaper    1,942        

of general circulation in the county or counties wherein such      1,943        

publication is required to be made.  Publication shall be          1,944        

complete on the date of the last publication.                      1,945        

      (E)  "Aviation facilities" means aircraft and any            1,947        

facilities used, available for use, or designed for use for the    1,948        

safe navigation, landing or taking off of aircraft; for the        1,949        

safety, storage, maintenance and repair of aircraft; for the       1,950        

comfort and accommodations of the users of air transportation,     1,951        

including persons, cargo, mail, and other property, and for the    1,952        

safe and efficient operation and maintenance of airports and any   1,953        

care of such facilities.                                           1,954        

      (F)  "Authorized purposes" or "purpose" means either of the  1,956        

following:                                                         1,957        

      (1)  Activities which increase THAT ENHANCE, foster, aid,    1,959        

PROVIDE, or promote air or water transportation, economic          1,960        

development, or residential facilities HOUSING, RECREATION,        1,961        

EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR RESEARCH within    1,962        

the jurisdiction of the port authority;                            1,963        

      (2)  Activities consistent with section AUTHORIZED BY        1,966        

SECTIONS 13 AND 16 of article ARTICLE VIII, Ohio Constitution.     1,967        

                                                          47     


                                                                 
      (G)(C)  "COST," AS APPLIED TO A PORT AUTHORITY FACILITY,     1,969        

MEANS THE COST OF ACQUISITION OR CONSTRUCTION OF THE FACILITY,     1,970        

AND THE COST OF ACQUISITION OF ALL LAND, RIGHTS-OF-WAY, PROPERTY   1,971        

RIGHTS, EASEMENTS, FRANCHISE RIGHTS, AND INTERESTS REQUIRED FOR    1,972        

THAT ACQUISITION OR CONSTRUCTION, THE COST OF DEMOLISHING OR       1,973        

REMOVING ANY BUILDINGS OR STRUCTURES ON LAND SO ACQUIRED,          1,974        

INCLUDING THE COST OF ACQUIRING ANY LANDS TO WHICH THOSE           1,975        

BUILDINGS OR STRUCTURES MAY BE MOVED, THE COST OF ACQUIRING OR     1,976        

CONSTRUCTING AND EQUIPPING A PRINCIPAL OFFICE OF THE PORT          1,977        

AUTHORITY, THE COST OF DIVERTING HIGHWAYS, INTERCHANGE OF          1,978        

HIGHWAYS AND ACCESS ROADS TO PRIVATE PROPERTY, INCLUDING THE COST  1,980        

OF LAND OR EASEMENTS FOR THE ACCESS ROADS, THE COST OF PUBLIC      1,981        

UTILITY AND COMMON CARRIER RELOCATION OR DUPLICATION, THE COST OF  1,982        

ALL MACHINERY, FURNISHINGS, AND EQUIPMENT, FINANCING CHARGES,      1,983        

INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR NO MORE THAN     1,984        

EIGHTEEN MONTHS AFTER THE COMPLETION OF CONSTRUCTION,                           

ENGINEERING, EXPENSES OF RESEARCH AND DEVELOPMENT WITH RESPECT TO  1,986        

PORT AUTHORITY FACILITIES, LEGAL EXPENSES, PLANS, SPECIFICATIONS,  1,987        

SURVEYS, STUDIES, ESTIMATES OF COST AND REVENUES, OTHER EXPENSES   1,988        

NECESSARY OR INCIDENT TO DETERMINING THE FEASIBILITY OR            1,989        

PRACTICABILITY OF ACQUIRING OR CONSTRUCTING THE FACILITY,          1,990        

ADMINISTRATIVE EXPENSE, AND ANY OTHER EXPENSES NECESSARY OR        1,991        

INCIDENT TO ACQUIRING OR CONSTRUCTING THE FACILITY, THE FINANCING  1,992        

OF SUCH ACQUISITION OR CONSTRUCTION, INCLUDING THE AMOUNT          1,993        

AUTHORIZED IN THE RESOLUTION OF THE PORT AUTHORITY PROVIDING FOR   1,994        

THE ISSUANCE OF PORT AUTHORITY REVENUE BONDS TO BE PAID INTO ANY   1,995        

SPECIAL FUNDS FROM THE PROCEEDS OF THE BONDS AND THE FINANCING OF  1,996        

THE PLACING OF THE FACILITY IN OPERATION.  ANY OBLIGATION, COST,   1,997        

OR EXPENSE INCURRED BY ANY GOVERNMENTAL AGENCY OR PERSON FOR       1,998        

SURVEYS, BORINGS, THE PREPARATION OF PLANS AND SPECIFICATIONS,     1,999        

AND OTHER ENGINEERING SERVICES, OR ANY OTHER COST DESCRIBED        2,000        

ABOVE, IN CONNECTION WITH THE ACQUISITION OR CONSTRUCTION OF A     2,001        

FACILITY MAY BE REGARDED AS PART OF THE COST OF THE FACILITY AND   2,002        

MAY BE REIMBURSED OUT OF THE PROCEEDS OF PORT AUTHORITY REVENUE    2,003        

                                                          48     


                                                                 
BONDS AS AUTHORIZED BY THIS CHAPTER.                               2,004        

      (D)  "Port authority facilities" means all real or personal  2,007        

property, or ANY combination thereof, THAT IS OWNED, LEASED, OR    2,008        

OTHERWISE CONTROLLED OR FINANCED BY A PORT AUTHORITY AND IS                     

related to or used in any commercial, industrial, distribution,    2,009        

transportation, residential, recreational, educational, cultural,  2,011        

or research facility, including aviation facilities and waterport  2,012        

facilities, USEFUL FOR, OR IN FURTHERANCE OF, ONE OR MORE          2,013        

AUTHORIZED PURPOSES.                                                            

      (H)(E)  "Bonds" means bonds, notes, or other forms or        2,015        

evidences of obligation issued in temporary or definitive form,    2,016        

including notes issued in anticipation of the issuance of bonds    2,017        

and renewal notes.                                                              

      (F)  "CONSTRUCTION," UNLESS THE CONTEXT INDICATES A          2,019        

DIFFERENT MEANING OR INTENT, INCLUDES ALTERATION, CONSTRUCTION,    2,020        

CREATION, DEVELOPMENT, ENLARGEMENT, IMPROVEMENT, INSTALLATION,     2,021        

RECONSTRUCTION, REMODELING, AND RENOVATION.                        2,023        

      (G)  "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP, OR    2,025        

CORPORATION, OR ANY COMBINATION THEREOF.                           2,027        

      (H)  "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL        2,030        

SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF     2,031        

ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT    2,032        

AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL   2,033        

SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE.  "CONTRACTING       2,034        

SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT.  2,035        

      (I)  "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT         2,038        

LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT      2,039        

AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT         2,040        

DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL    2,041        

AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT,       2,042        

REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT,  2,044        

AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS      2,045        

STATE.  "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A              2,046        

TRANSPORTATION IMPROVEMENT DISTRICT.                                            

                                                          49     


                                                                 
      Sec. 4582.02.  Any municipal corporation, township, county,  2,055        

or any combination of a municipal corporation, municipal           2,056        

corporations, township, townships, county, or counties, no one     2,057        

NONE of which has been WAS included in a port authority in         2,058        

existence on December 16, 1964, comprising more than one           2,059        

subdivision, may create a port authority.  A municipal             2,060        

corporation shall act by ordinance, a township shall act by                     

resolution of the township trustees, and a county shall act by     2,062        

resolution of the county commissioners, in authorizing the                      

creation of a port authority.  A port authority created pursuant   2,063        

to this section is a body corporate and politic which THAT may     2,064        

sue and be sued, plead and be impleaded, and has the powers and    2,065        

jurisdiction enumerated in sections 4582.01 to 4582.20,            2,066        

inclusive, of the Revised Code.  The exercise by such THE port     2,067        

authority of the powers conferred upon it shall be deemed          2,068        

CONSIDERED to be essential governmental functions of this state,   2,069        

but no port authority is immune from liability by reason thereof.  2,070        

      Sec. 4582.023.  Any political subdivision within the         2,079        

jurisdiction of a port authority may appropriate and expend        2,080        

public funds not otherwise appropriated to finance or subsidize    2,081        

the OPERATION AND AUTHORIZED purposes of the port authority so     2,082        

created.                                                                        

      Subject to making due provisions for payment and             2,084        

performance of its obligations, a port authority may be dissolved  2,085        

by the subdivision or subdivisions creating it, and in such THAT   2,086        

event the properties of the port authority shall be transferred    2,087        

to the subdivision creating it, or, if created by more than one    2,088        

subdivision, to the subdivisions creating it in such manner as     2,089        

may be agreed upon between such THE subdivisions PRIOR TO THE      2,090        

DISSOLUTION OF THE PORT AUTHORITY.                                 2,091        

      Sec. 4582.03.  (A)  A port authority created in accordance   2,101        

with section 4582.02 of the Revised Code shall be governed by a    2,102        

board of directors.  Members of a board of directors of a port     2,103        

authority created by the exclusive action of a municipal           2,104        

                                                          50     


                                                                 
corporation shall consist of the number of members it deems        2,105        

CONSIDERS necessary and SHALL be appointed by the mayor with the   2,106        

advice and consent of the council.  Members of a board of          2,108        

directors of a port authority created by the exclusive action of   2,109        

a township shall consist of such members as it deems CONSIDERS     2,110        

necessary and shall be appointed by the township trustees of such  2,111        

THE township.  Members of a board of directors of a port           2,112        

authority created by the exclusive action of a county shall        2,114        

consist of such members as it deems CONSIDERS necessary and SHALL  2,115        

be appointed by the county commissioners of such THE county.       2,116        

Members of a board of directors of a port authority created by a   2,118        

combination of political subdivisions shall be divided among such  2,119        

THE political subdivisions in such proportions as such THE         2,120        

political subdivisions may agree and SHALL BE appointed BY THE     2,121        

PARTICIPATING POLITICAL SUBDIVISIONS in the same manner as this    2,122        

section provides for their THE appointment when such OF MEMBERS    2,123        

BY A political subdivision creates CREATING its own port           2,124        

authority.  When a port authority is created by a combination of   2,125        

political subdivisions, the number of directors composing          2,126        

COMPRISING the board shall be determined by agreement between      2,128        

such THE political subdivisions, WHICH NUMBER FROM TIME TO TIME    2,129        

MAY BE CHANGED BY AMENDMENT OF THE AGREEMENT.  The appointing      2,130        

body may at any time remove a director appointed by it for         2,132        

misfeasance, nonfeasance, or malfeasance in office.                             

      Each director A MAJORITY OF THE DIRECTORS shall have been a  2,135        

qualified elector ELECTORS of, or shall have had his business      2,136        

THEIR BUSINESSES or place PLACES of employment in, one or more     2,138        

political subdivisions within the area of the jurisdiction of the  2,139        

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

preceding his THEIR appointment.                                   2,140        

      The directors of any port authority first appointed shall    2,142        

serve staggered terms.  Thereafter each successor shall serve for  2,143        

a term of four years, except that any person appointed to fill a   2,144        

vacancy shall be appointed to only the unexpired term and any      2,145        

                                                          51     


                                                                 
director is eligible for reappointment.                            2,146        

      THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL   2,148        

OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR        2,149        

MEETINGS OF THE BOARD.  IF A DIRECTOR IS SO REMOVED, A SUCCESSOR   2,150        

SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR  2,152        

IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT.          2,153        

      The directors shall elect one of their membership as         2,155        

chairman, CHAIRPERSON and another as vice chairman                 2,156        

VICE-CHAIRPERSON and shall designate their terms of office, and    2,157        

shall appoint a secretary who need not be a director.  A majority  2,158        

of the board of directors shall constitute a quorum, the           2,159        

affirmative vote of which shall be necessary for any action taken  2,161        

by the port authority.  No vacancy in the membership of the board  2,162        

shall impair the rights of a quorum to exercise all the rights     2,163        

and perform all the duties of the port authority.                  2,164        

      Each member of the board of directors of a port authority    2,166        

shall be entitled to receive from the port authority such sum of   2,167        

money as the board of directors may determine as compensation for  2,168        

his services as director and reimbursement for his reasonable      2,169        

expenses in the performance of his OFFICIAL duties.                2,170        

      (B)  Except for civil actions that arise out of the          2,172        

operation of a motor vehicle and civil actions in which the port   2,173        

authority is the plaintiff, no director, officer, or employee of   2,174        

a port authority shall be liable in any civil action that arises   2,175        

under the law of this state for damage or injury caused in the     2,176        

performance of his OFFICIAL duties, unless the director's,         2,177        

officer's, or employees's EMPLOYEE'S actions were manifestly       2,178        

outside the scope of his THE DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S  2,180        

employment or official responsibilities, or unless the director,   2,181        

officer, or employee acted with malicious purpose, in bad faith,                

or in a wanton or reckless manner.                                 2,182        

      This section does not eliminate, limit, or reduce any        2,184        

immunity from civil liability that is conferred upon a director,   2,185        

officer, or employee by any other provision of the Revised Code    2,186        

                                                          52     


                                                                 
or by case law.                                                    2,187        

      (C)(1)  A port authority shall, except as provided in        2,189        

division (B) of this section, SHALL indemnify a director,          2,190        

officer, or employee from liability incurred in the performance    2,191        

of his OFFICIAL duties by paying any judgment in, or amount        2,192        

negotiated in settlement of, any civil action arising under        2,194        

federal law, the law of another state, or the law of a foreign     2,195        

jurisdiction.  The reasonableness of the amount of any consent     2,196        

judgment or settlement is subject to the review and approval of    2,197        

the board of DIRECTORS OF the port authority.  The maximum         2,198        

aggregate amount of indemnification paid directly from funds to    2,199        

or on behalf of any director, officer, or employee pursuant to     2,200        

this division shall be one million dollars per occurrence,         2,201        

regardless of the number of persons who suffer damage, injury, or  2,202        

death as a result of the occurrence.                                            

      (2)  A port authority shall not indemnify a director,        2,204        

officer, or employee under any of the following circumstances:     2,205        

      (a)  To the extent the director, officer, or employee is     2,207        

covered by a policy of insurance for civil liability purchased by  2,208        

the port authority;                                                2,209        

      (b)  When the director, officer, or employee acts            2,211        

manifestly outside the scope of his THE DIRECTOR'S, OFFICER'S, OR  2,212        

EMPLOYEE'S employment or official responsibilities, with           2,213        

malicious purpose, in bad faith, or in a wanton or reckless        2,214        

manner;                                                                         

      (c)  For any portion of a judgment that represents punitive  2,216        

or exemplary damages;                                              2,217        

      (d)  For any portion of a consent judgment or settlement     2,219        

that is unreasonable.                                              2,220        

      (3)  The port authority may purchase a policy or policies    2,222        

of insurance on behalf of directors, officers, and employees of    2,223        

the port authority from an insurer or insurers licensed to do      2,224        

business in this state providing coverage for damages in           2,225        

connection with any civil action, demand, or claim against the     2,226        

                                                          53     


                                                                 
director, officer, or employee by reason of an act or omission by  2,227        

the director, officer, or employee occurring in the performance    2,228        

of his OFFICIAL duties and not coming within the terms of          2,229        

division (C)(2)(b) of this section.                                2,231        

      (4)  This section does not affect any of the following:      2,233        

      (a)  Any defense that would otherwise be available in an     2,235        

action alleging personal liability of a director, officer, or      2,236        

employee;                                                          2,237        

      (b)  The operation of section 9.83 of the Revised Code.      2,239        

      Sec. 4582.04.  (A)  A port authority created in accordance   2,248        

with section 4582.02 of the Revised Code shall employ and fix the  2,249        

qualifications, duties, and compensation of such ANY employees     2,250        

and professional help as it may require to conduct the business    2,251        

of the port and may appoint an advisory board, which shall serve   2,252        

without compensation.  Any employee may be suspended or            2,253        

dismissed, and the services of professional help may be            2,254        

terminated at any time by the port authority.                      2,255        

      (B)  A port authority may provide for the administration     2,257        

and enforcement of the laws of the state by employing special      2,258        

policemen, POLICE OFFICERS and may seek the assistance of other    2,259        

appropriate law enforcement officers to enforce its regulations    2,260        

and maintain order.                                                2,261        

      (C)  Special policemen POLICE OFFICERS employed by a port    2,263        

authority shall serve as a security force POLICE OFFICERS with     2,264        

respect to the property, grounds, buildings, equipment, and        2,265        

facilities under the control of the port authority, to prevent     2,267        

hijacking of aircraft or watercraft, protect the property of the   2,268        

authority AND THE PROPERTY OF OTHERS LOCATED THEREON, suppress     2,269        

nuisances and disturbances and breaches of the peace, AND enforce  2,270        

laws AND THE RULES OF THE PORT AUTHORITY for the preservation of   2,271        

good order.  In performing their duties, special policemen POLICE  2,273        

OFFICERS are vested with the same powers of arrest as police       2,274        

officers under section 2935.03 of the Revised Code.                             

      ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT    2,276        

                                                          54     


                                                                 
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF   2,277        

THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS   2,280        

DEFINED IN SECTION 742.01 OF THE REVISED CODE.                     2,282        

      Sec. 4582.041.  (A)  Any A port authority created under      2,291        

section 4582.02 of the Revised Code may procure and pay all or     2,292        

any part of the cost of group hospitalization, surgical, major     2,293        

medical, sickness and accident insurance, or group life            2,294        

insurance, or a combination of any of the foregoing types of       2,295        

insurance or coverage for full-time employees and their immediate  2,296        

dependents FAMILIES, issued by an insurance company duly           2,297        

authorized to do business in this state.                           2,299        

      (B)  Any A port authority also may procure and pay all or    2,301        

any part of the cost of a plan of group hospitalization,           2,302        

surgical, or major medical, OR SICKNESS AND ACCIDENT insurance     2,303        

with a health insuring corporation holding a certificate of        2,305        

authority under Chapter 1751. of the Revised Code, provided that   2,306        

each full-time employee shall be permitted to:                     2,308        

      (1)  Exercise an option between a plan offered by an         2,310        

insurance company as provided in division (A) of this section and  2,312        

such a plan offered by a health insuring corporation under this    2,313        

division, on the condition that the full-time employee shall pay   2,315        

any amount by which the cost of the plan offered in this division  2,316        

exceeds the cost of the plan offered under division (A) of this    2,317        

section; and                                                                    

      (2)  Change from one of the two plans to the other at a      2,319        

time each year as determined by the port authority.                2,320        

      (C)  A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE   2,323        

OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON  2,324        

ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER       2,325        

GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE   2,326        

EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES.  A PORT  2,327        

AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT   2,328        

SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR        2,329        

MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE.                       2,330        

                                                          55     


                                                                 
      Sec. 4582.05.  The area of jurisdiction of a port authority  2,339        

created in accordance with section 4582.02 of the Revised Code     2,341        

shall include all of the territory of the political subdivision    2,343        

or subdivisions creating it, provided that in no case OTHER THAN   2,345        

AS MAY RESULT FROM THE DETERMINATION OF A PORT AUTHORITY UNDER     2,346        

DIVISION (C) OF SECTION 4582.201 OF THE REVISED CODE TO CHANGE                  

THE PROVISIONS OF CHAPTER 4582. OF THE REVISED CODE THAT GOVERN    2,347        

ITS OPERATION, shall the same area be included in more than one    2,348        

port authority.                                                    2,349        

      Sec. 4582.06.  A port authority created in accordance with   2,358        

section 4582.02 of the Revised Code may:                           2,359        

      (A)  Purchase ACQUIRE, construct, reconstruct, enlarge,      2,361        

improve FURNISH, equip, develop MAINTAIN, REPAIR, sell, exchange,  2,363        

lease TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, convey other   2,364        

interests in, and OR operate port authority facilities REAL OR     2,365        

PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL  2,366        

FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, and make         2,367        

charges for the use thereof OF ANY PORT AUTHORITY FACILITY, which  2,368        

shall be not less than the charges established for the same        2,369        

services furnished by a public utility or common carrier in the    2,370        

JURISDICTION OF THE particular port authority jurisdiction;        2,371        

      (B)  Straighten, deepen, and improve any canal, channel,     2,373        

river, stream, or other water course or way which THAT may be      2,375        

necessary or proper in the development of the facilities of such                

THE port AUTHORITY;                                                2,376        

      (C)  Acquire, own, hold, sell, lease, or operate real or     2,378        

personal property for the authorized purposes of the port          2,379        

authority;                                                         2,380        

      (D)  Issue bonds or notes for the acquisition or,            2,382        

construction, FURNISHING, OR EQUIPPING OF ANY REAL OR PERSONAL     2,383        

PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR   2,384        

IN FURTHERANCE of any permanent improvement which a port           2,385        

authority is authorized to acquire or construct PURPOSE, in        2,386        

compliance with Chapter 133. of the Revised Code, except that      2,388        

                                                          56     


                                                                 
such THE bonds or notes may only MAY be issued pursuant to a vote  2,389        

of the electors residing within the territory of the port          2,391        

authority.  The net indebtedness incurred by a port authority      2,392        

shall never exceed two per cent of the total value of all          2,393        

property within the territory comprising such THE authority as     2,394        

listed and assessed for taxation.                                               

      (E)(D)  By resolution of its board of directors, issue       2,396        

revenue bonds beyond the limit of bonded indebtedness provided by  2,397        

law, for the purpose of acquiring, constructing, or developing     2,398        

any port authority facility, other than a residential facility     2,399        

ACQUISITION, CONSTRUCTION, FURNISHING, OR EQUIPPING OF ANY REAL    2,400        

OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO,      2,401        

USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE,           2,402        

including all costs in connection with or incidental to such       2,403        

acquisition, construction, or development THERETO.  Pursuant to    2,404        

Section 13 of Article VIII, Ohio Constitution, and in order to     2,406        

create or preserve jobs and employment opportunities and improve   2,407        

the economic welfare, the port authority may loan moneys for or    2,408        

acquire, construct, reconstruct, develop, enlarge, improve,        2,409        

furnish, equip, sell, exchange, lease, convey other interests in,  2,410        

or lease with a contract or option to purchase, at such amount as  2,411        

the board of directors in its sole discretion may determine, real  2,412        

property, machinery, equipment, plants, factories, offices, and    2,413        

other structures and facilities for industry, commerce,            2,414        

distribution, and research, provided that when the costs thereof   2,415        

are to be paid by the port authority, the acquisition,             2,416        

construction, reconstruction, development, enlargement,            2,417        

improvement, and equipment of such property, plants, factories,    2,418        

offices, and other structures and facilities shall only be         2,419        

financed from the proceeds of revenue bonds issued under           2,420        

authority of this division or in a manner consistent with Section  2,421        

13 of Article VIII, Ohio Constitution.                             2,422        

      The port authority may construct, reconstruct, equip, or     2,424        

operate any facilities which it is authorized to acquire,          2,425        

                                                          57     


                                                                 
purchase, or lease.  Any sale, lease, lease with option to         2,426        

purchase, conveyance of other interests in, or contract for        2,427        

acquiring, constructing, reconstructing, operating, developing,    2,428        

enlarging, improving, or equipping any real property, plant,       2,429        

factory, office, or other structure or facility for industry,      2,430        

commerce, distribution, recreation, and research shall be made in  2,431        

such manner as is determined by the board of directors and shall   2,432        

not be subject to the provisions of section 4582.12 of the         2,433        

Revised Code.  The                                                 2,434        

      THE revenue bonds of the port authority shall be secured     2,437        

only by a pledge of and a lien on the revenues of the port         2,438        

authority derived from THOSE loan payments, rentals, fees,                      

charges, or other revenues from any improvements and facilities    2,439        

as THAT are designated in the resolution, including, but not       2,440        

limited to the improvements and facilities, ANY PROPERTY to be     2,442        

financed from or constructed, developed, or acquired,              2,443        

CONSTRUCTED, FURNISHED, OR EQUIPPED with the proceeds of the bond  2,444        

issue, after provision only for the reasonable cost of operating,  2,445        

maintaining, and repairing the improvements and facilities         2,446        

PROPERTY of the port authority so designated.  The bonds may       2,448        

further be secured by the covenant of the port authority to        2,449        

maintain such rates or charges as THAT will produce revenues       2,450        

sufficient to meet THE costs of operating, maintaining, and        2,452        

repairing such improvements and facilities PROPERTY and to meet    2,453        

the interest and principal requirements of such THE bonds and to   2,454        

establish and maintain reserves for the foregoing purposes.  The   2,455        

board of directors may, by resolution, MAY provide for the         2,456        

issuance of additional revenue bonds from time to time, such       2,457        

bonds to be secured equally and ratably, without preference,       2,458        

priority, or distinction, with outstanding revenue bonds, but      2,459        

subject to the terms and limitations of any trust agreement        2,460        

described in this section, and of any resolution authorizing       2,461        

bonds then outstanding.  The board of directors may, by            2,462        

resolution, MAY designate additional improvements and facilities   2,463        

                                                          58     


                                                                 
PROPERTY of the port authority, the revenues of which shall be     2,464        

pledged and be subject to a lien for service THE PAYMENT of the    2,465        

principal and interest requirements of DEBT CHARGES ON revenue     2,466        

bonds theretofore authorized by resolution of the board of         2,468        

directors, to the same extent as the revenues above described.     2,469        

      In the discretion of the board of directors of the port      2,471        

authority, the revenue bonds of the port authority may be secured  2,472        

by a trust agreement between the board of directors on behalf of   2,473        

the port authority and a corporate trustee, which trustee THAT     2,474        

may be any trust company or bank having powers of a trust          2,475        

company, within or without the state.                              2,476        

      The trust agreement may provide for the pledge or            2,478        

assignment of the revenues to be received, but shall not pledge    2,479        

the general credit and taxing power of the port authority.  A      2,480        

trust agreement securing revenue bonds issued to acquire,          2,481        

construct, reconstruct, develop, enlarge, improve FURNISH, or      2,482        

equip real property, plants, factories, offices, and other         2,484        

structures and facilities for industry, commerce, distribution,    2,485        

and research AUTHORIZED PURPOSES CONSISTENT WITH SECTION 13 OR 16  2,486        

OF ARTICLE VIII, OHIO CONSTITUTION, may mortgage the real or       2,488        

personal property, or both A COMBINATION THEREOF, to be acquired,  2,489        

constructed, reconstructed, developed, enlarged, or improved       2,491        

FURNISHED, OR EQUIPPED from the proceeds of such revenue bonds,    2,492        

as further security for such THE bonds.  The trust agreement or    2,493        

the resolution providing for the issuance of revenue bonds may     2,494        

set forth the rights and remedies of the bondholders and trustee,  2,495        

and may contain such other provisions for protecting and           2,496        

enforcing their rights and remedies as THAT are DETERMINED in the  2,497        

discretion of the board of directors TO BE reasonable and proper.  2,499        

Such THE agreement or resolution may provide for the custody,      2,501        

investment, and disbursement of all moneys derived from the sale   2,502        

of such bonds, or from the revenues of the port authority, other   2,503        

than those moneys received from taxes levied pursuant to section   2,504        

4582.14 of the Revised Code, and may provide for the deposit of    2,505        

                                                          59     


                                                                 
such funds without regard to section 4582.15 of the Revised Code.  2,506        

      ALL BONDS ISSUED UNDER AUTHORITY OF THIS CHAPTER,            2,508        

REGARDLESS OF FORM OR TERMS AND REGARDLESS OF ANY OTHER LAW TO     2,509        

THE CONTRARY, SHALL HAVE ALL QUALITIES AND INCIDENTS OF            2,510        

NEGOTIABLE INSTRUMENTS, SUBJECT TO PROVISIONS FOR REGISTRATION,    2,511        

AND MAY BE ISSUED IN COUPON, FULLY REGISTERED, OR OTHER FORM, OR   2,512        

ANY COMBINATION THEREOF, AS THE BOARD OF DIRECTORS DETERMINES.     2,513        

PROVISION MAY BE MADE FOR THE REGISTRATION OF ANY COUPON BONDS AS  2,514        

TO PRINCIPAL ALONE OR AS TO BOTH PRINCIPAL AND INTEREST, AND FOR   2,515        

THE CONVERSION INTO COUPON BONDS OF ANY FULLY REGISTERED BONDS OR  2,516        

BONDS REGISTERED AS TO BOTH PRINCIPAL AND INTEREST.                2,517        

      The revenue bonds shall bear interest at such rate or        2,519        

rates, SHALL BEAR SUCH DATE OR DATES, and shall mature within      2,520        

forty years following the date of issuance and in such amount, at  2,522        

such TIME OR times, and in such number of installments, as may be  2,523        

provided in OR PURSUANT TO the resolution authorizing their        2,524        

issuance.  ANY ORIGINAL ISSUE OF REVENUE BONDS SHALL MATURE NOT    2,525        

LATER THAN FORTY YEARS FROM THEIR DATE OF ISSUE.  Such resolution  2,526        

shall also SHALL provide for the execution and sealing of the      2,527        

bonds and the use of, WHICH MAY BE BY facsimile signatures and     2,528        

facsimile of the seal, UNLESS PROHIBITED BY THE RESOLUTION, AND    2,529        

the manner of sale of the bonds, and such.  THE RESOLUTION SHALL   2,530        

PROVIDE FOR, OR PROVIDE FOR THE DETERMINATION OF, ANY other terms  2,531        

and conditions relative to the issuance, sale, and retirement of   2,533        

said THE bonds as THAT the board of directors in their ITS         2,534        

discretion believe DETERMINES TO BE reasonable and proper.         2,535        

      Whenever a port authority considers it expedient, it may     2,537        

issue renewal notes and refund any bonds, whether the bonds to be  2,538        

refunded have or have not matured.  THE FINAL MATURITY OF ANY      2,539        

NOTES, INCLUDING ANY RENEWAL NOTES, SHALL NOT BE LATER THAN FIVE   2,540        

YEARS FROM THE DATE OF ISSUE OF THE ORIGINAL ISSUE OF NOTES.  The  2,541        

FINAL MATURITY OF ANY refunding bonds shall NOT BE LATER THAN THE  2,542        

LATER OF FORTY YEARS FROM THE DATE OF ISSUE OF THE ORIGINAL ISSUE  2,544        

OF BONDS OR THE DATE BY WHICH IT IS EXPECTED, AT THE TIME OF       2,545        

                                                          60     


                                                                 
ISSUANCE OF THE REFUNDING BONDS, THAT THE USEFUL LIFE OF ALL OF    2,546        

THE PROPERTY, OTHER THAN INTERESTS IN LAND, REFINANCED WITH        2,547        

PROCEEDS OF THE BONDS WILL HAVE EXPIRED.  THE REFUNDING BONDS      2,548        

SHALL be sold and the proceeds applied to the purchase,            2,549        

redemption, or payment of the bonds to be refunded AND THE COSTS   2,550        

OF ISSUANCE OF THE REFUNDING BONDS.  The bonds and notes issued    2,551        

under this chapter, their transfer, and the income therefrom,      2,552        

shall at all times be free from taxation within the state.         2,553        

      (F)(E)  DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS  2,556        

IN ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF,      2,557        

INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS,       2,558        

FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED    2,559        

TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR   2,560        

SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE     2,561        

VIII, OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE DISCRETION MAY   2,563        

DETERMINE:                                                                      

      (1)  LOAN MONEYS TO ANY PERSON FOR THE ACQUISITION,          2,566        

CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE PROPERTY;           2,567        

      (2)  ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND      2,569        

EQUIP THE PROPERTY;                                                2,570        

      (3)  SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS   2,572        

IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER     2,573        

INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR        2,575        

GOVERNMENTAL ENTITY;                                                            

      (4)  GUARANTEE THE OBLIGATIONS OF ANY PERSON OR              2,577        

GOVERNMENTAL ENTITY.                                                            

      A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR    2,579        

THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY   2,580        

OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY            2,581        

DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE      2,582        

INVESTMENT OF FUNDS BY A PORT AUTHORITY.                           2,583        

      (F)  CONSTRUCT, MAINTAIN, REPAIR, FURNISH, EQUIP, SELL,      2,586        

EXCHANGE, LEASE, OR LEASE WITH AN OPTION TO PURCHASE, ANY          2,587        

PROPERTY THAT IT IS AUTHORIZED TO ACQUIRE.  A PORT AUTHORITY THAT  2,588        

                                                          61     


                                                                 
IS SUBJECT TO THIS SECTION ALSO MAY OPERATE ANY PROPERTY IN        2,590        

CONNECTION WITH TRANSPORTATION, RECREATIONAL, GOVERNMENTAL         2,591        

OPERATIONS, OR CULTURAL ACTIVITIES.                                2,592        

      (1)  ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN      2,595        

OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER     2,596        

CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO     2,597        

THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING,    2,598        

EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY   2,599        

COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF  2,600        

AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII,      2,602        

OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO     2,604        

SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF     2,605        

DIRECTORS IN ITS DISCRETION.                                                    

      (2)  DIVISION (F)(1) OF THIS SECTION APPLIES TO ALL          2,607        

CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY    2,608        

OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING,      2,609        

WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF  2,611        

COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE                    

PROVISION OF SECURITY.                                             2,612        

      (3)  DIVISIONS (F)(1) AND (2) OF THIS SECTION DO NOT APPLY   2,615        

TO EITHER OF THE FOLLOWING:                                                     

      (a)  ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS       2,618        

RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A     2,619        

PLEDGE OF MONEYS RAISED BY TAXATION;                               2,620        

      (b)  ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID       2,623        

EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY.  FOR  2,624        

THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT     2,625        

AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS,     2,626        

CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT        2,627        

EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF  2,628        

THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY        2,629        

ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM     2,630        

GENERAL REVENUES.                                                               

      (G)  Apply to the proper authorities of the United States    2,632        

                                                          62     


                                                                 
pursuant to appropriate law for the right to establish, operate,   2,633        

and maintain foreign trade zones and to establish, operate, and    2,634        

maintain such foreign trade zones; and purchase, lease, or TO      2,636        

acquire land or property therefor, in a manner consistent with                  

section 4582.17 of the Revised Code;                               2,637        

      (G)(H)  Exercise the right of eminent domain to appropriate  2,639        

any land, rights, rights-of-way, franchises, easements, or other   2,640        

property, necessary or proper for the construction or the          2,641        

efficient operation of any facility of the port authority and      2,642        

included in its official plan ANY AUTHORIZED PURPOSE, pursuant to  2,643        

the procedure provided in sections 163.01 to 163.22 of the         2,645        

Revised Code, if funds equal to the appraised value of the         2,646        

property to be acquired as the A result of such proceedings, are   2,647        

on hand and available for such purposes THAT PURPOSE, except       2,649        

that:                                                                           

      (1)  Nothing NOTHING contained in sections 4582.01 to        2,651        

4582.20 of the Revised Code, shall authorize a port authority to   2,652        

take or disturb property or facilities belonging to any public     2,653        

corporation AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, public  2,654        

utility, or common carrier, which property or facilities are       2,656        

necessary and convenient in the operation of such public           2,657        

corporation THE AGENCY OR POLITICAL SUBDIVISION, public utility,   2,658        

or common carrier, unless provision is made for the restoration,   2,659        

relocating RELOCATION, or duplication of such THE property or      2,660        

facilities, or upon the election of such public corporation THE    2,662        

AGENCY OR POLITICAL SUBDIVISION, public utility, or common         2,663        

carrier, for the payment of compensation, if any, at the sole      2,664        

cost of the port authority, provided that:                         2,665        

      (a)(1)  If any restoration or duplication proposed to be     2,667        

made pursuant to this section involves a relocation of such        2,668        

property or facilities, the new facilities and location shall be   2,669        

of at least comparable utilitarian value and effectiveness, and    2,670        

such THE relocation shall not impair the ability of the public     2,671        

utility or common carrier to compete in its original area of       2,672        

                                                          63     


                                                                 
operation.                                                                      

      (b)(2)  If any restoration or duplication made pursuant to   2,674        

this section involves a relocation of such property or             2,675        

facilities, the port authority shall acquire no interest or right  2,676        

in or to the appropriated property or facilities, except as        2,677        

provided in division (J)(K) of this section, until the relocated   2,679        

property or facilities are available for use and until marketable  2,680        

title thereto has been transferred to the public utility or        2,681        

common carrier.                                                    2,682        

      (c)(3)  Provisions for restoration or duplication shall be   2,684        

described in detail in the resolution for appropriation passed by  2,685        

the port authority.                                                2,686        

      (H)(I)  Enjoy and possess the same rights, privileges, and   2,688        

powers granted municipal corporations under sections 721.04 to     2,689        

721.11 of the Revised Code;                                        2,690        

      (I)(J)  Maintain such funds as it considers necessary;       2,692        

      (J)(K)  Direct its agents or employees, when properly        2,694        

identified in writing, and after at least five days' written       2,695        

notice, to enter upon lands within the confines of its             2,696        

jurisdiction in order to make surveys and examinations             2,697        

preliminary to location and construction of works for the          2,698        

purposes of the port authority, without liability of the port      2,699        

authority or its agents or employees except for actual damage      2,700        

done;                                                              2,701        

      (K)(L)  Sell, lease, or convey other interests in real and   2,703        

personal property and grant easements or rights-of-way over        2,704        

property of the port authority.  The board of directors of the     2,705        

port authority shall specify the consideration and any terms       2,706        

thereof for such THE sale, lease, or conveyance of other           2,707        

interests in real and personal property.  Any determinations made  2,709        

by the board of directors under this division shall be             2,710        

conclusive.  Such THE sale, lease, or conveyance may be made       2,711        

without advertising and the receipt of bids.                       2,712        

      (L)(M)  Promote, advertise, and publicize the port           2,714        

                                                          64     


                                                                 
authority facilities and its authorized purposes, provide          2,715        

information to persons with an interest in transportation and      2,716        

other port authority activities, and appear before rate-making     2,717        

authorities to represent and promote the interests of the port     2,718        

authority and its authorized purposes;                             2,719        

      (M)(N)  Adopt rules, not in conflict with general law,       2,721        

governing the use of AND THE SAFEGUARDING OF its property,         2,722        

grounds, buildings, equipment, and facilities, SAFEGUARDING        2,724        

PERSONS AND THEIR PROPERTY LOCATED ON OR IN PORT AUTHORITY         2,725        

PROPERTY, and governing the conduct of its employees and the       2,727        

public, in order to promote the public safety and convenience in   2,728        

and about its terminals and grounds, and to maintain order.  Any                

such regulation shall be posted at a prominent place in each of    2,730        

the buildings, terminals, or facilities to which it applies NO     2,731        

LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED  2,732        

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

DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE          2,733        

PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS     2,734        

HOURS.  No person shall violate any lawful regulation adopted and  2,735        

posted as provided in this division.                               2,736        

      (N)(O)  Do all acts necessary or appropriate to carry out    2,738        

its authorized purposes.  The port authority shall have the        2,739        

powers and rights granted to other subdivisions under section      2,740        

9.20 of the Revised Code.                                          2,741        

      Sec. 4582.091.  (A)  FINANCIAL AND PROPRIETARY INFORMATION,  2,744        

INCLUDING TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER  2,745        

TO A PORT AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY       2,746        

CONTRACT TO PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT       2,747        

AUTHORITY, IN CONNECTION WITH THE RELOCATION, LOCATION,                         

EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THAT    2,748        

EMPLOYER IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF THE   2,749        

REVISED CODE.  ANY OTHER INFORMATION SUBMITTED BY SUCH AN          2,752        

EMPLOYER UNDER SUCH CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT   2,753        

TO SECTION 149.43 OF THE REVISED CODE UNTIL THAT EMPLOYER COMMITS  2,755        

                                                          65     


                                                                 
IN WRITING TO PROCEED WITH THE RELOCATION, LOCATION, EXPANSION,    2,756        

IMPROVEMENT, OR PRESERVATION.                                                   

      (B)  NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE,     2,760        

THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF        2,761        

TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (A) OF   2,763        

THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN    2,764        

CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS     2,765        

SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT    2,766        

INFORMATION PURSUANT TO A VOTE OF A MAJORITY OF THE MEMBERS        2,767        

PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE         2,768        

CONSIDERED.  NO OTHER MATTERS SHALL BE CONSIDERED DURING THE       2,769        

CLOSED SESSION.                                                    2,770        

      Sec. 4582.10.  The port authority shall foster and           2,779        

encourage the participation of private enterprise in the           2,780        

development of port authority facilities to the fullest extent it  2,781        

considers practicable in the interest of limiting the necessity    2,782        

of construction and operation of such THOSE facilities by the      2,783        

port authority.  For this purpose the port authority shall upon a  2,784        

written request by any person, partnership, or corporation, filed  2,785        

with the secretary of the board of directors within thirty days    2,786        

following the journalization of the order of the adoption of an    2,787        

official plan as provided in sections 4582.07 and 4582.08 of the   2,788        

Revised Code, submit a proposal to provide, operate, and maintain  2,789        

any facility included in such plan, by publication of and          2,790        

invitation for bids therefor based upon specifications prepared    2,791        

by the board of directors.                                         2,792        

      The board of directors may accept, subject to section        2,794        

123.151 of the Revised Code, the bid of the person, partnership,   2,795        

or corporation it considers best qualified by financial            2,796        

responsibility and business experience to construct and operate    2,797        

such facility or facilities in accordance with its official plan.  2,798        

      Sec. 4582.11.  Nothing contained in sections 4582.01 to      2,807        

4582.16, inclusive, of the Revised Code shall:                     2,808        

      (A)  Impair the provisions of law or ordinance directing     2,810        

                                                          66     


                                                                 
the payment of revenues derived from public property into sinking  2,811        

funds or dedicating such THOSE revenues to specific purposes;      2,812        

      (B)  Impair the powers of any county, township, or           2,814        

municipal corporation to develop or improve port and terminal      2,815        

facilities except as restricted by section 4582.16 of the Revised  2,817        

Code;                                                                           

      (C)  Enlarge, alter, diminish, or affect in any way, any     2,819        

lease or conveyance made, or action taken prior to the creation    2,820        

of a port authority in accordance with section 4582.02 of the      2,821        

Revised Code by any municipal corporation under the provisions of  2,822        

sections 721.04 to 721.11, inclusive, of the Revised Code, or by   2,823        

any county under the provisions of section 307.65 of the Revised   2,824        

Code;                                                                           

      (D)  Impair or interfere with the exercise of any permit     2,826        

for the removal of sand or gravel, or other similar permits        2,827        

issued by this state or the United States;                         2,828        

      (E)  IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS.    2,830        

      Sec. 4582.12.  (A)  Except as otherwise provided in          2,839        

division (E) of section 307.671 of the Revised Code, division (A)  2,840        

of this section does not apply to a port authority educational     2,841        

and cultural facility acquired, constructed, and equipped          2,842        

pursuant to a cooperative agreement entered into under section     2,843        

307.671 of the Revised Code.                                       2,844        

      When EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION,     2,846        

WHEN the cost of a contract for the creation, construction,        2,847        

alteration, or repair of any port authority facilities BUILDING,   2,848        

STRUCTURE, OR OTHER IMPROVEMENT undertaken by a port authority     2,849        

created in accordance with section 4582.02 of the Revised Code     2,851        

involves an expenditure exceeding ten TWENTY-FIVE thousand         2,852        

dollars and the port authority is the contracting entity, the      2,853        

port authority shall make a written contract after complying with  2,854        

section 123.151 of the Revised Code and after notice calling for   2,855        

bids for the award of the contract has been given by publication   2,856        

as provided by section 4582.01 of the Revised Code TWICE, WITH AT  2,857        

                                                          67     


                                                                 
LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL   2,858        

CIRCULATION IN THE AREA OF THE JURISDICTION OF THE PORT            2,859        

AUTHORITY.  No EACH SUCH contract shall be let except to the       2,861        

lowest responsive and responsible bidder in accordance with        2,862        

section 9.312 of the Revised Code. Every contract let shall be in  2,863        

writing and if the contract involves work or construction, it      2,864        

shall be accompanied by or shall refer to plans and                2,865        

specifications for the work to be done, prepared for and approved  2,866        

by the port authority, signed by the chairman AN AUTHORIZED        2,867        

OFFICER of the port authority and by the contractor, and shall be  2,869        

executed in triplicate.                                                         

      Each bid shall be awarded in accordance with sections        2,871        

153.54, 153.57, and 153.571 of the Revised Code.                   2,872        

      The port authority may reject any and all bids.              2,874        

      (B)  THE BOARD OF DIRECTORS OF A PORT AUTHORITY BY RULE MAY  2,876        

PROVIDE CRITERIA FOR THE NEGOTIATION AND AWARD WITHOUT             2,877        

COMPETITIVE BIDDING OF ANY CONTRACT AS TO WHICH THE PORT           2,878        

AUTHORITY IS THE CONTRACTING ENTITY FOR THE CONSTRUCTION OF ANY    2,879        

BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDER ANY OF THE         2,880        

FOLLOWING CIRCUMSTANCES:                                           2,881        

      (1)  THERE EXISTS A REAL AND PRESENT EMERGENCY THAT          2,883        

THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT      2,884        

AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING   2,886        

THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION  2,887        

AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE       2,888        

SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT     2,889        

CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE      2,890        

ATTACHED TO THE CONTRACT.                                          2,891        

      (2)  A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR     2,893        

SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE             2,894        

ARTICULATED FOR THE IMPROVEMENT.                                   2,895        

      (3)  THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS  2,897        

DEFINED IN SECTION 307.041 OF THE REVISED CODE.                    2,898        

      (4)  WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE    2,900        

                                                          68     


                                                                 
IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE       2,901        

MATERIAL.                                                          2,902        

      (5)  A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER    2,904        

COMPLYING WITH THE PROVISIONS OF DIVISION (A) OF THIS SECTION.     2,906        

      (C)(1)  IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED        2,909        

WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION   2,910        

(B)(2) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A NOTICE  2,912        

CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT LEAST      2,913        

SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL         2,914        

CIRCULATION IN THE AREA OF THE PORT AUTHORITY.  AFTER RECEIPT OF   2,915        

THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH     2,916        

AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING    2,917        

THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT    2,918        

AUTHORITY.                                                                      

      (2)  IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT   2,920        

COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION (B)(4)    2,922        

OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO THE        2,923        

INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY BE     2,924        

PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER OF  2,925        

THAT MATERIAL.                                                     2,926        

      (D)  No contract for the creation, construction,             2,928        

alteration, or repair of any building, structure, or other         2,929        

improvement and no loan agreement for the borrowing of funds for   2,930        

any such improvement undertaken by a port authority, where the     2,931        

port authority is the contracting entity, shall be executed        2,932        

unless laborers and mechanics employed on such improvements are    2,933        

paid at the prevailing rates of wages of laborers and mechanics    2,934        

for the class of work called for by the improvement, which.  THE   2,936        

wages shall be determined in accordance with the requirements of                

Chapter 4115. of the Revised Code for THE determination of         2,937        

prevailing wage rates, provided that the requirements of this      2,938        

section do not apply where the federal government or any of its    2,939        

agencies furnishes by loan or grant all or any part of the funds   2,940        

used in connection with such project and prescribes predetermined  2,941        

                                                          69     


                                                                 
minimum wages to be paid to such THE laborers and mechanics.       2,942        

      Sec. 4582.17.  (A)  A port authority created in accordance   2,951        

with section 4582.02 of the Revised Code may enter into such       2,952        

contracts or other arrangements with the United States             2,953        

government, or any department thereof, with persons, railroads,    2,954        

or other corporations, with public corporations, WITH PUBLIC       2,955        

UTILITIES, and with the state government of this or other states,  2,957        

WITH GOVERNMENTS OF FOREIGN COUNTRIES, with counties,              2,958        

municipalities, townships, or other governmental agencies created  2,959        

by or under the authority of the laws of this state, OTHER         2,960        

STATES, OR GOVERNMENTS OF FOREIGN COUNTRIES, including sewerage,   2,961        

drainage, conservation, conservancy, or other improvement          2,963        

districts in this or other states as may be necessary or           2,964        

convenient for the exercise of powers granted by sections 4582.01  2,965        

to 4582.16 of the Revised Code, including the making of surveys,   2,966        

investigations, or reports thereon; provided that such THE         2,967        

contracts or arrangements shall not be in violation of Article                  

VIII of the Ohio Constitution.  The port authority may purchase,   2,968        

lease, or acquire land or other property in any county of this     2,969        

state and in adjoining states for the accomplishment of an         2,970        

authorized purpose PURPOSES of the port authority, or for the      2,971        

improvement of the harbor and port facilities over which the port  2,972        

authority may have jurisdiction, and may let contracts or spend    2,973        

money for making such improvements or THOSE PURPOSES, INCLUDING    2,974        

THE development of port facilities in adjoining states.  The       2,976        

authority granted in this section to enter into contracts or       2,977        

other arrangements with the United States government or any        2,978        

department thereof, includes the power to enter into any           2,979        

contracts, arrangements, or agreements as may be necessary to      2,980        

hold and save harmless the United States from damages due to the   2,981        

construction and maintenance by the United States of such works    2,982        

as the United States undertakes.                                                

      Any political subdivision which THAT has participated in     2,984        

the creation of a port authority pursuant to section 4582.02 of    2,985        

                                                          70     


                                                                 
the Revised Code, or is within OR ADJACENT TO, the jurisdiction    2,987        

of the port authority, may enter into an agreement, which may be   2,988        

amended or supplemented, with the port authority to accomplish     2,989        

any of the authorized purposes of the port authority.  Such THE    2,990        

agreement may provide for industrial, commercial, distribution,    2,991        

educational, cultural, and research development within the         2,992        

political subdivision and may set forth the extent to which the    2,993        

port authority shall act as the agent of the political             2,994        

subdivision.  A port authority may mortgage its property, incur    2,995        

debt, and issue its obligations as provided in division (E) of     2,996        

section 4582.06 of the Revised Code for the purpose of acquiring,  2,997        

constructing, improving, and equipping buildings, structures, and  2,998        

other properties and acquiring sites therefor, for lease, sale,    2,999        

or conveyance of other interests in such property by the port      3,000        

authority.                                                         3,001        

      (B)  A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE   3,004        

OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR    3,005        

ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE   3,006        

PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY     3,007        

POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF   3,008        

THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT    3,009        

AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO          3,010        

EXERCISE, PERFORM, OR RENDER.                                      3,011        

      UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE      3,013        

LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND    3,014        

ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE     3,015        

SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE      3,016        

SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE           3,017        

EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY    3,018        

OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT,   3,019        

WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING      3,020        

SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL    3,021        

POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS    3,022        

MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE      3,023        

                                                          71     


                                                                 
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE     3,024        

AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY            3,025        

CONTRACTING SUBDIVISION DIRECTLY.  THE EXERCISE OF THOSE POWERS,   3,026        

PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES    3,027        

BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE      3,028        

GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR     3,029        

CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING    3,030        

EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE  3,032        

BEING RENDERED.  ANY SUCH AGREEMENT SHALL NOT SUSPEND THE                       

POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF,  3,034        

OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO      3,035        

PERFORM ANY FUNCTION OR RENDER ANY SERVICE.  A PORT AUTHORITY OR   3,036        

ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY     3,037        

AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR                  

EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND   3,038        

ON BEHALF OF, ANY OTHER SUBDIVISION UNLESS APPROVED BY A MAJORITY  3,041        

OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION.                   3,042        

      Sec. 4582.20.  A port authority created under sections       3,051        

4582.01 to 4582.20, inclusive, of the Revised Code, shall be       3,052        

exempt from and shall not be required to pay any taxes on          3,054        

property, both real and personal, OR ANY COMBINATION THEREOF,      3,055        

belonging to any such port authority, which THAT is used           3,056        

exclusively for any public AUTHORIZED purpose; provided, such      3,057        

THIS exemption shall not apply to any property belonging to any    3,058        

port authority while OCCUPIED AND USED DURING A TAX YEAR BY a      3,059        

private enterprise PERSON WHO is a lessee of such THE property AS  3,061        

OF THE TAX LIEN DATE FOR THAT TAX YEAR under A written lease       3,062        

providing for a tenancy WITH A REMAINING TERM longer than one      3,063        

year.                                                                           

      Sec. 4582.201.  (A)  Sections 4582.01 to 4582.20 of the      3,072        

Revised Code apply exclusively to a port authority in existence    3,073        

on the effective date of this section JULY 9, 1982, unless the     3,075        

subdivision or subdivisions which THAT created such THE port       3,076        

authority act pursuant to division (B) of this section.            3,078        

                                                          72     


                                                                 
      (B)  The subdivision or subdivisions which THAT created a    3,080        

port authority in existence on the effective date of this section  3,081        

JULY 9, 1982, may adopt a resolution or ordinance to permit the    3,083        

port authority to operate under sections 4582.21 to 4582.59 of     3,084        

the Revised Code. Upon SUBJECT TO DIVISION (C) OF THIS SECTION,    3,085        

UPON adoption of such a resolution or ordinance, sections 4582.01  3,086        

to 4582.20 of the Revised Code no longer apply.  At the time the   3,087        

resolution or ordinance is adopted, the subdivision or             3,088        

subdivisions which THAT created the port authority may also MAY    3,090        

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

Code to restrict the powers of the port authority.                 3,091        

      (C)  THE SUBDIVISION OR SUBDIVISIONS THAT HAVE ADOPTED A     3,094        

RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF THIS SECTION MAY     3,095        

ADOPT A RESOLUTION OR ORDINANCE TO PERMIT THE PORT AUTHORITY TO    3,096        

RESUME OPERATING UNDER SECTIONS 4582.01 TO 4582.20 OF THE REVISED  3,098        

CODE.  UPON ADOPTION OF SUCH A RESOLUTION OR ORDINANCE AND         3,100        

ADOPTION OF A SIMILAR RESOLUTION BY THE BOARD OF DIRECTORS OF THE  3,101        

AFFECTED PORT AUTHORITY, SECTIONS 4582.21 TO 4582.59 OF THE        3,103        

REVISED CODE SHALL NOT APPLY AND SECTIONS 4582.01 TO 4582.20 OF    3,105        

THE REVISED CODE SHALL APPLY FROM AND AFTER THE TIME THE LAST      3,108        

SUCH RESOLUTION OR ORDINANCE IS ADOPTED.  A SUBDIVISION OR         3,109        

SUBDIVISIONS THAT ACT UNDER DIVISION (C) OF THIS SECTION MAY NOT   3,110        

THEREAFTER ADOPT A RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF   3,112        

THIS SECTION.                                                                   

      Sec. 4582.202.  Sections 4582.21 to 4582.59 of the Revised   3,121        

Code apply exclusively to a port authority created after the       3,122        

effective date of this section JULY 9, 1982, and to a port         3,123        

authority in existence on the effective date of this section JULY  3,125        

9, 1982, if the subdivision or subdivisions which THAT created     3,126        

the port authority adopts ADOPT a resolution or ordinance          3,127        

permitted under division (B) of section 4582.201 of the Revised    3,128        

Code BUT HAVE NOT ADOPTED A RESOLUTION OR ORDINANCE UNDER          3,129        

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

4582.01 TO 4582.20 OF THE REVISED CODE.                            3,130        

                                                          73     


                                                                 
      Sec. 4582.21.  As used in sections 4582.22 to 4582.59 of     3,140        

the Revised Code:                                                  3,141        

      (A)  "Port authority" means a body corporate and politic     3,143        

created pursuant to THE authority of section 4582.22 of the        3,144        

Revised Code.  A port authority created pursuant to section        3,145        

4582.22 of the Revised Code need not be adjacent to, connected     3,146        

with, or have located within its jurisdiction a body of water.     3,147        

      (B)  "Submerged lands" means the lands presently underlying  3,149        

the waters of Lake Erie or formerly underlying the waters of Lake  3,150        

Erie and now artificially filled between the natural shoreline     3,151        

and the harbor line or the line of commercial navigation where no  3,152        

harbor line has been established.                                  3,153        

      (C)  "Uplands" means lands contiguous to or fronting upon    3,155        

any submerged lands in this state.                                 3,156        

      (D)  Unless otherwise defined, "publication" means           3,158        

publication once a week on the same day of the week for three      3,159        

consecutive weeks in a newspaper of general circulation in the     3,160        

county or counties wherein such publication is required to be      3,161        

made.  Publication shall be complete on the date of the last       3,162        

publication.                                                       3,163        

      (E)  "Aviation facilities" means any facilities used,        3,165        

available for use, or designed for use for the safe navigation,    3,166        

landing or taking off of aircraft; for the safety, storage,        3,167        

maintenance and repair of aircraft; for the comfort and            3,168        

accommodations of the users of air transportation, including       3,169        

persons, cargo, mail, and other property, and for the safe and     3,170        

efficient operation and maintenance of airports and any care of    3,171        

such facilities.                                                   3,172        

      (F)  AUTHORIZED PURPOSES" OR "PURPOSE" MEANS EITHER OF THE   3,174        

FOLLOWING:                                                         3,175        

      (1)  ACTIVITIES THAT ENHANCE, FOSTER, AID, PROVIDE, OR       3,177        

PROMOTE TRANSPORTATION, ECONOMIC DEVELOPMENT, HOUSING,             3,178        

RECREATION, EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR        3,179        

RESEARCH WITHIN THE JURISDICTION OF THE PORT AUTHORITY;            3,180        

                                                          74     


                                                                 
      (2)  ACTIVITIES AUTHORIZED BY SECTIONS 13 AND 16 OF ARTICLE  3,183        

VIII, OHIO CONSTITUTION.                                           3,184        

      (C)  "Governmental agency" means a department, division, or  3,186        

other unit of state government OF THIS STATE OR ANY OTHER STATE,   3,187        

a municipal corporation, county, township, or other political      3,189        

subdivision, or any other public corporation or agency having the  3,190        

power to acquire, construct, or operate port authority facilities  3,191        

CREATED UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, the United  3,192        

States, or any DEPARTMENT OR agency thereof, and any agency,       3,193        

commission, or authority established pursuant to an interstate     3,194        

compact or agreement.                                                           

      (G)(D)  "Person" means any individual, firm, partnership,    3,196        

association, or corporation, or any combination thereof.           3,197        

      (H)(E)  "Port authority facility" or "facility" means any    3,199        

commercial, industrial, distribution, residential, recreational,   3,200        

or research facility located within the jurisdiction of the port   3,201        

authority, including, but not limited to, aviation facilities,     3,202        

marinas, water ports, trucking terminals, railroad terminals,      3,203        

warehouses, wharves, piers, docks, or transportation equipment,    3,204        

together with all real and personal property, property rights,     3,205        

easements, and interests that may be appropriate for the           3,206        

operation of the facility.  As used in division (H) of section     3,207        

4582.33, and sections 4582.50 and 4582.52 of the Revised Code,     3,208        

"port authority facility" or "facility" does not include           3,209        

residential facilities REAL OR PERSONAL PROPERTY, OR ANY           3,210        

COMBINATION THEREOF OWNED, LEASED, OR OTHERWISE CONTROLLED OR      3,212        

FINANCED BY A PORT AUTHORITY AND RELATED TO, USEFUL FOR, OR IN     3,213        

FURTHERANCE OF, ONE OR MORE AUTHORIZED PURPOSES.                   3,214        

      (I)(F)  "Cost" as applied to a port authority facility       3,216        

means the cost of acquisition and OR construction of such THE      3,218        

facility, and the cost of acquistion ACQUISITION of all land,      3,219        

rights-of-way, property rights, easements, franchise rights, and   3,220        

interests required for such THAT acquisition and OR construction,  3,222        

the cost of demolishing or removing any buildings or structures    3,223        

                                                          75     


                                                                 
on land so acquired, including the cost of acquiring any lands to  3,224        

which such THOSE buildings or structures may be moved, the cost    3,225        

of acquiring or constructing and equipping a principal office of   3,226        

the port authority, the cost of diverting highways, interchange    3,227        

of highways, AND access roads to private property, including the   3,228        

cost of land or easements for such THE access roads, the cost of   3,230        

public utility and common carrier relocation or duplication, the   3,231        

cost of all machinery, furnishings, and equipment, financing       3,232        

charges, interest prior to and during construction and for no      3,233        

more than eighteen months after completion of construction,        3,234        

engineering, expenses of research and development with respect to  3,235        

port authority facilities, legal expenses, plans, specifications,  3,236        

surveys, studies, estimates of cost and revenues, working          3,237        

capital, other expenses necessary or incident to determining the   3,238        

feasibility or practicability of acquiring or construction such    3,239        

CONSTRUCTING THE facility, administrative expense, and such other  3,241        

expenses as may be necessary or incident to the acquisition or     3,242        

construction of the facility, the financing of such THE            3,243        

acquisition or construction, including the amount authorized in    3,245        

the resolution of the port authority providing for the issuance    3,246        

of port authority revenue bonds to be paid into any special funds  3,247        

from the proceeds of such bonds and the financing of the placing   3,248        

of such THE facility in operation.  Any obligation, cost, or       3,249        

expense incurred by any governmental agency or person for          3,250        

surveys, borings, preparation of plans and specifications, and     3,251        

other engineering services, or any other cost described above, in  3,252        

connection with the acquisition or construction of a facility may  3,253        

be regarded as part of the cost of such THE facility and may be    3,254        

reimbursed out of the proceeds of port authority revenue bonds as  3,255        

authorized by this chapter.                                        3,256        

      (J)  "Owner" includes a person having any title or interest  3,258        

in any property, rights, easements, or interests authorized to be  3,259        

acquired by sections 4582.21 to 4582.59 of the Revised Code.       3,260        

      (K)(G)  "Revenues" means all rentals and other charges       3,262        

                                                          76     


                                                                 
received by the port authority for the use or services of any      3,263        

port authority facility, any gift or grant received with respect   3,264        

to any port authority facility, any moneys received with respect   3,265        

to the lease, sublease, sale, including installment sale or        3,266        

conditional sale, or other disposition of a port authority         3,267        

facility, moneys received in repayment of and for interest on any  3,268        

loans made by the port authority to a person or governmental       3,269        

agency, whether from the United States or any department,          3,270        

administration, or agency thereof, or otherwise, proceeds of such  3,271        

port authority revenue bonds to the extent the use thereof for     3,272        

payment of principal or of premium, if any, or interest on the     3,273        

bonds is authorized by the port authority, proceeds from any       3,274        

insurance, condemnation, or guaranty pertaining to a facility or   3,275        

property mortgaged to secure bonds or pertaining to the financing  3,276        

of the facility, and income and profit from the investment of the  3,277        

proceeds of port authority revenue bonds or of any revenues.       3,278        

      (L)(H)  "Public roads" includes all public highways, roads,  3,280        

and streets in the state, whether maintained by the state, OR BY   3,281        

A county, city, township, MUNICIPAL CORPORATION, or other          3,283        

political subdivision.                                                          

      (M)(I)  "Construction," unless the context indicates a       3,285        

different meaning or intent, includes reconstruction ALTERATION,   3,286        

CONSTRUCTION, CREATION, DEVELOPMENT, enlargement, improvement, or  3,289        

providing furnishings or equipment INSTALLATION, RECONSTRUCTION,   3,290        

REMODELING, AND RENOVATION.                                        3,291        

      (N)(J)  "Port authority revenue bonds," unless the context   3,293        

indicates a different meaning or intent, includes port authority   3,294        

revenue notes, port authority revenue renewal notes, and port      3,295        

authority revenue refunding bonds, except that notes issued in     3,296        

anticipation of the issuance of bonds shall have a maximum         3,297        

maturity of five years as provided in section 4582.48 of the       3,298        

Revised Code and notes or renewal notes issued as the definitive   3,299        

obligation may be issued maturing at such time or times with a     3,300        

maximum maturity of forty years from the date of issuance of the   3,301        

                                                          77     


                                                                 
original note.                                                     3,302        

      (K)  "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL        3,305        

SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF     3,306        

ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT    3,307        

AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL   3,308        

SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE.  "CONTRACTING       3,309        

SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT.  3,310        

      (L)  "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT         3,313        

LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT      3,314        

AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT                      

DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL    3,315        

AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT,       3,316        

REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT,  3,318        

AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS      3,319        

STATE.  "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A              3,320        

TRANSPORTATION IMPROVEMENT DISTRICT.                                            

      Sec. 4582.22.  (A)  Any municipal corporation, township, OR  3,329        

county NOT INCLUDED IN A PORT AUTHORITY IN EXISTENCE ON DECEMBER   3,330        

16, 1964, MAY CREATE, or any combination of a municipal            3,331        

corporation, municipal corporations, township, townships, county,  3,333        

or counties, no one of which has been included in a port           3,334        

authority in existence on December 16, 1964, may create, AND ANY   3,335        

OF THE FOREGOING TOGETHER WITH ANY OTHER POLITICAL SUBDIVISION OR  3,336        

SUBDIVISIONS MAY CREATE a port authority.  A municipal             3,337        

corporation shall act by ordinance, a township shall act by        3,338        

resolution of the township trustees, and a county shall act by     3,339        

resolution of the county commissioners, AND ANY OTHER POLITICAL    3,340        

SUBDIVISION SHALL ACT BY RESOLUTION OF ITS LEGISLATIVE AUTHORITY,  3,341        

in authorizing the creation of a port authority.  A port           3,343        

authority created pursuant to this section is a body corporate     3,344        

and politic which may sue and be sued, plead and be impleaded,     3,345        

and has the powers and jurisdiction enumerated in sections         3,346        

4582.21 to 4582.59 of the Revised Code.  The exercise by such      3,347        

port authority of the powers conferred upon it shall be deemed to  3,348        

                                                          78     


                                                                 
be essential governmental functions of this state, but no port     3,349        

authority is immune from liability by reason thereof.              3,350        

      (B)  At the time a port authority is created pursuant to     3,352        

division (A) of section 4582.22 of the Revised Code or, in the     3,353        

case of a port authority in existence on the effective date of     3,354        

this section JULY 9, 1982, at the time the subdivision or          3,356        

subdivisions which created such authority act pursuant to          3,357        

division (B) of section 4582.201 of the Revised Code, the          3,358        

subdivision or subdivisions which create the port authority may    3,359        

restrict the powers granted the port authority pursuant to this    3,360        

chapter by specifically setting forth such restrictions in the     3,361        

resolution or ordinance creating the port authority or in the      3,362        

resolution or ordinance adopted pursuant to division (B) of        3,363        

section 4582.201 of the Revised Code.                              3,364        

      (C)  The subdivision or subdivisions which created a port    3,366        

authority whose powers have been restricted pursuant to division   3,367        

(B) of this section may, at any time, adopt a resolution or        3,368        

ordinance to grant additional powers, so long as the powers so     3,369        

granted do not exceed the powers permitted pursuant to this        3,370        

chapter.                                                           3,371        

      Sec. 4582.25.  (A)  Any municipal corporation, township, or  3,380        

county, OR OTHER POLITICAL SUBDIVISION creating or participating   3,382        

in the creation of a port authority in accordance with section                  

4582.22 of the Revised Code may appropriate and expend public      3,383        

funds to finance or subsidize the operation AND AUTHORIZED         3,384        

PURPOSES of the port authority.                                    3,385        

      (B)  Subject to making due provisions for payment and        3,387        

performance of its obligations, a port authority may be dissolved  3,388        

by the subdivision or subdivisions creating it, and in such event  3,389        

the properties of the port authority shall be transferred to the   3,390        

subdivision creating it, or, if created by more than one           3,392        

subdivision, to the subdivisions creating it in such A manner as   3,393        

may be agreed upon between such THE subdivisions PRIOR TO THE      3,394        

DISSOLUTION OF THE PORT AUTHORITY.                                              

                                                          79     


                                                                 
      Sec. 4582.26.  After a port authority has been created, any  3,404        

municipal corporation, township, or county, OR OTHER POLITICAL     3,405        

SUBDIVISION, acting by ordinance or resolution, which is           3,407        

contiguous to any municipal corporation, township, or county, OR   3,408        

OTHER POLITICAL SUBDIVISION which participated in the creation of  3,409        

such port authority or to any municipal corporation, township, or  3,410        

county, OR OTHER POLITICAL SUBDIVISION which proposes to join the  3,412        

port authority at the same time and is contiguous to any           3,413        

municipal corporation, township, or county, OR OTHER POLITICAL     3,414        

SUBDIVISION which participated in the creation of such port        3,415        

authority, may join such port authority, and thereupon the         3,416        

jurisdiction and territory of the port authority includes the      3,417        

municipal corporation, county, or township, OR OTHER POLITICAL     3,418        

SUBDIVISION so joining.  If more than one such political           3,420        

subdivision is to be joined to the port authority at the same      3,421        

time, then each such ordinance or resolution shall designate the   3,422        

political subdivisions which are to be so joined. Any territory    3,423        

or municipal corporation not included in a port authority and      3,424        

which is annexed to a municipal corporation included within the    3,425        

jurisdiction and territory of a port authority shall, on such      3,426        

annexation and without further proceedings, be annexed to and be   3,427        

included in the jurisdiction and territory of the port authority.  3,428        

Before such political subdivision or subdivisions are joined to a  3,429        

port authority, other than by annexation to a municipal            3,430        

corporation, the political subdivision or subdivisions             3,431        

theretofore comprising such port authority shall agree upon the    3,432        

terms and conditions pursuant to which such political subdivision  3,433        

or subdivisions are to be joined.  For all purposes of sections    3,434        

4582.21 to 4582.59 of the Revised Code, such political             3,435        

subdivision or subdivisions shall be considered to have            3,436        

participated in the creation of such port authority, except that   3,437        

the initial term of any director of the port authority appointed   3,438        

by such a political subdivision shall be four years.  After each   3,439        

ordinance or resolution proposing joinder to the port authority    3,440        

                                                          80     


                                                                 
has become effective and the terms and conditions of joinder have  3,441        

been agreed to, the board of directors of the port authority       3,442        

shall by resolution either accept or reject such joinder.  Such    3,443        

joinder shall be effective upon adoption of the resolution         3,444        

accepting such joinder, unless the port authority to which a       3,445        

political subdivision or subdivisions, including a county within   3,446        

which such port authority is located, are to be joined, has        3,447        

authority under section 4582.40 of the Revised Code to levy a tax  3,448        

on property within its jurisdiction, then such joinder shall not   3,449        

be effective until approved by the affirmative vote of a majority  3,450        

of the electors voting on the question of the joinder.  If more    3,451        

than one political subdivision is to be joined to the port         3,452        

authority, then the electors of such subdivisions shall vote as a  3,453        

district and the majority affirmative vote shall be determined by  3,454        

the vote case CAST in such district as a whole. The election       3,455        

shall be called by the board of directors of the port authority    3,456        

and shall be held, canvassed, and certified in the manner          3,457        

provided for the submission of tax levies under section 5705.191   3,458        

of the Revised Code except that the question appearing on the      3,459        

ballot shall read:                                                              

      "Shall .................................................     3,461        

                (Name or names of political subdivisions to        3,463        

................................................................   3,465        

be joined)                                                         3,467        

be joined to ............................. port authority          3,469        

                         (Name)                                    3,471        

and the existing tax levy (levies) of such port authority          3,473        

(aggregating) ............... mill per dollar of valuation         3,475        

be authorized to be levied against properties within               3,477        

............................................................?"     3,479        

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

      (Name or names of political subdivisions to be joined)       3,483        

If the question is approved the joinder becomes immediately        3,485        

effective and the port authority is authorized to extend the levy  3,486        

                                                          81     


                                                                 
of such tax against all the taxable property within the political  3,487        

subdivision or political subdivisions which have been joined.  If  3,488        

such question is approved at a general election, then the port     3,489        

authority may amend its budget and resolution adopted pursuant to  3,490        

section 5705.34 of the Revised Code and such levy shall be placed  3,491        

on the current tax list and duplicate and collected as other       3,492        

taxes are collected from all taxable property within the port      3,493        

authority including the political subdivision or political         3,494        

subdivisions joined as a result of the election.                   3,495        

      Sec. 4582.27.   A port authority created in accordance with  3,505        

section 4582.22 of the Revised Code shall be governed by a board   3,506        

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

authority created by the exclusive action of a municipal           3,507        

corporation shall consist of the number of members it deems        3,508        

CONSIDERS necessary and SHALL be appointed by the mayor with the   3,509        

advice and consent of the council.  Members of a board of          3,511        

directors of a port authority created by the exclusive action of   3,512        

a township shall consist of such members as it deems CONSIDERS     3,513        

necessary and shall be appointed by the township trustees of the   3,515        

township.  Members of a board of directors of a port authority     3,516        

created by the exclusive action of a county shall consist of such  3,517        

members as it deems CONSIDERS necessary and SHALL be appointed by  3,518        

the board of county commissioners of such THE county.  Members of  3,519        

a board of directors of a port authority created by a combination  3,521        

of political subdivisions shall be divided among the political     3,522        

subdivisions in such proportions as the political subdivisions     3,523        

may agree and SHALL BE appointed BY THE PARTICIPATING POLITICAL    3,524        

SUBDIVISIONS in the same manner as this section provides for       3,525        

their THE appointment when OF MEMBERS BY a political subdivision   3,526        

creates CREATING its own port authority. IF A PARTICIPATING        3,528        

POLITICAL SUBDIVISION IS NOT AUTHORIZED BY SECTION 4582.22 OF THE  3,530        

REVISED CODE TO CREATE ITS OWN PORT AUTHORITY, THE POLITICAL                    

SUBDIVISION'S ELECTED LEGISLATIVE BODY, IF THE POLITICAL           3,531        

SUBDIVISION HAS AN ELECTED LEGISLATIVE BODY, OR THE POLITICAL      3,532        

                                                          82     


                                                                 
SUBDIVISION'S ELECTED OFFICIAL OR OFFICIALS WHO APPOINT THE        3,533        

LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION SHALL APPOINT THE    3,534        

MEMBERS OF A BOARD OF DIRECTORS OF A PORT AUTHORITY THAT ARE TO    3,535        

BE APPOINTED BY THAT POLITICAL SUBDIVISION.  IF THE ELECTORS OF A  3,537        

PARTICIPATING POLITICAL SUBDIVISION DO NOT ELECT EITHER THE        3,538        

LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION OR THE OFFICIAL OR   3,539        

OFFICIALS WHO APPOINT THE LEGISLATIVE BODY OF THE POLITICAL        3,540        

SUBDIVISION, THE PARTICIPATING POLITICAL SUBDIVISION MAY NOT                    

APPOINT ANY MEMBER OF A BOARD OF DIRECTORS OF A PORT AUTHORITY.    3,541        

When a port authority is created by a combination of political     3,543        

subdivisions, the number of directors composing COMPRISING the     3,544        

board shall be determined by agreement between such THE political  3,546        

subdivisions, WHICH NUMBER MAY BE CHANGED FROM TIME TO TIME BY     3,547        

AMENDMENT OF THE AGREEMENT.  The appointing body may at any time   3,548        

remove a director appointed by it for misfeasance, nonfeasance,    3,550        

or malfeasance in office.                                                       

      Each director A MAJORITY OF THE DIRECTORS shall have been a  3,553        

qualified elector ELECTORS of, or shall have had his business      3,554        

THEIR BUSINESSES or place PLACES of employment in, one or more     3,556        

political subdivisions within the area of the jurisdiction of the  3,557        

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

preceding his THEIR appointment.                                   3,558        

      If a port authority owns, operates, or manages one or more   3,560        

aviation facilities regularly used for the landing and taking off  3,561        

of aircraft, and there are persons who are willing and able to     3,562        

serve on the board of directors of the port authority and have     3,563        

their principal place of residence within three miles of any such  3,564        

aviation facility, then at least one member of the board of        3,565        

directors shall be appointed from among such persons.              3,566        

      The directors of any port authority first appointed shall    3,568        

serve staggered terms.  Thereafter each successor shall serve for  3,569        

a term of four years, except that any person appointed to fill a   3,570        

vacancy shall be appointed to only the unexpired term and any      3,571        

director is eligible for reappointment.                            3,572        

                                                          83     


                                                                 
      THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL   3,574        

OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR        3,575        

MEETINGS OF THE BOARD.  IF A DIRECTOR IS SO REMOVED, A SUCCESSOR   3,576        

SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR  3,578        

IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT.          3,579        

      The directors shall elect one of their membership as         3,581        

chairman, CHAIRPERSON and another as vice-chairman                 3,582        

VICE-CHAIRPERSON, and shall designate their terms of office, and   3,584        

shall appoint a secretary who need not be a director.  A majority  3,585        

of the board of directors shall constitute a quorum, the           3,586        

affirmative vote of which shall be necessary for any action taken  3,587        

by the port authority.  No vacancy in the membership of the board  3,588        

shall impair the rights of a quorum to exercise all the rights     3,589        

and perform all the duties of the port authority.                  3,590        

      Each member of the board of directors of a port authority    3,592        

shall be entitled to receive from the port authority such sum of   3,593        

money as the board of directors may determine as compensation for  3,594        

his services as director and reimbursement for his reasonable      3,595        

expenses in the performance of his OFFICIAL duties.                3,596        

      Sec. 4582.28.  (A)  A port authority created in accordance   3,605        

with section 4582.22 of the Revised Code shall employ and fix the  3,606        

qualifications, duties, and compensation of such ANY employees     3,607        

and enter into contracts for such ANY professional services as it  3,610        

may require to conduct the business of the port authority and may  3,611        

appoint an advisory board, which shall serve without               3,612        

compensation. Any employee may be suspended or dismissed, and any  3,613        

contract for professional services may be terminated at any time   3,614        

by the port authority.                                             3,615        

      (B)  A port authority may provide for the administration     3,617        

and enforcement of the laws of the state by employing special      3,618        

policemen POLICE OFFICERS, and may seek the assistance of other    3,619        

appropriate law enforcement officers to enforce its rules and      3,620        

maintain order.                                                                 

      (C)  Special policemen POLICE OFFICERS employed by a port    3,622        

                                                          84     


                                                                 
authority shall serve as a security POLICE force with respect to   3,624        

the property, grounds, buildings, equipment, and facilities under  3,626        

the control of the port authority, to prevent hijacking of         3,627        

aircraft or watercraft, protect the property of the authority AND  3,628        

THE PROPERTY OF OTHERS LOCATED THEREON, suppress nuisances and     3,629        

disturbances and breaches of the peace, and enforce laws AND THE   3,630        

RULES OF THE PORT AUTHORITY for the preservation of good order.    3,631        

In performing their duties, special policemen POLICE OFFICERS are  3,632        

vested with the same powers of arrest as police officers under     3,633        

section 2935.03 of the Revised Code.                               3,634        

      ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT    3,636        

AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF   3,637        

THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS   3,640        

DEFINED IN SECTION 742.01 OF THE REVISED CODE.                     3,642        

      Sec. 4582.29.  (A)  Any A port authority created under       3,651        

section 4582.22 of the Revised Code may procure and pay all or     3,652        

any part of the cost of group hospitalization, surgical, major     3,653        

medical, sickness and accident insurance, or group life            3,654        

insurance, or a combination of any of the foregoing types of       3,655        

insurance or coverage for full-time employees and their immediate  3,656        

dependents FAMILIES, issued by an insurance company duly           3,657        

authorized to do business in this state.                           3,659        

      (B)  Any A port authority also may procure and pay all or    3,661        

any part of the cost of a plan of group hospitalization,           3,662        

surgical, or major medical, OR SICKNESS AND ACCIDENT insurance     3,663        

with a health insuring corporation holding a certificate of        3,665        

authority under Chapter 1751. of the Revised Code, provided that   3,666        

each full-time employee shall be permitted to:                     3,668        

      (1)  Exercise an option between a plan offered by an         3,670        

insurance company as provided in division (A) of this section and  3,671        

a plan offered by a health insuring corporation under this         3,672        

division, on the condition that the full-time employee shall pay   3,674        

any amount by which the cost of the plan offered in this division  3,675        

exceeds the cost of the plan offered under division (A) of this    3,676        

                                                          85     


                                                                 
section; and                                                                    

      (2)  Change from one of the two plans to the other at a      3,678        

time each year as determined by the port authority.                3,679        

      (C)  A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE   3,682        

OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON  3,684        

ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER       3,685        

GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE   3,686        

EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES.  A PORT  3,687        

AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT   3,688        

SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR        3,689        

MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE.                       3,690        

      Sec. 4582.30.  (A)(1)  Except as otherwise provided in       3,699        

division (B)(A)(2) OR (3) of this section, the area of             3,701        

jurisdiction of a port authority created in accordance with        3,702        

section 4582.22 of the Revised Code shall include all of the       3,703        

territory of the political subdivision or subdivisions creating    3,704        

it and, if the port authority owns or leases a railroad line, the  3,705        

territory on which the railroad's line, terminals, and related     3,706        

facilities are located, regardless of whether the territory is     3,707        

located in the political subdivision or subdivisions creating the  3,708        

port authority, provided that in no case shall the same political  3,709        

subdivision that created or joined an existing port authority be   3,710        

included in more than one port authority.                          3,711        

      (B)(1)(2)  A municipal corporation with a population of at   3,713        

least one hundred thousand according to the most recent federal    3,714        

decennial census may create a port authority within a county that  3,715        

previously created an existing port authority, if the municipal    3,716        

corporation did not join with the county in creating the port      3,717        

authority or thereafter join that port authority.  THE NEWLY       3,718        

CREATED PORT AUTHORITY AND THE PREVIOUSLY CREATED AND EXISTING     3,719        

PORT AUTHORITY SHALL POSSESS CONCURRENT JURISDICTION OVER ANY      3,720        

TERRITORY WITHIN THE JURISDICTION OF BOTH.                                      

      (2)(3)  A county may create a port authority the area of     3,722        

jurisdiction of which excludes any territory that is located in    3,723        

                                                          86     


                                                                 
that county and is in the area of jurisdiction of any port         3,724        

authority created in accordance with section 4582.02 or 4582.22    3,725        

of the Revised Code that is then existing in the county.           3,726        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS        3,729        

SECTION, A POLITICAL SUBDIVISION THAT HAS CREATED A PORT           3,730        

AUTHORITY OR JOINED AN EXISTING PORT AUTHORITY SHALL NOT BE        3,731        

INCLUDED IN ANY OTHER PORT AUTHORITY.                              3,732        

      (2)  A MUNICIPAL CORPORATION WITH A POPULATION OF LESS THAN  3,735        

ONE HUNDRED THOUSAND ACCORDING TO THE MOST RECENT FEDERAL                       

DECENNIAL CENSUS THAT HAS JOINED AN EXISTING PORT AUTHORITY IN A   3,736        

COUNTY WITH A POPULATION OF FIVE HUNDRED THOUSAND OR LESS MAY      3,737        

CREATE A PORT AUTHORITY WITHIN THE TERRITORIAL JURISDICTION OF     3,739        

THE MUNICIPAL CORPORATION.                                         3,740        

      Sec. 4582.31.  A port authority created in accordance with   3,749        

section 4582.22 of the Revised Code may:                           3,750        

      (A)  Adopt bylaws for the regulation of its affairs and the  3,752        

conduct of its business;                                           3,753        

      (B)  Adopt an official seal;                                 3,755        

      (C)  Maintain a principal office within its jurisdiction,    3,757        

and maintain such branch offices as it may require;                3,758        

      (D)  Acquire, purchase, construct, reconstruct, enlarge,     3,760        

furnish, equip, maintain, repair, sell, exchange, lease or rent    3,761        

to, lease or rent from, or operate port authority facilities OR    3,764        

LEASE WITH AN OPTION TO PURCHASE, CONVEY OTHER INTERESTS IN REAL   3,765        

OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO,      3,766        

USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE AND        3,767        

OPERATE ANY PROPERTY IN CONNECTION WITH TRANSPORTATION,            3,768        

RECREATIONAL, GOVERNMENTAL OPERATIONS, OR CULTURAL ACTIVITIES;     3,769        

      (E)  Straighten, deepen, and improve any channel, river,     3,771        

stream, or other water course or way which may be necessary or     3,772        

proper in the development of the facilities of a water port        3,773        

AUTHORITY;                                                         3,774        

      (F)  Make available the use or services of any port          3,776        

authority facility to one or more persons, one or more             3,777        

                                                          87     


                                                                 
governmental agencies, or any combination thereof;                 3,778        

      (G)  Issue bonds or notes for the acquisition or,            3,780        

construction, FURNISHING, OR EQUIPPING of any port authority       3,781        

facility or other permanent improvement which THAT a port          3,783        

authority is authorized to acquire or, construct, FURNISH, OR      3,785        

EQUIP, in compliance with Chapter 133. of the Revised Code,        3,786        

except that such bonds or notes may only be issued pursuant to a   3,787        

vote of the electors residing within the area of jurisdiction of   3,788        

the port authority.  The net indebtedness incurred by a port       3,789        

authority shall never exceed two per cent of the total value of    3,790        

all property within the territory comprising such THE port         3,791        

authority as listed and assessed for taxation.                     3,793        

      (H)  Issue port authority revenue bonds beyond the limit of  3,795        

bonded indebtedness provided by law, payable solely from revenues  3,796        

as provided in section 4582.48 of the Revised Code, unless the     3,797        

bonds be refunded by refunding bonds, for the purpose of           3,798        

providing funds to pay the costs of any port authority facility    3,799        

or facilities or parts thereof, pursuant to Section 13 of Article  3,800        

VIII, Ohio Constitution, and in order to create or preserve jobs   3,801        

and employment opportunities and improve the economic welfare of   3,802        

the people of the state;                                           3,803        

      (I)  Apply to the proper authorities of the United States    3,805        

pursuant to appropriate law for the right to establish, operate,   3,806        

and maintain foreign trade zones and establish, operate, and       3,807        

maintain such foreign trade zones AND TO ACQUIRE, EXCHANGE, SELL,  3,809        

LEASE TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, OR OPERATE     3,810        

FACILITIES, LAND, OR PROPERTY THEREFOR in accordance with the      3,812        

"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to   3,814        

81u;                                                                            

      (J)  Enjoy and possess the same rights, privileges, and      3,816        

powers granted municipal corporations under sections 721.04 to     3,817        

721.11 of the Revised Code;                                        3,818        

      (K)  Maintain such funds as it considers necessary;          3,820        

      (L)  Direct its agents or employees, when properly           3,822        

                                                          88     


                                                                 
identified in writing, and after at least five days' written       3,823        

notice, to enter upon lands within the confines of its             3,824        

jurisdiction in order to make surveys and examinations             3,825        

preliminary to location and construction of works for the          3,826        

purposes of the port authority, without liability of the port      3,827        

authority or its agents or employees except for actual damage      3,828        

done;                                                              3,829        

      (M)  Promote, advertise, and publicize the port authority    3,831        

and its facilities; provide information to shippers and other      3,832        

commercial interests; and appear before rate-making authorities    3,833        

to represent and promote the interests of the port authority;      3,834        

      (N)  Adopt rules, not in conflict with general law,          3,836        

governing the use of its property, grounds, buildings, equipment,  3,837        

and facilities, and governing the conduct of its employees and     3,838        

the public, in order to promote the public safety and convenience  3,839        

in and about its facilities and grounds, and to maintain order IT  3,840        

FINDS NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF ITS DUTIES     3,841        

AND THE EXECUTION OF ITS POWERS UNDER SECTIONS 4582.21 TO 4582.54  3,842        

OF THE REVISED CODE.  Any such rule shall be posted at a           3,843        

prominent place in each of the facilities to which it applies NO   3,845        

LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED  3,846        

BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN  3,847        

DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE                       

PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS     3,848        

HOURS.  No person shall violate any lawful rule adopted and        3,850        

posted as provided in this division.                                            

      (O)  Acquire by gift or purchase, hold, lease, and dispose   3,852        

of real and personal property and interests therein in the         3,853        

exercise of the powers of the port authority and the performance   3,854        

of its duties under sections 4582.21 to 4582.59 of the Revised     3,855        

Code;                                                              3,856        

      (P)  Acquire, in the name of the port authority, by          3,858        

purchase or otherwise, on such terms and in such manner as the     3,859        

port authority finds proper, or by the exercise of the right of    3,860        

                                                          89     


                                                                 
condemnation in the manner provided by section 4582.56 of the      3,861        

Revised Code, such public or private lands, including public       3,862        

parks, playgrounds, or reservations, or parts thereof or rights    3,863        

therein, rights-of-way, property, rights, easements, and           3,864        

interests as it finds necessary for carrying out sections 4582.21  3,865        

to 4582.59 of the Revised Code, and compensation shall be paid     3,866        

for public or private lands so taken;                              3,867        

      (Q)  DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS IN  3,869        

ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF,         3,870        

INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS,       3,871        

FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED    3,872        

TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR   3,873        

SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE     3,875        

VIII OF THE OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE            3,877        

DISCRETION MAY DETERMINE:                                                       

      (1)  LOAN MONEYS TO ANY PERSON OR GOVERNMENTAL ENTITY FOR    3,879        

THE ACQUISITION, CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE    3,880        

PROPERTY;                                                          3,881        

      (2)  ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND      3,883        

EQUIP THE PROPERTY;                                                3,884        

      (3)  SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS   3,886        

IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER     3,887        

INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR        3,889        

GOVERNMENTAL ENTITY;                                                            

      (4)  GUARANTEE THE OBLIGATIONS OF ANY PERSON OR              3,891        

GOVERNMENTAL ENTITY.                                                            

      A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR    3,893        

THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY   3,894        

OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY            3,895        

DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE      3,896        

INVESTMENT OF FUNDS BY A PORT AUTHORITY.                           3,897        

      (P)  SELL, LEASE, OR CONVEY OTHER INTERESTS IN REAL AND      3,900        

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

PROPERTY OF THE PORT AUTHORITY.  THE BOARD OF DIRECTORS SHALL      3,901        

                                                          90     


                                                                 
SPECIFY THE CONSIDERATION AND ANY TERMS FOR THE SALE, LEASE, OR    3,902        

CONVEYANCE OF OTHER INTERESTS IN REAL AND PERSONAL PROPERTY.  ANY  3,903        

DETERMINATION MADE BY THE BOARD UNDER THIS DIVISION SHALL BE       3,904        

CONCLUSIVE.  THE SALE, LEASE, OR CONVEYANCE MAY BE MADE WITHOUT    3,905        

ADVERTISING AND THE RECEIPT OF BIDS.                               3,906        

      (Q)  EXERCISE THE RIGHT OF EMINENT DOMAIN TO APPROPRIATE     3,909        

ANY LAND, RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS, OR OTHER   3,910        

PROPERTY, NECESSARY OR PROPER FOR ANY AUTHORIZED PURPOSE,          3,911        

PURSUANT TO THE PROCEDURE PROVIDED IN SECTIONS 163.01 TO 163.22    3,912        

OF THE REVISED CODE, IF FUNDS EQUAL TO THE APPRAISED VALUE OF THE  3,915        

PROPERTY TO BE ACQUIRED AS A RESULT OF SUCH PROCEEDINGS ARE        3,916        

AVAILABLE FOR THAT PURPOSE.  HOWEVER, NOTHING CONTAINED IN         3,917        

SECTIONS 4582.201 TO 4582.59 OF THE REVISED CODE SHALL AUTHORIZE   3,919        

A PORT AUTHORITY TO TAKE OR DISTURB PROPERTY OR FACILITIES         3,920        

BELONGING TO ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE,    3,921        

PUBLIC UTILITY, OR COMMON CARRIER, WHICH PROPERTY OR FACILITIES    3,922        

ARE NECESSARY AND CONVENIENT IN THE OPERATION OF THE AGENCY OR     3,923        

POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON CARRIER, UNLESS   3,924        

PROVISION IS MADE FOR THE RESTORATION, RELOCATION, OR DUPLICATION  3,926        

OF SUCH PROPERTY OR FACILITIES, OR UPON THE ELECTION OF THE        3,927        

AGENCY OR POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON         3,928        

CARRIER, FOR THE PAYMENT OF COMPENSATION, IF ANY, AT THE SOLE      3,929        

COST OF THE PORT AUTHORITY, PROVIDED THAT:                                      

      (1)  IF ANY RESTORATION OR DUPLICATION PROPOSED TO BE MADE   3,931        

UNDER THIS SECTION INVOLVES A RELOCATION OF THE PROPERTY OR        3,932        

FACILITIES, THE NEW FACILITIES AND LOCATION SHALL BE OF AT LEAST   3,933        

COMPARABLE UTILITARIAN VALUE AND EFFECTIVENESS AND SHALL NOT       3,934        

IMPAIR THE ABILITY OF THE PUBLIC UTILITY OR COMMON CARRIER TO      3,935        

COMPETE IN ITS ORIGINAL AREA OF OPERATION;                         3,936        

      (2)  IF ANY RESTORATION OR DUPLICATION MADE UNDER THIS       3,938        

SECTION INVOLVES A RELOCATION OF THE PROPERTY OR FACILITIES, THE   3,940        

PORT AUTHORITY SHALL ACQUIRE NO INTEREST OR RIGHT IN OR TO THE     3,941        

APPROPRIATED PROPERTY OR FACILITIES, EXCEPT AS PROVIDED IN                      

DIVISION (O) OF THIS SECTION, UNTIL THE RELOCATED PROPERTY OR      3,943        

                                                          91     


                                                                 
FACILITIES ARE AVAILABLE FOR USE AND UNTIL MARKETABLE TITLE        3,944        

THERETO HAS BEEN TRANSFERRED TO THE PUBLIC UTILITY OR COMMON       3,945        

CARRIER.                                                                        

      (R)(1)  Make and enter into all contracts and agreements     3,947        

and execute all instruments necessary or incidental to the         3,948        

performance of its duties and the execution of its powers under    3,949        

sections 4582.21 to 4582.59 of the Revised Code.                   3,950        

      (1)  When the cost under any such contract or agreement,     3,952        

other than compensation for personal services, involves an         3,953        

expenditure of more than ten thousand dollars, the port authority  3,954        

shall make a written contract with the lowest responsive and       3,955        

responsible bidder, in accordance with section 9.312 of the        3,956        

Revised Code, after advertisement once a week for not less than    3,957        

two consecutive weeks in a newspaper of general circulation in     3,958        

the county where the facility is located, and in such other        3,959        

publications as the port authority determines, which notice shall  3,960        

state the general character of the work and the general character  3,961        

of the materials to be furnished, the place where plans and        3,962        

specifications therefor may be examined, and the time and place    3,963        

of receiving bids; provided, that a contract or lease for the      3,964        

operation of a port authority facility constructed and owned by    3,965        

the port authority or an agreement for cooperation in the          3,966        

acquisition or construction of a port authority facility pursuant  3,967        

to section 4582.43 of the Revised Code or any contract for the     3,968        

construction of a port authority facility that is to be leased by  3,969        

the port authority to, and operated by, persons who are not        3,970        

governmental agencies and the cost of such facility is to be       3,971        

amortized exclusively from rentals or other charges paid to the    3,972        

port authority by persons who are not governmental agencies is     3,973        

not subject to the foregoing requirements and the port authority   3,974        

may enter into such contract, lease, or agreement pursuant to      3,975        

negotiation and upon such terms and conditions and for such        3,976        

period as it finds to be reasonable and proper in the              3,977        

circumstances and in the best interests of proper operation or of  3,978        

                                                          92     


                                                                 
efficient acquisition or construction of such facility.            3,979        

      (2)  Each bid shall contain the full name of every person    3,981        

interested in it and shall be accompanied by a sufficient bond or  3,982        

certified check on a solvent bank that if the bid is accepted a    3,983        

contract will be entered into and the performance thereof          3,984        

secured.                                                           3,985        

      (3)(2)  EXCEPT AS PROVIDED IN DIVISION (R)(3) OF THIS        3,988        

SECTION, WHEN THE COST OF A CONTRACT FOR THE CONSTRUCTION OF ANY   3,989        

BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDERTAKEN BY A PORT     3,990        

AUTHORITY INVOLVES AN EXPENDITURE EXCEEDING TWENTY-FIVE THOUSAND   3,991        

DOLLARS, AND THE PORT AUTHORITY IS THE CONTRACTING ENTITY, THE     3,992        

PORT AUTHORITY SHALL MAKE A WRITTEN CONTRACT AFTER NOTICE CALLING  3,993        

FOR BIDS FOR THE AWARD OF THE CONTRACT HAS BEEN GIVEN BY           3,994        

PUBLICATION TWICE, WITH AT LEAST SEVEN DAYS BETWEEN PUBLICATIONS,  3,995        

IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA OF THE PORT      3,996        

AUTHORITY.  EACH SUCH CONTRACT SHALL BE LET TO THE LOWEST          3,997        

RESPONSIVE AND RESPONSIBLE BIDDER IN ACCORDANCE WITH SECTION       3,998        

9.312 OF THE REVISED CODE.  EVERY CONTRACT SHALL BE ACCOMPANIED    4,001        

BY OR SHALL REFER TO PLANS AND SPECIFICATIONS FOR THE WORK TO BE   4,002        

DONE, PREPARED FOR AND APPROVED BY THE PORT AUTHORITY, SIGNED BY   4,003        

AN AUTHORIZED OFFICER OF THE PORT AUTHORITY AND BY THE             4,004        

CONTRACTOR, AND SHALL BE EXECUTED IN TRIPLICATE.                   4,005        

      EACH BID SHALL BE AWARDED IN ACCORDANCE WITH SECTIONS        4,007        

153.54, 153.57, AND 153.571 OF THE REVISED CODE.  The port         4,011        

authority may reject any and all bids.                                          

      (4)  A bond with good and sufficient surety, approved by     4,013        

the port authority, shall be required of all contractors in an     4,014        

amount equal to at least fifty per cent of the contract price,     4,015        

conditioned upon the faithful performance of the contract.         4,016        

      (R)(3)  THE BOARD OF DIRECTORS BY RULE MAY PROVIDE CRITERIA  4,018        

FOR THE NEGOTIATION AND AWARD WITHOUT COMPETITIVE BIDDING OF ANY   4,020        

CONTRACT AS TO WHICH THE PORT AUTHORITY IS THE CONTRACTING ENTITY  4,021        

FOR THE CONSTRUCTION OF ANY BUILDING OR STRUCTURE OR OTHER         4,022        

IMPROVEMENT UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:              4,023        

                                                          93     


                                                                 
      (a)  THERE EXISTS A REAL AND PRESENT EMERGENCY THAT          4,026        

THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT      4,027        

AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING   4,028        

THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION  4,029        

AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE       4,030        

SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT     4,031        

CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE      4,032        

ATTACHED TO THE CONTRACT.                                          4,033        

      (b)  A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR     4,036        

SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE             4,037        

ARTICULATED FOR THE IMPROVEMENT.                                                

      (c)  THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS  4,039        

DEFINED IN SECTION 307.041 OF THE REVISED CODE.                    4,040        

      (d)  WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE    4,042        

IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE       4,044        

MATERIAL.                                                                       

      (e)  A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER    4,047        

COMPLYING WITH THE PROVISIONS OF DIVISION (R)(2) OF THIS SECTION.  4,048        

      (4)(a)  IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED        4,051        

WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION   4,052        

(R)(3)(b) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A      4,054        

NOTICE CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT     4,055        

LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL   4,056        

CIRCULATION IN THE AREA OF THE PORT AUTHORITY.  AFTER RECEIPT OF   4,057        

THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH     4,058        

AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING    4,059        

THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT    4,060        

AUTHORITY.                                                         4,061        

      (b)  IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT   4,064        

COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION           4,066        

(R)(3)(d) OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO  4,067        

THE INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY    4,068        

BE PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER  4,069        

OF THAT MATERIAL.                                                  4,070        

                                                          94     


                                                                 
      (5)(a)  ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN   4,073        

OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER     4,074        

CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO     4,075        

THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING,    4,076        

EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY   4,077        

COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF  4,078        

AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII,      4,080        

OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO     4,082        

SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF     4,083        

DIRECTORS IN ITS DISCRETION.                                       4,084        

      (b)  DIVISION (R)(5)(a) OF THIS SECTION APPLIES TO ALL       4,087        

CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY    4,088        

OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING,      4,089        

WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF  4,090        

COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE       4,091        

PROVISION OF SECURITY.                                                          

      (c)  DIVISIONS (R)(5)(a) AND (b) OF THIS SECTION DO NOT      4,095        

APPLY TO EITHER OF THE FOLLOWING:                                               

      (i)  ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS       4,098        

RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A     4,099        

PLEDGE OF MONEYS RAISED BY TAXATION.                                            

      (ii)  ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID      4,102        

EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY.  FOR  4,103        

THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT     4,104        

AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS,     4,105        

CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT        4,106        

EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF  4,107        

THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY        4,108        

ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM     4,109        

GENERAL REVENUES.                                                               

      (S)  Employ managers, superintendents, and other employees   4,111        

and retain or contract with consulting engineers, financial        4,112        

consultants, accounting experts, architects, attorneys, and such   4,113        

ANY other consultants and independent contractors as are           4,114        

                                                          95     


                                                                 
necessary in its judgment to carry out this chapter, and fix the   4,115        

compensation thereof.  All expenses thereof shall be payable from  4,116        

any available funds of the port authority or from funds            4,117        

appropriated for such THAT purpose by a political subdivision      4,118        

creating or participating in the creation of the port authority.   4,119        

      (S)(T)  Receive and accept from any STATE OR federal agency  4,122        

grants AND LOANS for or in aid of the construction of any port     4,123        

authority facility or for research and development with respect    4,124        

to port authority facilities, and receive and accept aid or        4,125        

contributions from any source of money, property, labor, or other  4,126        

things of value, to be held, used, and applied only for the        4,127        

purposes for which such THE grants and contributions are made;     4,128        

      (T)(U)  Engage in research and development with respect to   4,130        

port authority facilities;                                         4,131        

      (U)(V)  Purchase fire and extended coverage and liability    4,133        

insurance for any port authority facility and for the principal    4,134        

office and branch offices of the port authority, insurance         4,135        

protecting the port authority and its officers and employees       4,136        

against liability for damage to property or injury to or death of  4,137        

persons arising from its operations, and any other insurance the   4,138        

port authority may agree to provide under any resolution           4,139        

authorizing its port authority revenue bonds or in any trust       4,140        

agreement securing the same;                                       4,141        

      (V)(W)  Charge, alter, and collect rentals and other         4,143        

charges for the use or services of any port authority facility as  4,144        

provided in section 4582.43 of the Revised Code;                   4,145        

      (W)(X)  Provide coverage for its employees under Chapters    4,147        

145., 4123., and 4141. of the Revised Code;                        4,148        

      (X)(Y)  Do all acts necessary or proper to carry out the     4,150        

powers expressly granted in sections 4582.21 to 4582.59 of the     4,151        

Revised Code.                                                      4,152        

      Sec. 4582.35.  The port authority shall foster and           4,161        

encourage the participation of private enterprise in the           4,162        

development of the port facilities to the fullest extent it deems  4,163        

                                                          96     


                                                                 
CONSIDERS practicable in the interest of limiting the necessity    4,164        

of construction and operation of such THE facilities by the port   4,165        

authority.  For this purpose the port authority shall, upon a      4,166        

written request by any person, partnership, or corporation, filed  4,167        

with the secretary of the board of directors within thirty days    4,168        

following the journalization of the order of the adoption of an    4,169        

official plan as provided in sections 4582.32 and 4582.33 of the   4,170        

Revised Code, submit a proposal to provide, operate, and maintain  4,171        

any facility included in the plan, by publication of and           4,172        

invitation for bids therefor based upon specifications prepared    4,173        

by the board of directors.                                         4,174        

      The board of directors may accept the bid of the person,     4,176        

partnership, or corporation it deems best qualified by financial   4,177        

responsibility and business experience to construct and operate    4,178        

the facility or facilities in accordance with its official plan.   4,179        

      Sec. 4582.36.  Nothing contained in sections 4582.23         4,188        

4582.25 to 4582.59 of the Revised Code shall:                      4,189        

      (A)  Impair the provisions of law or ordinance directing     4,191        

the payment of revenues derived from public property into sinking  4,192        

funds or dedicating such THOSE revenues to specific purposes;      4,193        

      (B)  Impair the powers of any county, township, or           4,195        

municipal corporation, OR OTHER POLITICAL SUBDIVISION to develop   4,196        

or improve port and terminal facilities except as restricted by    4,198        

section 4582.42 of the Revised Code;                               4,199        

      (C)  Enlarge, alter, diminish, or affect in any way, any     4,201        

lease or conveyance made, or action taken prior to the creation    4,202        

of a port authority in accordance with section 4582.22 of the      4,203        

Revised Code by any municipal corporation under the provisions of  4,204        

sections 721.04 to 721.11 of the Revised Code, or by any county    4,205        

under the provisions of section 307.65 of the Revised Code;        4,206        

      (D)  Impair or interfere with the exercise of any permit     4,208        

for the removal of sand or gravel, or other similar permits        4,209        

issued by this state or the United States;                         4,210        

      (E)  IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS.    4,212        

                                                          97     


                                                                 
      Sec. 4582.37.  No port authority shall enter into any        4,221        

contract for the creation, construction, alteration, or repair of  4,223        

any port authority facility and no loan agreement for the          4,224        

borrowing of funds for any such port authority facility            4,225        

undertaken by a port authority shall be executed unless laborers   4,226        

and mechanics employed on the facility are paid at the prevailing  4,227        

rates of wages of laborers and mechanics for the class of work     4,228        

called for by the facility, which wages shall be determined in     4,229        

accordance with the requirements of Chapter 4115. of the Revised   4,230        

Code for determination of prevailing wage rates, provided that     4,231        

the requirements of this section do not apply where the federal    4,232        

government or any of its agencies furnishes by loan or grant all   4,233        

or any part of the funds used in connection with the facility and  4,234        

prescribes predetermined minimum wages to be paid to such THE      4,235        

laborers and mechanics; and provided further that should a         4,237        

nonpublic user beneficiary of the facility undertake construction  4,238        

to be performed by its regular bargaining unit employees who are   4,239        

covered under a collective bargaining agreement which THAT was in  4,240        

existence prior to the commitment instrument undertaking a loan    4,241        

or grant of funds then, in that event, the rate of pay provided    4,242        

under the collective bargaining agreement may be paid to such      4,243        

employees.                                                                      

      Except as provided in this section, construction on any      4,245        

port authority facility to which this section applies is hereby    4,246        

deemed to be construction of a public improvement within section   4,247        

4115.03 of the Revised Code.  All contractors and subcontractors   4,248        

working on such projects, facilities, or port authority            4,249        

facilities shall be subject to and comply with sections 4115.03    4,250        

to 4115.16 of the Revised Code, and the bureau of employment       4,252        

services shall, and any interested party may, bring proceedings    4,253        

under such THOSE sections to enforce compliance.  The bureau       4,255        

shall make the determination of wages as required under this       4,256        

section and shall designate one of its employees to act as the     4,257        

prevailing wage coordinator under section 4115.071 of the Revised  4,258        

                                                          98     


                                                                 
Code for any project, facility, or port authority facility for     4,259        

which a coordinator has not been designated by any port            4,260        

authority.                                                                      

      Sec. 4582.38.  The legislative authority of any municipal    4,269        

corporation, county, township, school district, or other           4,270        

political subdivision or taxing district, may convey or lease to   4,271        

OR FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, any   4,272        

port authority or any port authority may convey or lease to OR     4,273        

FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, a        4,274        

municipal corporation, county, township, school district, or       4,275        

other political subdivision or taxing district, without            4,276        

competitive bidding and on mutually agreeable terms, any personal  4,277        

property or real property, or any interest therein, which THAT is  4,278        

not needed for the purposes of the grantor, or lessor, to be used  4,279        

by the recipient or lessee for its purposes.                       4,280        

      Sec. 4582.43.  A port authority may charge, alter, and       4,289        

collect rentals or other charges for the use or services of any    4,290        

port authority facility and contract in the manner provided by     4,291        

this section with one or more persons, one or more governmental    4,292        

agencies, or any combination thereof, desiring the use or          4,293        

services of the facility, and fix the terms, conditions, rentals,  4,294        

or other charges for such THE use or services.  If such THE        4,296        

services are furnished in the jurisdiction of the port authority   4,297        

by a public utility or a common carrier, charges by the port       4,298        

authority for the services shall not be less than the charges      4,299        

established for the same services furnished by a public utility    4,300        

or common carrier in the port authority jurisdiction.  Such THE    4,301        

rentals or other charges shall not be subject to supervision or    4,302        

regulation by any other authority, commission, board, bureau, or   4,303        

agency of the state and such THE contract may provide for          4,304        

acquisition by such THE person or governmental agency of all or    4,306        

any part of such THE port authority facility for such              4,308        

consideration payable over the period of the contract or           4,309        

otherwise as the port authority in its sole discretion determines  4,310        

                                                          99     


                                                                 
to be appropriate, but subject to the provisions of any            4,311        

resolution authorizing the issuance of port authority revenue      4,312        

bonds or any trust agreement securing such THE bonds.  Any         4,313        

governmental agency that has power to construct, operate, and      4,314        

maintain port authority facilities may enter into a contract or    4,315        

lease with a port authority whereby the use or services of any     4,316        

port authority facility will be made available to the              4,317        

governmental agency, and may pay for such THE use or services      4,318        

such rentals or other charges as may be agreed to by the port      4,319        

authority and such THE governmental agency.                        4,320        

      Any governmental agency or combination of governmental       4,322        

agencies may cooperate with the port authority in the acquisition  4,323        

or construction of port authority facilities and shall enter into  4,324        

such agreements with the port authority as may be appropriate,     4,325        

with a view to effective cooperative action and safeguarding of    4,326        

the respective interests of the parties thereto, which agreements  4,327        

shall provide for such contributions by the parties thereto in     4,328        

such A proportion as may be agreed upon and such other terms as    4,330        

may be mutually satisfactory to the parties including, without     4,331        

limitation, the authorization of the construction of the facility  4,332        

by one of the parties acting as agent for all of the parties and   4,333        

the ownership and control of the facility by the port authority    4,334        

to the extent necessary or appropriate for purposes of the         4,335        

issuance of port authority revenue bonds by the port authority.    4,336        

Any governmental agency may provide the funds for the payment of   4,337        

such ANY contribution as is required under such agreements by the  4,339        

levy of taxes or assessments if otherwise authorized by the laws   4,340        

governing such THE governmental agency in the construction of the  4,342        

type of port authority facility provided for in the agreements,    4,343        

and may pay the proceeds from the collection of such THE taxes or  4,345        

assessments; or the governmental agency may issue bonds or notes,  4,346        

if authorized by such THOSE laws, in anticipation of the           4,347        

collection of such THE taxes or assessments, and may pay the       4,349        

proceeds of such THE bonds or notes to the port authority          4,351        

                                                          100    


                                                                 
pursuant to such agreements.  In addition, any governmental        4,352        

agency may provide the funds for the payment of such A             4,353        

contribution by the appropriation of money or, if otherwise        4,355        

authorized by law, by the issuance of bonds or notes and may pay   4,356        

such THE appropriated money or the proceeds of such THE bonds or   4,358        

notes to the port authority pursuant to such agreements.  The                   

agreement by the governmental agency to provide such A             4,359        

contribution, whether from appropriated money or from the          4,360        

proceeds of such taxes or assessments, or such bonds or notes, or  4,362        

any combination thereof, shall not be subject to Chapter 133. of   4,363        

the Revised Code or any rules or limitations contained therein.    4,364        

The proceeds from the collection of such taxes or assessments,     4,365        

and any interest earned thereon, shall be paid into a special      4,366        

fund immediately upon the collection thereof by the governmental   4,367        

agency for the purpose of providing such THE contribution at the   4,368        

times required under such agreements.                              4,369        

      When the contribution of any governmental agency is to be    4,371        

made over a period of time from the proceeds of the collection of  4,372        

special assessments, the interest accrued and to accrue before     4,373        

the first installment of the assessments is collected, which is    4,374        

payable by the governmental agency on the contribution under the   4,375        

terms and provisions of the agreements, shall be treated as part   4,376        

of the cost of the improvement for which the assessments are       4,377        

levied, and that portion of such THE assessments as are THAT IS    4,379        

collected in installments shall bear interest at the same rate as  4,380        

the governmental agency is obligated to pay on the contribution    4,381        

under the terms and provisions of the agreements and for the same  4,382        

period of time as the contribution is to be made under the         4,383        

agreements.  If the assessment or any installment thereof is not   4,384        

paid when due, it shall bear interest until the payment thereof    4,385        

at the same rate as such THE contribution and the county auditor   4,386        

shall annually place on the tax list and duplicate the interest    4,387        

applicable to such THE assessment and the penalty thereon as       4,388        

otherwise authorized by law.                                       4,389        

                                                          101    


                                                                 
      Any governmental agency, pursuant to a favorable vote of     4,391        

the electors in an election held before or after the effective     4,392        

date of this section JULY 9, 1982, for the purpose of issuing      4,394        

bonds to provide funds to acquire, construct, or equip, or         4,395        

provide real estate and interests in real estate for, a port       4,396        

authority facility, whether or not the governmental agency, at     4,397        

the time of the election, had the authority to pay the proceeds    4,398        

from such THE bonds or notes issued in anticipation of the bonds   4,400        

to the port authority as provided in this section, may issue such  4,401        

bonds or notes in anticipation of the issuance of the bonds and    4,402        

pay the proceeds of such THE bonds or notes to the port authority  4,404        

in accordance with its agreement with the port authority;          4,405        

provided, that the legislative authority of the governmental       4,406        

agency finds and determines that the port authority facility to    4,407        

be acquired or constructed by the port authority in cooperation    4,408        

with such THE governmental agency will serve the same public       4,410        

purpose and meet substantially the same public need as the         4,411        

facility otherwise proposed to be acquired or constructed by the   4,412        

governmental agency with the proceeds of such THE bonds and        4,413        

notes.                                                                          

      Sec. 4582.431.  (A)  A PORT AUTHORITY MAY ENTER INTO ANY     4,415        

CONTRACTS OR OTHER ARRANGEMENTS WITH THE UNITED STATES             4,417        

GOVERNMENT, OR ANY DEPARTMENT THEREOF, WITH PERSONS, RAILROADS,    4,418        

OR OTHER CORPORATIONS, WITH PUBLIC CORPORATIONS, WITH PUBLIC       4,419        

UTILITIES, AND WITH THE STATE GOVERNMENT OF THIS OR ANY OTHER      4,421        

STATE, WITH COUNTIES, MUNICIPALITIES, TOWNSHIPS, OR OTHER          4,422        

GOVERNMENTAL AGENCIES CREATED BY OR UNDER THE AUTHORITY OF THE     4,423        

LAWS OF THIS STATE OR OTHER STATES, INCLUDING SEWERAGE, DRAINAGE,  4,424        

CONSERVATION, CONSERVANCY, OR OTHER IMPROVEMENT DISTRICTS IN THIS  4,425        

OR OTHER STATES OR THE GOVERNMENTS OR AGENCIES OF FOREIGN          4,426        

COUNTRIES AS MAY BE NECESSARY OR CONVENIENT FOR THE EXERCISE OF    4,427        

THE POWERS GRANTED BY SECTIONS 4582.21 TO 4582.59 OF THE REVISED   4,429        

CODE, INCLUDING THE MAKING OF SURVEYS, INVESTIGATIONS, OR REPORTS  4,431        

THEREON; PROVIDED THAT THE CONTRACTS OR ARRANGEMENTS SHALL NOT BE  4,432        

                                                          102    


                                                                 
IN VIOLATION OF SECTION 13 OR 16 OF ARTICLE VIII, OHIO             4,433        

CONSTITUTION.  THE PORT AUTHORITY MAY PURCHASE, LEASE, OR ACQUIRE  4,434        

LAND OR OTHER PROPERTY IN ANY COUNTY OF THIS STATE AND IN          4,435        

ADJOINING STATES FOR THE ACCOMPLISHMENT OF AUTHORIZED PURPOSES OF  4,436        

THE PORT AUTHORITY, OR FOR THE IMPROVEMENT OF THE HARBOR AND PORT  4,437        

FACILITIES OVER WHICH THE PORT AUTHORITY MAY HAVE JURISDICTION,    4,438        

AND MAY LET CONTRACTS OR SPEND MONEY FOR THOSE PURPOSES,           4,439        

INCLUDING DEVELOPMENT OF PORT FACILITIES IN ADJOINING STATES.      4,440        

THE AUTHORITY GRANTED IN THIS SECTION TO ENTER INTO CONTRACTS OR   4,441        

OTHER ARRANGEMENTS WITH THE UNITED STATES GOVERNMENT OR ANY        4,442        

DEPARTMENT THEREOF, INCLUDES THE POWER TO ENTER INTO ANY           4,443        

CONTRACTS, ARRANGEMENTS, OR AGREEMENTS THAT MAY BE NECESSARY TO    4,444        

HOLD AND SAVE HARMLESS THE UNITED STATES FROM DAMAGES DUE TO THE   4,446        

CONSTRUCTION AND MAINTENANCE BY THE UNITED STATES OF WORK THE      4,447        

UNITED STATES UNDERTAKES.                                                       

      ANY POLITICAL SUBDIVISION THAT HAS PARTICIPATED IN THE       4,449        

CREATION OF A PORT AUTHORITY, OR IS WITHIN, OR ADJACENT TO A       4,450        

POLITICAL SUBDIVISION THAT IS WITHIN, THE JURISDICTION OF A PORT   4,452        

AUTHORITY, MAY ENTER INTO AN AGREEMENT, WHICH MAY BE AMENDED OR    4,453        

SUPPLEMENTED, WITH THE PORT AUTHORITY TO ACCOMPLISH ANY OF THE     4,454        

AUTHORIZED PURPOSES OF THE PORT AUTHORITY.  THE AGREEMENT MAY SET  4,455        

FORTH THE EXTENT TO WHICH THE PORT AUTHORITY SHALL ACT AS THE      4,456        

AGENT OF THE POLITICAL SUBDIVISION.                                             

      (B)  A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE   4,459        

OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR    4,460        

ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE   4,461        

PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY     4,462        

POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF   4,463        

THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT    4,464        

AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO          4,465        

EXERCISE, PERFORM, OR RENDER.                                      4,466        

      UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE      4,468        

LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND    4,469        

ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE     4,470        

                                                          103    


                                                                 
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE      4,471        

SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE           4,472        

EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY    4,473        

OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT,   4,474        

WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING      4,475        

SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL    4,476        

POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS    4,478        

MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE      4,479        

FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE     4,480        

AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY            4,481        

CONTRACTING SUBDIVISION DIRECTLY.  THE EXERCISE OF THOSE POWERS,   4,482        

PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES    4,483        

BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE      4,484        

GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR     4,485        

CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING    4,486        

EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE  4,488        

BEING RENDERED.  ANY SUCH AGREEMENT SHALL NOT SUSPEND THE                       

POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF,  4,490        

OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO      4,491        

PERFORM ANY FUNCTION OR RENDER ANY SERVICE.  A PORT AUTHORITY OR   4,492        

ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY     4,493        

AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR                  

EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND   4,494        

ON BEHALF OF, ANY OTHER SUBDIVISION UNLESS APPROVED BY A MAJORITY  4,497        

OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION.                   4,498        

      Sec. 4582.46.  The exercise of the powers granted by         4,507        

sections 4582.22 to 4582.59 of the Revised Code will SHALL be for  4,509        

the benefit of the people of the state, for the improvement of     4,510        

their health, safety, convenience, and welfare, and for the        4,511        

enhancement of their residential, agricultural, recreational,      4,512        

economic, commercial, distributional DISTRIBUTION, research, and   4,513        

industrial opportunities and is a public purpose.  As the          4,515        

operation and maintenance of port authority facilities will        4,516        

constitute the performance of essential governmental functions, a  4,517        

                                                          104    


                                                                 
port authority shall not be required to pay any taxes or           4,518        

assessments upon any port authority facility, upon any property    4,519        

acquired or used by the port authority under sections 4582.22 to   4,520        

4582.59 of the Revised Code, or upon the income therefrom, nor     4,521        

shall the transfer to or from a port authority of title or         4,522        

possession of any port authority facility, part thereof, or item   4,523        

included or to be included in any such facility, be subject to     4,524        

the taxes levied pursuant to Chapters 5739. and 5741. of the       4,525        

Revised Code, provided, such THIS exemption does not apply to any  4,526        

property belonging to any port authority while OCCUPIED AND USED   4,528        

DURING A TAX YEAR BY a person WHO is a lessee of such THE          4,529        

property AS OF THE TAX LIEN DATE FOR THAT TAX YEAR under A         4,530        

written lease providing for a tenancy WITH A REMAINING TERM        4,531        

longer than one year. The bonds and notes issued under this        4,533        

chapter, their transfer, and the income therefrom, shall at all    4,534        

times be free from taxation within the state.                      4,535        

      Sec. 4582.47.  (A)  With respect to facilities, and their    4,544        

financing, for industry, commerce, distribution, or research       4,545        

AUTHORIZED PURPOSES, under agreements whereby the person to whom   4,547        

the facility is to be leased, subleased, or sold, or to whom a     4,548        

loan is to be made for the facility, is to make payments           4,549        

sufficient to pay all of the principal of, premium, if any, and    4,550        

interest on the port authority revenue bonds issued for the        4,551        

facility, the port authority may, in addition to other powers      4,552        

under sections 4582.22 to 4582.59 of the Revised Code, MAY DO ANY  4,553        

OF THE FOLLOWING:                                                               

      (1)  Make loans for the acquisition or construction of the   4,555        

facility to such person upon such terms as the port authority may  4,556        

determine or authorize including secured or unsecured loans, and,  4,557        

in connection therewith, enter into loan agreements and other      4,558        

agreements, accept notes and other forms of obligation to          4,559        

evidence such indebtedness and mortgages, liens, pledges,          4,560        

assignments, or other security interests to secure such            4,561        

indebtedness, which may be prior or subordinate to or on a parity  4,562        

                                                          105    


                                                                 
with other indebtedness, obligations, mortgages, pledges,          4,563        

assignments, other security interests, or liens or encumbrances,   4,564        

and take such actions as may be considered by it CONSIDERS         4,566        

appropriate to protect such security and safeguard against         4,567        

losses, including, without limitation, foreclosure and the         4,568        

bidding upon and purchase of property upon foreclosure or other    4,569        

sale;                                                                           

      (2)  Sell such THE facility under such terms as it may       4,571        

determine, including, without limitation, sale by conditional      4,572        

sale or installment sale, under which title may pass prior to or   4,573        

after completion of the facility or payment or provisions for      4,574        

payment of all principal of, premium, if any, and interest on      4,575        

such THE bonds, or at any other time provided in the agreement     4,576        

pertaining to such THE sale, and including sale under an option    4,577        

to purchase at a price which may be a nominal amount or less than  4,579        

true value at the time of purchase;                                4,580        

      (3)  Grant a mortgage, lien, or other encumbrance on, or     4,582        

pledge or assignment of, or other security interest with respect   4,583        

to, all or any part of the facility, revenues, reserve funds, or   4,584        

other funds established in connection with such THE bonds, or on,  4,586        

of, or with respect to any lease, sublease, sale, conditional      4,587        

sale or installment sale agreement, loan agreement, or other       4,588        

agreement pertaining to the lease, sublease, sale, or other        4,589        

disposition of a facility or pertaining to a loan made for a       4,590        

facility, or any guaranty or insurance agreement made with         4,591        

respect thereto, or any interest of the port authority therein,    4,592        

or any other interest granted, assigned, or released to secure     4,593        

payments of the principal of, premium, if any, or interest on the  4,594        

bonds or to secure any other payments to be made by the port       4,595        

authority, which mortgage, lien, encumbrance, pledge, assignment,  4,596        

or other security interest may be prior or subordinate to or on a  4,597        

parity with any other mortgage, assignment, or other security      4,598        

interest, or lien or encumbrance;                                  4,599        

      (4)  Provide that the interest on such THE bonds may be at   4,601        

                                                          106    


                                                                 
a variable rate or rates changing from time to time in accordance  4,602        

with a base or formula as authorized by the port authority;        4,603        

      (5)  Contract for the acquisition or construction of such    4,605        

THE facility or any part thereof and for the leasing, subleasing,  4,606        

sale, or other disposition of such THE facility in a manner        4,607        

determined by the port authority in its sole discretion, without   4,608        

necessity for competitive bidding or performance bonds.            4,609        

      (B)  The port authority, in the lease, sale, or loan         4,611        

agreement with respect to a facility referred to in division (A)   4,612        

of this section, shall make;                                       4,613        

      (6)  MAKE appropriate provision for adequate maintenance of  4,616        

the facility.                                                                   

      (C)(B)  With respect to the facilities referred to in this   4,618        

section, the authority granted by this section is cumulative and   4,619        

supplementary to all other authority granted in this chapter. The  4,621        

authority granted by this section does not alter or impair any     4,622        

similar authority granted elsewhere in this chapter for or with    4,623        

respect to other facilities.                                                    

      Sec. 4582.48.  A port authority may at any time MAY issue    4,632        

PORT AUTHORITY revenue bonds and notes in such principal amounts   4,633        

as, in the opinion of the port authority, are necessary for the    4,635        

purpose of paying the cost of one or more port authority           4,636        

facilities or parts thereof.  A port authority may at any time     4,637        

MAY issue renewal notes, issue bonds to pay such RETIRE ITS notes  4,639        

and whenever it deems CONSIDERS refunding expedient, refund any    4,641        

bonds by the issuance of port authority revenue refunding bonds    4,642        

of a political subdivision creating or participating in the        4,643        

creation of the port authority whether the bonds to be refunded    4,644        

have or have not matured, and issue PORT AUTHORITY REVENUE bonds   4,645        

partly to refund bonds then outstanding BONDS and partly for any   4,646        

other authorized purpose.  The PORT AUTHORITY REVENUE refunding    4,648        

bonds shall be sold and the proceeds applied to the purchase,      4,650        

redemption, or payment of the bonds to be refunded.  Except as     4,651        

may otherwise be expressly provided by the port PORT authority,    4,652        

                                                          107    


                                                                 
every issue of its revenue bonds or notes shall be special         4,654        

obligations of the port authority payable out of the revenues of   4,655        

the port authority that are pledged for such payment, without      4,656        

preference or priority of the first bonds issued, subject only to  4,657        

any agreements with the holders of particular bonds or notes       4,658        

pledging any particular revenues.  Such THE pledge shall be valid  4,659        

and binding from the time the pledge is made and the revenues so   4,661        

pledged and thereafter received by the port authority shall        4,662        

immediately SHALL be subject to the lien of the pledge without     4,664        

any physical delivery thereof or further act, and the lien of any  4,665        

such THE pledge is valid and binding as against all parties        4,667        

having claims of any kind in tort, contract, or otherwise against  4,668        

the port authority, irrespective of whether such THOSE parties     4,669        

have notice thereof.  Neither the resolution nor any trust         4,670        

agreement by which a pledge is created need be filed or recorded   4,671        

except in the records of the port authority.                       4,672        

      Whether or not the PORT AUTHORITY REVENUE bonds or notes     4,674        

are of such form and character as to be negotiable instruments,    4,676        

the PORT AUTHORITY REVENUE bonds or notes shall have all the       4,678        

qualities and incidents of negotiable instruments, subject only    4,679        

to the provisions of the bonds or notes for registration.          4,680        

      The PORT AUTHORITY REVENUE bonds and notes shall be          4,682        

authorized by resolution of the port authority, AND SHALL BEAR     4,684        

INTEREST AT SUCH RATE OR RATES, shall bear such date or dates,     4,685        

and shall mature at such time or times, in the case of any such    4,686        

AND IN SUCH NUMBER OF INSTALLMENTS AS MAY BE PROVIDED IN OR        4,688        

PURSUANT TO THAT RESOLUTION.  THE FINAL MATURITY OF ANY PORT                    

AUTHORITY REVENUE BOND IN THE FORM OF A note or AND any renewals   4,691        

thereof SHALL not exceeding EXCEED five years from the date of     4,692        

issue of such THE original note and in the case of any such bond.  4,694        

THE FINAL MATURITY OF ANY ORIGINAL ISSUE OF PORT AUTHORITY         4,695        

REVENUE BONDS SHALL not exceeding EXCEED forty years from the      4,696        

date of issue, and THE FINAL MATURITY OF ANY PORT AUTHORITY        4,697        

REVENUE BONDS THAT REFUND OUTSTANDING PORT AUTHORITY REVENUE       4,698        

                                                          108    


                                                                 
BONDS SHALL NOT BE LATER THAN THE LATER OF FORTY YEARS FROM THE    4,699        

DATE OF ISSUE OF THE ORIGINAL ISSUE OF BONDS OR THE DATE BY WHICH  4,700        

IT IS EXPECTED, AT THE TIME OF ISSUANCE OF THE REFUNDING BONDS,    4,701        

THAT THE USEFUL LIFE OF ALL OF THE PROPERTY REFINANCED WITH THE    4,702        

PROCEEDS OF THE BONDS, OTHER THAN INTERESTS IN LAND, WILL HAVE     4,703        

EXPIRED.  ANY SUCH BONDS OR NOTES shall be executed in such A      4,706        

manner as such THE resolution or resolutions may provide.  The     4,708        

PORT AUTHORITY REVENUE bonds and notes shall bear interest at      4,709        

such rate or rates, be in such denominations, be in such form,     4,710        

either coupon or registered, carry such registration privileges,   4,711        

be payable in such medium of payment, at such place or places,     4,712        

and be subject to such terms of redemption as the port authority   4,713        

may authorize BE PROVIDED IN OR PURSUANT TO THE RESOLUTION         4,714        

AUTHORIZING THEIR ISSUANCE.  The PORT AUTHORITY REVENUE bonds and  4,716        

notes of the port authority may be sold by the port authority, at  4,718        

public or private sale, at or at not less than such A price or     4,720        

prices as the port authority determines.  In case any officer      4,721        

whose signature or a facsimile of whose signature appears on any   4,722        

bonds, notes, or coupons, ceases to be such officer before                      

delivery of bonds or notes, such THE signature or facsimile shall  4,724        

nevertheless be sufficient for all purposes the same as if he THE  4,725        

OFFICER had remained in office until such delivery, and in case    4,726        

the seal of the port authority has been changed after a facsimile  4,728        

has been imprinted on such bonds or notes, such THE facsimile      4,729        

seal will continue to be sufficient for all purposes.              4,730        

      Any resolution or resolutions authorizing any PORT           4,732        

AUTHORITY REVENUE bonds or notes or any issue of bonds or notes    4,734        

may contain provisions, subject to such ANY agreements with        4,735        

bondholders or noteholders as may then exist, which provisions     4,737        

shall be a part of the contract with the holders of the bonds or   4,738        

notes, as to the pledging of all or any part of the revenues of    4,739        

the port authority to secure the payment of the PORT AUTHORITY     4,740        

bonds or notes or of any issue of the bonds or notes; the use and  4,742        

disposition of revenues of the port authority; a covenant to fix,  4,743        

                                                          109    


                                                                 
alter, and collect rentals and other charges so that pledged       4,744        

revenues will be sufficient to pay costs of operation,             4,745        

maintenance, and repairs, pay principal of and interest on bonds   4,746        

or notes secured by the pledge of such revenues, and provide such  4,747        

ANY reserves as THAT may be required by the applicable resolution  4,749        

or trust agreement; the setting aside of reserve funds, sinking    4,750        

funds, or replacement and improvement funds and the regulation     4,751        

and disposition thereof; the crediting of the proceeds of the      4,752        

sale of bonds or notes to and among the funds referred to or       4,753        

provided for in OR PURSUANT TO the resolution authorizing the      4,755        

issuance of the bonds or notes; the use, lease, sale, or other     4,756        

disposition of any port authority facility or any other assets of  4,757        

the port authority; limitations on the purpose to which the        4,758        

proceeds of sale of bonds or notes may be applied and the                       

pledging of such THOSE proceeds to secure the payment of the       4,759        

bonds or notes or of any issue of the bonds or notes; as to notes  4,761        

issued in anticipation of the issuance of bonds, the agreement of  4,762        

the port authority to do all things necessary for the              4,763        

authorization, issuance, and sale of such THE bonds in such        4,764        

amounts as THAT may be necessary for the timely retirement of      4,766        

such THE notes; limitations on the issuance of additional bonds    4,768        

or notes; the terms upon which additional bonds or notes may be    4,769        

issued and secured; the refunding of outstanding bonds or notes;   4,770        

the procedure, if any, by which the terms of any contract with     4,771        

bondholders or noteholders may be amended or abrogated, the        4,772        

amount of bonds or notes the holders of which must consent         4,773        

thereto, and the manner in which such consent may be given;        4,774        

limitations on the amount of moneys to be expended by the port     4,775        

authority for operating, administrative, or other expenses of the  4,776        

port authority; securing any bonds or notes by a trust agreement   4,777        

in accordance with section 4582.50 of the Revised Code; and any    4,778        

other matters, of like or different character, that in any way     4,779        

affect the security or protection of the bonds or notes.           4,780        

      At least three days prior to the delivery of bonds issued    4,782        

                                                          110    


                                                                 
under authority of this section, the port authority shall send a   4,783        

written notice by certified mail to the clerk of the legislative   4,784        

authority of each political subdivision which participated in the  4,785        

creation of the port authority advising such legislative           4,786        

authority of the proposed delivery of the bonds, the amount of     4,787        

the bonds, the user, and a general description of the facility or  4,788        

facilities to be financed.                                         4,789        

      Neither the BOARD OF directors of the port authority nor     4,791        

any person executing the bonds or notes shall be liable            4,792        

personally on the bonds or notes or be subject to any personal     4,793        

liability or accountability by reason of the issuance thereof.     4,794        

      Sec. 4582.50.  In the discretion of the port authority, any  4,803        

port authority revenue bonds issued under sections 4582.22 to      4,804        

4582.59 of the Revised Code, may be secured by a trust agreement   4,805        

between the port authority and a corporate trustee, which trustee  4,806        

THAT may be any trust company or bank having the powers of a       4,807        

trust company within or without the state.                         4,808        

      Any such THE trust agreement may pledge or assign revenues   4,810        

of the port authority to be received and may convey or mortgage    4,811        

any port authority facility or any part thereof.  Any such THE     4,812        

trust agreement or any resolution providing for the issuance of    4,813        

such bonds or notes may contain such ANY provisions for            4,814        

protecting and enforcing the rights and remedies of the            4,816        

bondholders or noteholders as are reasonable and proper and not    4,817        

in violation of law, including covenants setting forth the duties  4,818        

of the port authority in relation to the acquisition of property,  4,819        

the construction, improvement, maintenance, repair, operation,     4,820        

and insurance of the port authority facility in connection with    4,821        

which such THE bonds or notes are authorized, the rentals or       4,822        

other charges to be imposed for the use or services of any port    4,825        

authority facility, the custody, safeguarding, and application of  4,826        

all moneys, and provisions for the employment of consulting        4,827        

engineers in connection with the construction or operation of      4,828        

such THE port authority facility.  Any bank or trust company       4,830        

                                                          111    


                                                                 
incorporated under the laws of this state that may act as          4,831        

depository of the proceeds of bonds or notes or of revenues may    4,832        

furnish such ANY indemnifying bonds or may pledge such ANY         4,834        

securities as THAT are required by the port authority.  Any such   4,836        

THE trust agreement may set forth the rights and remedies of the   4,838        

bondholders and noteholders and of the trustee, and may restrict   4,839        

the individual right of action by bondholders and noteholders as   4,840        

is customary in trust agreements or trust indentures securing      4,841        

similar bonds.  Such THE trust agreement may contain such ANY      4,842        

other provisions as THAT the port authority determines reasonable  4,844        

and proper for the security of the bondholders or noteholders.     4,845        

All expenses incurred in carrying out the provisions of any such   4,846        

THE trust agreement may be treated as a part of the cost of the    4,848        

operation of the port authority facility.                                       

      Sec. 4582.52.  Port authority revenue bonds issued under     4,857        

sections 4582.22 to 4582.59 of the Revised Code do not constitute  4,858        

a debt, or a pledge of the faith and credit, of the state or any   4,859        

political subdivision of the state, and the holders or owners of   4,860        

the bonds have no right to have taxes levied by the general        4,861        

assembly or taxing authority of any political subdivision of the   4,862        

state for the payment of the principal of or interest on the       4,863        

bonds, but such THE bonds and notes are payable solely from the    4,865        

revenues and funds pledged for their payment as authorized by      4,866        

such THOSE sections, unless the notes are issued in anticipation   4,867        

of the issuance of bonds or the bonds are refunded by refunding    4,869        

bonds issued under such THOSE sections, which bonds or refunding   4,870        

bonds shall be payable solely from revenues and funds pledged for  4,872        

their payment as authorized by such THOSE sections.  All such THE  4,874        

bonds and notes shall contain on the face thereof a statement to   4,875        

the effect that the bonds or notes, as to both principal and       4,876        

interest, are not debts of the state or any political subdivision  4,877        

of the state, but are payable solely from revenues and funds       4,878        

pledged for their payment.                                         4,879        

      Sec. 4582.54.  Moneys in the funds of the port authority,    4,888        

                                                          112    


                                                                 
except as otherwise provided in any resolution authorizing the     4,889        

issuance of its port authority revenue bonds or in any trust       4,890        

agreement securing the same, in excess of current needs, may be    4,892        

invested in notes, bonds, or other obligations of the United                    

States or any agency or instrumentality of the United States, or   4,893        

in obligations of this state or any political subdivision of this  4,895        

state AS PERMITTED BY SECTIONS 135.01 TO 135.21 OF THE REVISED     4,896        

CODE.  Income from all such investments of moneys in any fund      4,898        

shall be credited to such funds as the port authority determines,  4,899        

subject to the provisions of any such resolution or trust          4,900        

agreement, and such investments may be sold at such ANY time as    4,902        

the port authority determines.                                     4,903        

      Sec. 4582.58.  (A)  All final actions of the port authority  4,912        

shall be journalized and such THE journal and the records of the   4,915        

port authority shall be open to public inspection at all           4,917        

reasonable times, except that any records or information relating  4,918        

to marketing plans, specific business strategy, financial                       

projections, financial statements, or secret processes or secret   4,920        

methods of manufacture or production that may be obtained by the   4,921        

port authority or other persons acting under sections 4582.22 to   4,922        

4852.59 of the Revised Code are confidential and shall not be      4,923        

disclosed.  NOT LATER THAN THE FIRST DAY OF APRIL EVERY YEAR,      4,924        

EVERY PORT AUTHORITY SHALL SUBMIT A REPORT TO THE DIRECTOR OF                   

DEVELOPMENT DETAILING THE PROJECTS AND ACTIVITIES OF THE PORT      4,925        

AUTHORITY DURING THE PREVIOUS CALENDAR YEAR.  THE REPORT SHALL     4,926        

INCLUDE, BUT NOT BE LIMITED TO, ALL ASPECTS OF THOSE PROJECTS AND  4,927        

ACTIVITIES, INCLUDING THE PROGRESS AND STATUS OF THE PROJECTS AND  4,928        

THEIR COSTS, AND ANY OTHER INFORMATION THE DIRECTOR DETERMINES     4,929        

SHOULD BE INCLUDED IN THE REPORT.                                               

      (B)  FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING TRADE  4,932        

SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER TO A PORT        4,933        

AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY CONTRACT TO     4,934        

PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT AUTHORITY, IN     4,935        

CONNECTION WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT,  4,936        

                                                          113    


                                                                 
OR PRESERVATION OF THE BUSINESS OF THAT EMPLOYER IS NOT A PUBLIC   4,937        

RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE.  ANY OTHER   4,939        

INFORMATION SUBMITTED BY SUCH AN EMPLOYER UNDER THOSE              4,940        

CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF  4,941        

THE REVISED CODE UNTIL THAT EMPLOYER COMMITS IN WRITING TO         4,944        

PROCEED WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR  4,945        

PRESERVATION.                                                                   

      (C)  NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE,     4,949        

THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF        4,950        

TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (B) OF   4,952        

THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN    4,953        

CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS     4,954        

SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT    4,955        

INFORMATION PURSUANT TO A VOTE OF THE MAJORITY OF THE MEMBERS      4,956        

PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE         4,957        

CONSIDERED.  NO OTHER MATTERS SHALL BE CONSIDERED DURING THE       4,958        

CLOSED SESSION.                                                    4,959        

      Sec. 4582.99.  Whoever violates division (M)(N) of section   4,968        

4582.06 or division (N) of section 4582.31 of the Revised Code is  4,970        

guilty of a minor misdemeanor.                                                  

      Section 2.  That existing sections 9.981, 109.71, 109.77,    4,972        

109.78, 349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01,       4,974        

4582.02, 4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06,   4,975        

4582.10, 4582.11, 4582.12, 4582.17, 4582.20, 4582.201, 4582.202,   4,976        

4582.21, 4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29,     4,978        

4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.43,     4,979        

4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 4582.58,     4,980        

and 4582.99 and sections 4582.021, 4582.022, 4582.23, 4582.24,                  

and 4582.56 of the Revised Code are hereby repealed.               4,981