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
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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
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(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
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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
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(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
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(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
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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
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(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
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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