As Passed by the House 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-OLMAN-FLANNERY-TRAKAS-HEALY- 10
EVANS-BUEHRER-R. MILLER-HOOPS-DISTEL-GOODMAN-ASLANIDES- 11
MYERS-HOLLISTER-ROBERTS-MOTTLEY-WIDENER-METTLER-SCHULER- 12
ROMAN-VERICH-HARTNETT-PERRY-CORBIN-REDFERN-D. MILLER- 13
BARRETT-AMSTUTZ-TIBERI-JOLIVETTE-BRADING-SMITH-J. BEATTY- 14
JACOBSON-LOGAN-ALLEN-JONES-OGG 15
_________________________________________________________________ 17
A B I L L
To amend sections 9.981, 109.71, 109.77, 109.78, 19
349.01, 2901.01, 2921.51, 2935.01, 2935.03, 21
4582.01, 4582.02, 4582.023, 4582.03, 4582.04,
4582.041, 4582.05, 4582.06, 4582.10, 4582.11, 22
4582.12, 4582.17, 4582.20, 4582.201, 4582.202, 23
4582.21, 4582.22, 4582.25, 4582.26, 4582.27,
4582.28, 4582.29, 4582.30, 4582.31, 4582.35, 25
4582.36, 4582.37, 4582.38, 4582.43, 4582.46, 26
4582.47, 4582.48, 4582.50, 4582.52, 4582.54,
4582.58, and 4582.99, to enact sections 1724.11, 27
4582.091, and 4582.431, and to repeal sections 28
4582.021, 4582.022, 4582.23, 4582.24, and 4582.56 29
of the Revised Code to comprehensively revise the 30
powers and duties of port authorities, to enhance 31
the ability of port authorities and other 32
political subdivisions to cooperate in the
accomplishment of mutual objectives, to establish 33
more consistency between the statutes governing 34
port authorities established on or before July 9, 35
1982, and those established after that date, and
to make other changes in the laws governing port 36
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authorities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 9.981, 109.71, 109.77, 109.78, 39
349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01, 4582.02, 41
4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06, 4582.10, 42
4582.11, 4582.12, 4582.17, 4582.20, 4582.201, 4582.202, 4582.21, 43
4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29, 4582.30, 45
4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.43, 4582.46, 46
4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 4582.58, and 4582.99 47
be amended and sections 1724.11, 4582.091, and 4582.431 of the 49
Revised Code be enacted to read as follows:
Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised 58
Code are applicable to bonds: 59
(1) The payment of the debt service on which is to be 61
provided for directly or indirectly by payments contracted to be 62
made in the bond proceedings by the absolute obligors, being 63
persons other than the issuer; and 64
(2) Which are authorized to be issued under sections 66
122.39 to 122.62, Chapter 165., 902., 3377., 3706., division (E) 67
(D) of section 4582.06, division (H) of section 4582.31, SECTION 69
4582.48, or Chapter 6121. or 6123. of the Revised Code, 71
notwithstanding other provisions therein. 72
(B) Sections 9.98 to 9.983 of the Revised Code are 74
applicable to bonds issued under Chapters 140., 152., 154., 175., 75
and 349. of the Revised Code, and to any bonds authorized under 76
laws which expressly make those sections applicable. 77
(C) Subject to division (A) of this section, the authority 79
provided in sections 9.98 to 9.983 of the Revised Code is 80
supplemental to and not in derogation of any similar authority 81
provided by, derived from, or implied by, any law, the Ohio 82
constitution CONSTITUTION, or any charter, resolution, or 84
ordinance, and no inference shall be drawn to negate the 85
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authority thereunder by reason of the express provisions of 86
sections 9.98 to 9.983 of the Revised Code. 87
(D) Sections 9.98 to 9.983 of the Revised Code shall be 89
liberally construed to permit flexibility in the arrangements 90
therein provided to enhance the issuance of such bonds and 91
provide for terms most beneficial and satisfactory to the persons 92
which undertake to provide for their payment, security, and 93
liquidity. 94
Sec. 109.71. There is hereby created in the office of the 103
attorney general the Ohio peace officer training commission. The 104
commission shall consist of nine members appointed by the 105
governor with the advice and consent of the senate and selected 106
as follows: one member representing the public; two members who 107
are incumbent sheriffs; two members who are incumbent chiefs of 108
police; one member from the bureau of criminal identification and 109
investigation; one member from the state highway patrol; one 110
member who is the special agent in charge of a field office of 111
the federal bureau of investigation in this state; and one member 112
from the department of education, trade and industrial education 114
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code: 116
(A) "Peace officer" means: 118
(1) A deputy sheriff, marshal, deputy marshal, member of 120
the organized police department of a township or municipal 121
corporation, member of a township police district or joint 122
township police district police force, member of a police force 123
employed by a metropolitan housing authority under division (D) 124
of section 3735.31 of the Revised Code, or township constable, 125
who is commissioned and employed as a peace officer by a 126
political subdivision of this state or by a metropolitan housing 127
authority, and whose primary duties are to preserve the peace, to 128
protect life and property, and to enforce the laws of this state, 129
ordinances of a municipal corporation, resolutions of a township, 130
or regulations of a board of county commissioners or board of 131
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township trustees, or any such laws, ordinances, resolutions, or 132
regulations;
(2) A police officer who is employed by a railroad company 134
and appointed and commissioned by the governor pursuant to 135
sections 4973.17 to 4973.22 of the Revised Code; 136
(3) Employees of the department of taxation engaged in the 138
enforcement of Chapter 5743. of the Revised Code and designated 139
by the tax commissioner for peace officer training for purposes 140
of the delegation of investigation powers under section 5743.45 141
of the Revised Code; 142
(4) An undercover drug agent; 144
(5) Liquor control investigators of the department of 146
public safety engaged in the enforcement of Chapters 4301. and 147
4303. of the Revised Code;
(6) An employee of the department of natural resources who 149
is a natural resources law enforcement staff officer designated 150
pursuant to section 1501.013, a park officer designated pursuant 151
to section 1541.10, a forest officer designated pursuant to 154
section 1503.29, a preserve officer designated pursuant to 155
section 1517.10, a wildlife officer designated pursuant to 156
section 1531.13, or a state watercraft officer designated 157
pursuant to section 1547.521 of the Revised Code; 158
(7) An employee of a park district who is designated 160
pursuant to section 511.232 or 1545.13 of the Revised Code; 161
(8) An employee of a conservancy district who is 163
designated pursuant to section 6101.75 of the Revised Code; 164
(9) A police officer who is employed by a hospital that 166
employs and maintains its own proprietary police department or 167
security department, and who is appointed and commissioned by the 168
governor pursuant to sections 4973.17 to 4973.22 of the Revised 169
Code; 170
(10) Ohio veterans' home police officers designated under 172
section 5907.02 of the Revised Code; 173
(11) A police officer who is employed by a qualified 175
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nonprofit corporation police department pursuant to section 176
1702.80 of the Revised Code; 177
(12) A state university law enforcement officer appointed 179
under section 3345.04 of the Revised Code or a person serving as 180
a state university law enforcement officer on a permanent basis 181
on June 19, 1978, who has been awarded a certificate by the 182
executive director of the Ohio peace officer training council 183
attesting to the person's satisfactory completion of an approved 184
state, county, municipal, or department of natural resources 185
peace officer basic training program;
(13) A special police officer employed by the department 187
of mental health pursuant to section 5119.14 of the Revised Code 188
or the department of mental retardation and developmental 189
disabilities pursuant to section 5123.13 of the Revised Code; 190
(14) A member of a campus police department appointed 192
under section 1713.50 of the Revised Code; 193
(15) A member of a police force employed by a regional 195
transit authority under division (Y) of section 306.35 of the 196
Revised Code;
(16) Food stamp trafficking agents of the department of 198
public safety designated under section 5502.14 of the Revised 200
Code;
(17) Investigators appointed by the auditor of state 202
pursuant to section 117.091 of the Revised Code and engaged in 203
the enforcement of Chapter 117. of the Revised Code; 204
(18) A special police officer designated by the 206
superintendent of the state highway patrol pursuant to section 207
5503.09 of the Revised Code or a person who was serving as a 208
special police officer pursuant to that section on a permanent 210
basis on October 21, 1997, and who has been awarded a certificate 212
by the executive director of the Ohio peace officer training 213
commission attesting to the person's satisfactory completion of 214
an approved state, county, municipal, or department of natural 215
resources peace officer basic training program; 216
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(19) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 218
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE OR A PERSON 220
SERVING AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 221
ON A PERMANENT BASIS ON THE EFFECTIVE DATE OF THIS AMENDMENT WHO 222
HAS BEEN AWARDED A CERTIFICATE BY THE EXECUTIVE DIRECTOR OF THE 223
OHIO PEACE OFFICER TRAINING COUNCIL ATTESTING TO THE PERSON'S 224
SATISFACTORY COMPLETION OF AN APPROVED STATE, COUNTY, MUNICIPAL, 225
OR DEPARTMENT OF NATURAL RESOURCES PEACE OFFICER BASIC TRAINING 226
PROGRAM. 227
(B) "Undercover drug agent" has the same meaning as in 229
division (B)(2) of section 109.79 of the Revised Code. 230
(C) "Crisis intervention training" means training in the 232
use of interpersonal and communication skills to most effectively 233
and sensitively interview victims of rape. 234
(D) "Missing children" has the same meaning as in section 236
2901.30 of the Revised Code. 237
Sec. 109.77. (A) As used in this section, "felony" has 247
the same meaning as in section 109.511 of the Revised Code. 248
(B)(1) Notwithstanding any general, special, or local law 251
or charter to the contrary, and except as otherwise provided in 252
this section, no person shall receive an original appointment on 253
a permanent basis as any of the following unless the person 254
previously has been awarded a certificate by the executive 255
director of the Ohio peace officer training commission attesting 256
to the person's satisfactory completion of an approved state, 257
county, municipal, or department of natural resources peace 258
officer basic training program:
(a) A peace officer of any county, township, municipal 260
corporation, regional transit authority, or metropolitan housing 261
authority;
(b) A natural resources law enforcement staff officer, 263
park officer, forest officer, preserve officer, wildlife officer, 265
or state watercraft officer of the department of natural 266
resources;
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(c) An employee of a park district under section 511.232 268
or 1545.13 of the Revised Code; 269
(d) An employee of a conservancy district who is 271
designated pursuant to section 6101.75 of the Revised Code; 272
(e) A state university law enforcement officer; 274
(f) A special police officer employed by the department of 276
mental health pursuant to section 5119.14 of the Revised Code or 277
the department of mental retardation and developmental 278
disabilities pursuant to section 5123.13 of the Revised Code; 279
(g) A food stamp trafficking agent of the department of 281
public safety designated under section 5502.14 of the Revised 282
Code;
(h) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 284
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 285
(2) Every person who is appointed on a temporary basis or 287
for a probationary term or on other than a permanent basis as any 288
of the following shall forfeit the appointed position unless the 290
person previously has completed satisfactorily or, within the 291
time prescribed by rules adopted by the attorney general pursuant 292
to section 109.74 of the Revised Code, satisfactorily completes a 293
state, county, municipal, or department of natural resources 294
peace officer basic training program for temporary or 295
probationary officers and is awarded a certificate by the 296
director attesting to the satisfactory completion of the program: 297
(a) A peace officer of any county, township, municipal 299
corporation, regional transit authority, or metropolitan housing 300
authority;
(b) A natural resources law enforcement staff officer, 302
park officer, forest officer, preserve officer, wildlife officer, 304
or state watercraft officer of the department of natural 305
resources;
(c) An employee of a park district under section 511.232 307
or 1545.13 of the Revised Code; 308
(d) An employee of a conservancy district who is 310
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designated pursuant to section 6101.75 of the Revised Code; 311
(e) A special police officer employed by the department of 313
mental health pursuant to section 5119.14 of the Revised Code or 314
the department of mental retardation and developmental 315
disabilities pursuant to section 5123.13 of the Revised Code; 316
(f) A food stamp trafficking agent of the department of 318
public safety designated under section 5502.14 of the Revised 319
Code;
(g) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 321
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 322
(3) For purposes of division (B) of this section, a state, 324
county, municipal, or department of natural resources peace 325
officer basic training program, regardless of whether the program 326
is to be completed by peace officers appointed on a permanent or 327
temporary, probationary, or other nonpermanent basis, shall 328
include at least fifteen hours of training in the handling of the 329
offense of domestic violence, other types of domestic 330
violence-related offenses and incidents, and protection orders 331
and consent agreements issued or approved under section 2919.26 332
or 3113.31 of the Revised Code and at least six hours of crisis 333
intervention training. The requirement to complete fifteen hours 334
of training in the handling of the offense of domestic violence, 335
other types of domestic violence-related offenses and incidents, 336
and protection orders and consent agreements issued or approved 337
under section 2919.26 or 3113.31 of the Revised Code does not 338
apply to any person serving as a peace officer on March 27, 1979, 339
and the requirement to complete six hours of training in crisis 340
intervention does not apply to any person serving as a peace 341
officer on April 4, 1985. Any person who is serving as a peace 342
officer on April 4, 1985, who terminates that employment after 343
that date, and who subsequently is hired as a peace officer by 344
the same or another law enforcement agency shall complete the six 345
hours of training in crisis intervention within the time 346
prescribed by rules adopted by the attorney general pursuant to 347
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section 109.742 of the Revised Code. No peace officer shall have 348
employment as a peace officer terminated and then be reinstated 349
with intent to circumvent this section. 350
(4) Division (B) of this section does not apply to any 352
person serving on a permanent basis on March 28, 1985, as a park 353
officer, forest officer, preserve officer, wildlife officer, or 354
state watercraft officer of the department of natural resources 355
or as an employee of a park district under section 511.232 or 356
1545.13 of the Revised Code, to any person serving on a permanent 357
basis on March 6, 1986, as an employee of a conservancy district 358
designated pursuant to section 6101.75 of the Revised Code, to 359
any person serving on a permanent basis on January 10, 1991, as a 360
preserve officer of the department of natural resources, to any 362
person employed on a permanent basis on July 2, 1992, as a
special police officer by the department of mental health 364
pursuant to section 5119.14 of the Revised Code or by the 365
department of mental retardation and developmental disabilities 366
pursuant to section 5123.13 of the Revised Code, TO ANY PERSON 367
SERVING ON A PERMANENT BASIS ON THE EFFECTIVE DATE OF THIS 368
AMENDMENT AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT
AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, 369
or to any person serving on a permanent basis on June 19, 1978, 371
as a state university law enforcement officer pursuant to section 372
3345.04 of the Revised Code and who, immediately prior to June
19, 1978, was serving as a special police officer designated 374
under authority of that section.
(5) Division (B) of this section does not apply to any 376
person who is appointed as a regional transit authority police 377
officer pursuant to division (Y) of section 306.35 of the Revised 378
Code if, on or before July 1, 1996, the person has completed 379
satisfactorily an approved state, county, municipal, or 381
department of natural resources peace officer basic training 382
program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting 383
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to the person's satisfactory completion of such an approved 384
program and if, on July 1, 1996, the person is performing peace 385
officer functions for a regional transit authority. 386
(C) No person, after September 20, 1984, shall receive an 388
original appointment on a permanent basis as a liquor control 389
investigator or food stamp trafficking agent of the department of 390
public safety, engaged in the enforcement of Chapters 4301. and 391
4303. of the Revised Code, or as an Ohio veterans' home police 392
officer designated under section 5907.02 of the Revised Code 395
unless the person previously has been awarded a certificate by 396
the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of 397
an approved police officer basic training program. Every person 398
who is appointed on a temporary basis or for a probationary term 400
or on other than a permanent basis as a liquor control 401
investigator of the department of public safety, engaged in the 402
enforcement of Chapters 4301. and 4303. of the Revised Code, or 403
as an Ohio veterans' home police officer designated under section 404
5907.02 of the Revised Code shall forfeit that position unless 405
the person previously has completed satisfactorily or, within one 406
year from the time of appointment, satisfactorily completes an 408
approved police officer basic training program. 409
No person, beginning on October 29, 1995, shall receive an 412
original appointment on a permanent basis as a food stamp 413
trafficking agent of the department of public safety authorized 414
to enforce Chapter 5502. and sections 2913.46 and 5101.54 of the 416
Revised Code and engaged in the enforcement of laws and rules
described in section 5502.14 of the Revised Code unless the 417
person previously has been awarded a certificate by the executive 419
director of the Ohio peace officer training commission attesting 420
to the person's satisfactory completion of an approved police
officer basic training program. Every person who is appointed on 422
a temporary BASIS or for a probationary term or on other than a 423
permanent basis as a food stamp trafficking agent shall forfeit 424
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that position unless the person previously has completed 425
satisfactorily, or within one year from the time of the 426
appointment satisfactorily completes, an approved police officer 427
basic training program. 428
(D) No bailiff or deputy bailiff of a court of record of 430
this state and no criminal investigator who is employed by the 431
state public defender shall carry a firearm, as defined in 432
section 2923.11 of the Revised Code, while on duty unless the 433
bailiff, deputy bailiff, or criminal investigator has done or 435
received one of the following:
(1) Has been awarded a certificate by the executive 437
director of the Ohio peace officer training commission, which 438
certificate attests to satisfactory completion of an approved 439
state, county, or municipal basic training program for bailiffs 440
and deputy bailiffs of courts of record and for criminal 441
investigators employed by the state public defender that has been 442
recommended by the Ohio peace officer training commission; 443
(2) Has successfully completed a firearms training program 446
approved by the Ohio peace officer training commission prior to 447
employment as a bailiff, deputy bailiff, or criminal 448
investigator;
(3) Prior to June 6, 1986, was authorized to carry a 451
firearm by the court that employed the bailiff or deputy bailiff 452
or, in the case of a criminal investigator, by the state public 454
defender and has received training in the use of firearms that 455
the Ohio peace officer training commission determines is 456
equivalent to the training that otherwise is required by division 457
(D) of this section. 458
(E)(1) Prior to awarding any certificate prescribed in 461
this section, the executive director of the Ohio peace officer 462
training commission shall request the person to whom the 463
certificate is to be awarded to disclose, and the person shall 464
disclose, any previous criminal conviction of or plea of guilty 465
of that person to a felony.
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(2) Prior to the award by the executive director of the 468
commission of any certificate prescribed in this section, the 469
prospective employer of the person to whom the certificate is to 470
be awarded or the commander of the peace officer training school 471
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 473
records check on the person. Upon receipt of the request, the 474
bureau promptly shall conduct a criminal history records check on 475
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 476
prospective employer or peace officer training school commander 477
that made the request. Upon receipt of the copy of the criminal 479
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 480
shall submit the copy to the executive director of the Ohio peace 482
officer training commission. The executive director shall not 483
award any certificate prescribed in this section unless the 484
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 485
awarded.
(3) The executive director of the commission shall not 487
award a certificate prescribed in this section to a person who 488
has been convicted of or has pleaded guilty to a felony or who 489
fails to disclose any previous criminal conviction of or plea of 490
guilty to a felony as required under division (E)(1) of this 491
section.
(4) The executive director of the commission shall revoke 493
the certificate awarded to a person as prescribed in this 494
section, and that person shall forfeit all of the benefits 495
derived from being certified as a peace officer under this 496
section, if the person, prior to the award of the certificate, 497
failed to disclose any previous criminal conviction of or plea of 498
guilty to a felony as required under division (E)(1) of this 500
section.
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(F)(1) Regardless of whether the person has been awarded 502
the certificate or has been classified as a peace officer prior 503
to, on, or after the effective date of this amendment OCTOBER 16, 506
1996, the executive director of the Ohio peace officer training 507
commission shall revoke any certificate that has been awarded to 508
a person as prescribed in this section if the person does either 509
of the following:
(a) Pleads guilty to a felony committed on or after 511
January 1, 1997. 512
(b) Pleads guilty to a misdemeanor committed on or after 515
January 1, 1997, pursuant to a negotiated plea agreement as 516
provided in division (D) of section 2929.29 of the Revised Code 517
in which the person agrees to surrender the certificate awarded 519
to the person under this section. 520
(2) The executive director of the commission shall suspend 522
any certificate that has been awarded to a person as prescribed 523
in this section if the person is convicted, after trial, of a 524
felony committed on or after January 1, 1997. The executive 526
director shall suspend the certificate pursuant to division 527
(F)(2) of this section pending the outcome of an appeal by the 528
person from that conviction to the highest court to which the 530
appeal is taken or until the expiration of the period in which an 531
appeal is required to be filed. If the person files an appeal 532
that results in that person's acquittal of the felony or 533
conviction of a misdemeanor, or in the dismissal of the felony 534
charge against that person, the executive director shall 535
reinstate the certificate awarded to the person under this 536
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 538
highest court to which the appeal is taken or if the person does 539
not file a timely appeal, the executive director shall revoke the 540
certificate awarded to the person under this section. 541
(G)(1) If a person is awarded a certificate under this 544
section and the certificate is revoked pursuant to division
14
(E)(4) or (F) of this section, the person shall not be eligible 546
to receive, at any time, a certificate attesting to the person's 547
satisfactory completion of a peace officer basic training 548
program.
(2) The revocation or suspension of a certificate under 550
division (E)(4) or (F) of this section shall be in accordance 551
with Chapter 119. of the Revised Code. 552
(H)(1) A person who was employed as a peace officer of a 554
county, township, or municipal corporation of the state on 555
January 1, 1966, and who has completed at least sixteen years of 556
full-time active service as such a peace officer may receive an 557
original appointment on a permanent basis and serve as a peace 558
officer of a county, township, or municipal corporation, or as a 559
state university law enforcement officer, without complying with 560
the requirements of division (B) of this section. 561
(2) Any person who held an appointment as a state highway 563
trooper on January 1, 1966, may receive an original appointment 564
on a permanent basis and serve as a peace officer of a county, 565
township, or municipal corporation, or as a state university law 566
enforcement officer, without complying with the requirements of 567
division (B) of this section. 568
(I) No person who is appointed as a peace officer of a 570
county, township, or municipal corporation on or after April 9, 571
1985, shall serve as a peace officer of that county, township, or 572
municipal corporation unless the person has received training in 573
the handling of missing children and child abuse and neglect 574
cases from an approved state, county, township, or municipal 575
police officer basic training program or receives the training 576
within the time prescribed by rules adopted by the attorney 577
general pursuant to section 109.741 of the Revised Code. 578
(J) No part of any approved state, county, or municipal 580
basic training program for bailiffs and deputy bailiffs of courts 581
of record and no part of any approved state, county, or municipal 582
basic training program for criminal investigators employed by the 583
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state public defender shall be used as credit toward the 584
completion by a peace officer of any part of the approved state, 585
county, or municipal peace officer basic training program that 586
the peace officer is required by this section to complete 587
satisfactorily. 588
(K) This section does not apply to any member of the 590
police department of a municipal corporation in an adjoining 591
state serving in this state under a contract pursuant to section 592
737.04 of the Revised Code. 593
Sec. 109.78. (A) The executive director of the Ohio peace 603
officer training commission, on behalf of the commission and in 605
accordance with rules promulgated by the attorney general, shall 606
certify persons who have satisfactorily completed approved 607
training programs designed to qualify persons for positions as 608
special police, security guards, or persons otherwise privately 610
employed in a police capacity and issue appropriate certificates 611
to such persons. Application for approval of a training program 612
designed to qualify persons for such positions shall be made to 613
the commission. An application for approval shall be submitted 615
to the commission with a fee of one hundred twenty-five dollars, 617
which fee shall be refunded if the application is denied. Such 618
programs shall cover only duties and jurisdiction of such 619
security guards and special police privately employed in a police 621
capacity when such officers do not qualify for training under 622
section 109.71 of the Revised Code. A person attending an 623
approved basic training program administered by the state shall 624
pay to the agency administering the program the cost of the 625
person's participation in the program as determined by the 626
agency. A person attending an approved basic training program 627
administered by a county or municipal corporation shall pay the 628
cost of the person's participation in the program, as determined 630
by the administering subdivision, to the county or the municipal 631
corporation. A person who is issued a certificate for 632
satisfactory completion of an approved basic training program 633
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shall pay to the commission a fee of fifteen dollars. A 634
duplicate of a lost, spoliated, or destroyed certificate may be 636
issued upon application and payment of a fee of fifteen dollars. 637
Such certificate or the completion of twenty years of active duty 638
as a peace officer shall satisfy the educational requirements for 639
appointment or commission as a special police officer or special 641
deputy of a political subdivision of this state. 642
(B)(1) The executive director of the Ohio peace officer 644
training commission, on behalf of the commission and in 646
accordance with rules promulgated by the attorney general, shall 647
certify basic firearms training programs, and shall issue 648
certificates to class A, B, or C licensees or prospective class 649
A, B, or C licensees under Chapter 4749. of the Revised Code and 650
to registered or prospective employees of such class A, B, or C 651
licensees who have satisfactorily completed a basic firearms 652
training program of the type described in division (A)(1) of 653
section 4749.10 of the Revised Code. 654
Application for approval of a basic firearms training 656
program shall be made to the commission. An application shall be 658
submitted to the commission with a fee of one hundred dollars, 660
which fee shall be refunded if the application is denied. 661
A person who is issued a certificate for satisfactory 663
completion of an approved basic firearms training program shall 664
pay a fee of ten dollars to the commission. A duplicate of a 666
lost, spoliated, or destroyed certificate may be issued upon 667
application and payment of a fee of five dollars. 668
(2) The executive director, on behalf of the commission 670
and in accordance with rules promulgated by the attorney general, 672
also shall certify firearms requalification training programs and 673
instructors for the annual requalification of class A, B, or C 674
licensees under Chapter 4749. of the Revised Code and registered 675
or prospective employees of such class A, B, or C licensees who 676
are authorized to carry a firearm under section 4749.10 of the 677
Revised Code. Application for approval of a training program or 678
17
instructor for such purpose shall be made to the commission. 680
Such an application shall be submitted to the commission with a 682
fee of fifty dollars, which fee shall be refunded if the 683
application is denied. 684
(3) The executive director, upon request, also shall 686
review firearms training received within three years prior to 687
November 23, 1985, by any class A, B, or C licensee or 689
prospective class A, B, or C licensee, or by any registered of OR
prospective employee of any class A, B, or C licensee under 690
Chapter 4749. of the Revised Code to determine if the training 691
received is equivalent to a basic firearms training program that 692
includes twenty hours of handgun training and five hours of 693
training in the use of other firearms, if any other firearm is to 694
be used. If the executive director determines the training was 695
received within the three-year period and that it is equivalent 696
to such a program, the executive director shall issue written 697
evidence of approval of the equivalency training to the licensee 698
or employee. 699
(C) There is hereby established in the state treasury the 701
peace officer private security fund, which shall be used by the 702
Ohio peace officer training commission to administer the training 704
program to qualify persons for positions as special police, 706
security guards, or other private employment in a police 707
capacity, as described in division (A) of this section, and the 708
training program in basic firearms and the training program for 709
firearms requalification, both as described in division (B) of 710
this section. All fees paid to the commission by applicants for 712
approval of a training program designed to qualify persons for 713
such private police positions, basic firearms training program, 714
or a firearms requalification training program or instructor, as 715
required by division (A) or (B) of this section, by persons who 716
satisfactorily complete a private police training program or a 717
basic firearms training program, as required by division (A) or 718
(B) of this section, or by persons who satisfactorily requalify 719
18
in firearms use, as required by division (B)(2) of section 720
4749.10 of the Revised Code, shall be transmitted to the 721
treasurer of state for deposit in the fund. The fund shall be 722
used only for the purpose set forth in this division. 723
(D) No public or private educational institution, port 725
authority, or superintendent of the state highway patrol shall 726
employ a person as a special police officer, security guard, or 728
other position in which such person goes armed while on duty, who 730
has not received a certificate of having satisfactorily completed 731
an approved basic peace officer training program, unless the 732
person has completed twenty years of active duty as a peace 733
officer.
Sec. 349.01. As used in this chapter: 742
(A) "New community" means a community or an addition to an 744
existing community planned pursuant to this chapter so that it 745
includes facilities for the conduct of industrial, commercial, 746
residential, cultural, educational, and recreational activities, 747
and designed in accordance with planning concepts for the 748
placement of utility, open space, and other supportive 749
facilities. 750
(B) "New community development program" means a program 752
for the development of a new community characterized by 753
well-balanced and diversified land use patterns and which 754
includes land acquisition and land development, the acquisition, 755
construction, operation, and maintenance of community facilities, 757
and the provision of services authorized in sections 349.01 to 758
349.16 of the Revised Code. 759
(C) "New community district" means the area of land 761
described by the developer in the petition as set forth in 762
division (A) of section 349.03 of the Revised Code for 763
development as a new community and any lands added to such 764
district by amendment of the resolution establishing the 765
community authority. 766
(D) "New community authority" means a body corporate and 768
19
politic in this state, established pursuant to section 349.03 of 769
the Revised Code and governed by a board of trustees as provided 770
in section 349.04 of the Revised Code. 771
(E) "Developer" means any person, organized for carrying 773
out a new community development program and WHO owns or controls, 775
through leases of at least seventy-five years' duration, options, 776
or contracts to purchase, the land within a new community 777
district, or any municipality or, county which, OR PORT AUTHORITY 779
THAT owns the land within a new community district, or has the 780
ability to acquire such land, either by voluntary acquisition or 781
condemnation in order to eliminate slum, blighted, and 782
deteriorated or deteriorating areas and to prevent the recurrence 783
thereof.
(F) "Organizational board of commissioners" means, if the 785
new community district is located in only one county, the board 786
of county commissioners of such county; if located in more than 787
one county, a board consisting of the members of the board of 788
county commissioners of each of the counties in which the 789
district is located, provided that action of such board shall 790
require a majority vote of the members of each separate board of 791
county commissioners; or, if more than half of the new community 792
district is located within the boundaries of the most populous 793
municipal corporation of a county, the legislative authority of 794
the municipal corporation. 795
(G) "Land acquisition" means the acquisition of real 797
property and interests in real property as part of a new 798
community development program. 799
(H) "Land development" means the process of clearing and 801
grading land, making, installing, or constructing water 802
distribution systems, sewers, sewage collection systems, steam, 803
gas, and electric lines, roads, streets, curbs, gutters, 804
sidewalks, storm drainage facilities, and other installations or 805
work, whether within or without the new community district, and 806
the construction of community facilities. 807
20
(I) "Community facilities" means all real property, 809
buildings, structures, or other facilities, including related 810
fixtures, equipment, and furnishings, to be owned, operated, 811
financed, constructed, and maintained under this chapter, 812
including public, community, village, neighborhood, or town 813
buildings, centers and plazas, auditoriums, day care centers, 814
recreation halls, educational facilities, recreational 815
facilities, natural resource facilities, including parks and 816
other open space land, lakes and streams, cultural facilities, 817
community streets, pathway and bikeway systems, pedestrian 818
underpasses and overpasses, lighting facilities, design 819
amenities, or other community facilities, and buildings needed in 820
connection with water supply or sewage disposal installations or 821
steam, gas, or electric lines or installation. 822
(J) "Cost" as applied to a new community development 824
program means all costs related to land acquisition and land 825
development, the acquisition, construction, maintenance, and 826
operation of community facilities and offices of the community 827
authority, and of providing furnishings and equipment therefor, 828
financing charges including interest prior to and during 829
construction and for the duration of the new community 830
development program, planning expenses, engineering expenses, 831
administrative expenses including working capital, and all other 832
expenses necessary and incident to the carrying forward of the 833
new community development program. 834
(K) "Income source" means any and all sources of income to 836
the community authority, including community development charges 837
of which the new community authority is the beneficiary as 838
provided in section 349.07 of the Revised Code, rentals, user 839
fees and other charges received by the new community authority, 840
any gift or grant received, any moneys received from any funds 841
invested by or on behalf of the new community authority, and 842
proceeds from the sale or lease of land and community facilities. 843
(L) "Community development charge" means a dollar amount 845
21
which shall be determined on the basis of the assessed valuation 846
of real property or interests in real property in a new community 847
district sold, leased, or otherwise conveyed by the developer or 848
the new community authority, the income of the residents of such 849
property subject to such charge under section 349.07 of the 850
Revised Code, if such property is devoted to residential uses or 851
to the profits of any business, a uniform fee on each parcel of 852
such real property originally sold, leased, or otherwise conveyed 853
by the developer or new community authority, or any combination 854
of the foregoing bases. 855
(M) "Proximate city" means any city that, as of the date 857
of filing of the petition under section 349.03 of the Revised 858
Code, is the most populous city of the county in which the 859
proposed new community district is located, is the most populous 860
city of an adjoining county if any portion of such city is within 861
five miles of any part of the boundaries of such district, or 862
exercises extraterritorial subdivision authority under section 863
711.09 of the Revised Code with respect to any part of such 864
district. 865
Sec. 1724.11. (A) WHEN A COMMUNITY IMPROVEMENT 867
CORPORATION IS ACTING AS AN AGENT OF A POLITICAL SUBDIVISION 869
DESIGNATED PURSUANT TO SECTION 1724.10 OF THE REVISED CODE, BOTH 871
OF THE FOLLOWING APPLY: 872
(1) ANY FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING 875
TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN ENTITY TO THE 876
COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION WITH THE
RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF 877
THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE COMMUNITY 878
IMPROVEMENT CORPORATION, OR BY ANY POLITICAL SUBDIVISION FOR 879
WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS ACTING AS AGENT, 880
IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC RECORD SUBJECT TO 882
SECTION 149.43 OF THE REVISED CODE. 884
(2) ANY OTHER INFORMATION SUBMITTED BY OR ON BEHALF OF AN 887
ENTITY TO THE COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION
22
WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR 888
PRESERVATION OF THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE 889
COMMUNITY IMPROVEMENT CORPORATION, OR BY ANY POLITICAL 890
SUBDIVISION FOR WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS 891
ACTING AS AGENT, IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC 892
RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE, UNTIL THE 895
ENTITY COMMITS IN WRITING TO PROCEED WITH THE RELOCATION, 896
LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF ITS 897
BUSINESS.
(B)(1) WHEN THE BOARD OF TRUSTEES OF A COMMUNITY 900
IMPROVEMENT CORPORATION OR ANY COMMITTEE OR SUBCOMMITTEE OF SUCH 901
A BOARD MEETS TO CONSIDER INFORMATION THAT IS NOT A PUBLIC RECORD 902
PURSUANT TO DIVISION (A) OF THIS SECTION, THE BOARD, COMMITTEE, 904
OR SUBCOMMITTEE, BY UNANIMOUS VOTE OF ALL MEMBERS PRESENT, MAY 905
CLOSE THE MEETING DURING CONSIDERATION OF THE CONFIDENTIAL 906
INFORMATION. THE BOARD, COMMITTEE, OR SUBCOMMITTEE SHALL 907
CONSIDER NO OTHER INFORMATION DURING THE CLOSED SESSION. 908
(2) ANY MEETING AT WHICH A DECISION OR DETERMINATION OF 911
THE BOARD IS MADE IN CONNECTION WITH THE RELOCATION, LOCATION, 912
EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THE 913
ENTITY SHALL BE OPEN TO THE PUBLIC.
Sec. 2901.01. (A) As used in the Revised Code: 922
(1) "Force" means any violence, compulsion, or constraint 924
physically exerted by any means upon or against a person or 925
thing. 926
(2) "Deadly force" means any force that carries a 928
substantial risk that it will proximately result in the death of 929
any person. 930
(3) "Physical harm to persons" means any injury, illness, 932
or other physiological impairment, regardless of its gravity or 933
duration. 934
(4) "Physical harm to property" means any tangible or 936
intangible damage to property that, in any degree, results in 937
loss to its value or interferes with its use or enjoyment. 938
23
"Physical harm to property" does not include wear and tear 939
occasioned by normal use. 940
(5) "Serious physical harm to persons" means any of the 942
following: 943
(a) Any mental illness or condition of such gravity as 945
would normally require hospitalization or prolonged psychiatric 946
treatment; 947
(b) Any physical harm that carries a substantial risk of 949
death; 950
(c) Any physical harm that involves some permanent 952
incapacity, whether partial or total, or that involves some 953
temporary, substantial incapacity; 954
(d) Any physical harm that involves some permanent 956
disfigurement or that involves some temporary, serious 957
disfigurement; 958
(e) Any physical harm that involves acute pain of such 960
duration as to result in substantial suffering or that involves 961
any degree of prolonged or intractable pain. 962
(6) "Serious physical harm to property" means any physical 964
harm to property that does either of the following: 965
(a) Results in substantial loss to the value of the 967
property or requires a substantial amount of time, effort, or 968
money to repair or replace; 969
(b) Temporarily prevents the use or enjoyment of the 971
property or substantially interferes with its use or enjoyment 972
for an extended period of time. 973
(7) "Risk" means a significant possibility, as contrasted 975
with a remote possibility, that a certain result may occur or 976
that certain circumstances may exist. 977
(8) "Substantial risk" means a strong possibility, as 979
contrasted with a remote or significant possibility, that a 980
certain result may occur or that certain circumstances may exist. 981
(9) "Offense of violence" means any of the following: 983
(a) A violation of section 2903.01, 2903.02, 2903.03, 985
24
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 986
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 987
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 988
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 989
division (A)(1), (2), or (3) of section 2911.12 of the Revised 990
Code or felonious sexual penetration in violation of former 991
section 2907.12 of the Revised Code; 992
(b) A violation of an existing or former municipal 994
ordinance or law of this or any other state or the United States, 995
substantially equivalent to any section, division, or offense 997
listed in division (A)(9)(a) of this section; 998
(c) An offense, other than a traffic offense, under an 1,000
existing or former municipal ordinance or law of this or any 1,001
other state or the United States, committed purposely or 1,002
knowingly, and involving physical harm to persons or a risk of 1,003
serious physical harm to persons; 1,004
(d) A conspiracy or attempt to commit, or complicity in 1,006
committing, any offense under division (A)(9)(a), (b), or (c) of 1,008
this section.
(10)(a) "Property" means any property, real or personal, 1,011
tangible or intangible, and any interest or license in that 1,012
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service, 1,013
telecommunications devices, information service, computers, data, 1,014
computer software, financial instruments associated with 1,016
computers, other documents associated with computers, or copies 1,017
of the documents, whether in machine or human readable form, 1,018
trade secrets, trademarks, copyrights, patents, and property 1,019
protected by a trademark, copyright, or patent. "Financial 1,020
instruments associated with computers" include, but are not 1,021
limited to, checks, drafts, warrants, money orders, notes of 1,022
indebtedness, certificates of deposit, letters of credit, bills 1,023
of credit or debit cards, financial transaction authorization 1,024
mechanisms, marketable securities, or any computer system 1,025
25
representations of any of them. 1,026
(b) As used in division (A)(10) of this section, "trade 1,029
secret" has the same meaning as in section 1333.61 of the Revised 1,030
Code, and "telecommunications . service" and "information 1,031
service" have the same meanings as in section 2913.01 of the 1,033
Revised Code.
(c) As used in divisions (A)(10) and (13) of this section, 1,036
"cable television service," "computer," "computer software," 1,037
"computer system," "computer network," "data," and 1,038
"telecommunications device" have the same meanings as in section 1,039
2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 1,041
(a) A sheriff, deputy sheriff, constable, police officer 1,043
of a township or joint township police district, marshal, deputy 1,044
marshal, municipal police officer, member of a police force 1,045
employed by a metropolitan housing authority under division (D) 1,046
of section 3735.31 of the Revised Code, or state highway patrol 1,047
trooper; 1,048
(b) An officer, agent, or employee of the state or any of 1,050
its agencies, instrumentalities, or political subdivisions, upon 1,051
whom, by statute, a duty to conserve the peace or to enforce all 1,052
or certain laws is imposed and the authority to arrest violators 1,053
is conferred, within the limits of that statutory duty and 1,054
authority; 1,055
(c) A mayor, in the mayor's capacity as chief conservator 1,057
of the peace within the mayor's municipal corporation; 1,058
(d) A member of an auxiliary police force organized by 1,060
county, township, or municipal law enforcement authorities, 1,061
within the scope of the member's appointment or commission; 1,062
(e) A person lawfully called pursuant to section 311.07 of 1,064
the Revised Code to aid a sheriff in keeping the peace, for the 1,065
purposes and during the time when the person is called; 1,066
(f) A person appointed by a mayor pursuant to section 1,068
737.01 of the Revised Code as a special patrolling officer during 1,070
26
riot or emergency, for the purposes and during the time when the 1,071
person is appointed;
(g) A member of the organized militia of this state or the 1,073
armed forces of the United States, lawfully called to duty to aid 1,074
civil authorities in keeping the peace or protect against 1,075
domestic violence; 1,076
(h) A prosecuting attorney, assistant prosecuting 1,078
attorney, secret service officer, or municipal prosecutor; 1,079
(i) An Ohio veterans' home police officer appointed under 1,081
section 5907.02 of the Revised Code; 1,082
(j) A member of a police force employed by a regional 1,084
transit authority under division (Y) of section 306.35 of the 1,085
Revised Code; 1,086
(k) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 1,088
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE. 1,089
(12) "Privilege" means an immunity, license, or right 1,091
conferred by law, bestowed by express or implied grant, arising 1,093
out of status, position, office, or relationship, or growing out 1,094
of necessity.
(13) "Contraband" means any property described in the 1,096
following categories: 1,097
(a) Property that in and of itself is unlawful for a 1,099
person to acquire or possess; 1,100
(b) Property that is not in and of itself unlawful for a 1,102
person to acquire or possess, but that has been determined by a 1,103
court of this state, in accordance with law, to be contraband 1,104
because of its use in an unlawful activity or manner, of its 1,105
nature, or of the circumstances of the person who acquires or 1,106
possesses it, including, but not limited to, goods and personal 1,107
property described in division (D) of section 2913.34 of the 1,108
Revised Code;
(c) Property that is specifically stated to be contraband 1,110
by a section of the Revised Code or by an ordinance, regulation, 1,111
or resolution; 1,112
27
(d) Property that is forfeitable pursuant to a section of 1,114
the Revised Code, or an ordinance, regulation, or resolution, 1,115
including, but not limited to, forfeitable firearms, dangerous 1,116
ordnance, obscene materials, and goods and personal property 1,118
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 1,120
3719.01 of the Revised Code, or any device, paraphernalia, money 1,121
as defined in section 1301.01 of the Revised Code, or other means 1,122
of exchange that has been, is being, or is intended to be used in 1,123
an attempt or conspiracy to violate, or in a violation of, 1,124
Chapter 2925. or 3719. of the Revised Code; 1,125
(f) Any gambling device, paraphernalia, money as defined 1,127
in section 1301.01 of the Revised Code, or other means of 1,128
exchange that has been, is being, or is intended to be used in an 1,129
attempt or conspiracy to violate, or in the violation of, Chapter 1,130
2915. of the Revised Code; 1,131
(g) Any equipment, machine, device, apparatus, vehicle, 1,133
vessel, container, liquid, or substance that has been, is being, 1,134
or is intended to be used in an attempt or conspiracy to violate, 1,135
or in the violation of, any law of this state relating to alcohol 1,136
or tobacco; 1,137
(h) Any personal property that has been, is being, or is 1,139
intended to be used in an attempt or conspiracy to commit, or in 1,140
the commission of, any offense or in the transportation of the 1,141
fruits of any offense; 1,142
(i) Any property that is acquired through the sale or 1,144
other transfer of contraband or through the proceeds of 1,145
contraband, other than by a court or a law enforcement agency 1,146
acting within the scope of its duties; 1,147
(j) Any computer, computer system, computer network, 1,149
computer software, or other telecommunications device that is 1,150
used in a conspiracy to commit, an attempt to commit, or the 1,152
commission of any offense, if the owner of the computer, computer 1,153
system, computer network, computer software, or other 1,154
28
telecommunications device is convicted of or pleads guilty to the 1,155
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 1,157
relative to a charge of an offense only if the person proves, in 1,158
the manner specified in section 2901.05 of the Revised Code, that 1,159
at the time of the commission of the offense, the person did not 1,160
know, as a result of a severe mental disease or defect, the 1,161
wrongfulness of the person's acts. 1,162
(B)(1)(a) Subject to division (B)(2) of this section, as 1,165
used in any section contained in Title XXIX of the Revised Code 1,166
that sets forth a criminal offense, "person" includes all of the 1,167
following:
(i) An individual, corporation, business trust, estate, 1,169
trust, partnership, and association; 1,170
(ii) An unborn human who is viable. 1,172
(b) As used in any section contained in Title XXIX of the 1,175
Revised Code that does not set forth a criminal offense, "person" 1,176
includes an individual, corporation, business trust, estate, 1,177
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 1,179
(i) "Unborn human" means an individual organism of the 1,181
species homo sapiens from fertilization until live birth. 1,182
(ii) "Viable" means the stage of development of a human 1,185
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 1,186
temporary artificial life-sustaining support. 1,187
(2) Notwithstanding division (B)(1)(a) of this section, in 1,189
no case shall the portion of the definition of the term "person" 1,190
that is set forth in division (B)(1)(a)(ii) of this section be 1,191
applied or construed in any section contained in Title XXIX of 1,192
the Revised Code that sets forth a criminal offense in any of the 1,193
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 1,195
this section, in a manner so that the offense prohibits or is 1,196
29
construed as prohibiting any pregnant woman or her physician from 1,197
performing an abortion with the consent of the pregnant woman, 1,198
with the consent of the pregnant woman implied by law in a 1,199
medical emergency, or with the approval of one otherwise 1,200
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 1,201
described in the immediately preceding sentence may be punished 1,202
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 1,203
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 1,204
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 1,205
An abortion that does not violate the conditions described in the 1,206
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 1,207
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 1,208
as a violation of section 2919.12, division (B) of section 1,209
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 1,210
Code, as applicable. Consent is sufficient under this division 1,211
if it is of the type otherwise adequate to permit medical 1,212
treatment to the pregnant woman, even if it does not comply with 1,213
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 1,216
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 1,217
results in any of the following: 1,218
(i) Her delivery of a stillborn baby; 1,220
(ii) Her causing, in any other manner, the death in utero 1,223
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 1,226
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 1,227
(iv) Her causing her child who is born alive to sustain 1,230
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 1,233
cause, in any other manner, an injury, illness, or other
30
physiological impairment, regardless of its duration or gravity, 1,234
or a mental illness or condition, regardless of its duration or 1,235
gravity, to a viable, unborn human that she is carrying. 1,236
Sec. 2921.51. (A) As used in this section: 1,245
(1) "Peace officer" means a sheriff, deputy sheriff, 1,247
marshal, deputy marshal, member of the organized police 1,248
department of a municipal corporation, or township constable, who 1,249
is employed by a political subdivision of this state, a member of 1,250
a police force employed by a metropolitan housing authority under 1,251
division (D) of section 3735.31 of the Revised Code, a member of 1,253
a police force employed by a regional transit authority under
division (Y) of section 306.35 of the Revised Code, a state 1,254
university law enforcement officer appointed under section 1,255
3345.04 of the Revised Code, an Ohio veterans' home policeman 1,256
POLICE OFFICER appointed under section 5907.02 of the Revised 1,257
Code, A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER 1,258
SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, or a state 1,259
highway patrol trooper and whose primary duties are to preserve 1,260
the peace, to protect life and property, and to enforce the laws, 1,261
ordinances, or rules of the state or any of its political 1,262
subdivisions. 1,263
(2) "Private policeman POLICE OFFICER" means any security 1,265
guard, special policeman POLICE OFFICER, private detective, or 1,267
other person who is privately employed in a police capacity. 1,269
(3) "Impersonate" means to act the part of, assume the 1,271
identity of, wear the uniform or any part of the uniform of, or 1,272
display the identification of a particular person or of a member 1,273
of a class of persons with purpose to make another person believe 1,274
that the actor is that particular person or is a member of that 1,275
class of persons. 1,276
(B) No person shall impersonate a peace officer or a 1,278
private policeman POLICE OFFICER. 1,279
(C) No person, by impersonating a peace officer or a 1,281
private policeman POLICE OFFICER, shall arrest or detain any 1,282
31
person, search any person, or search the property of any person. 1,283
(D) No person, with purpose to commit or facilitate the 1,285
commission of an offense, shall impersonate a peace officer, a 1,286
private policeman POLICE OFFICER, or an officer, agent, or 1,287
employee of the state. 1,288
(E) No person shall commit a felony while impersonating a 1,290
peace officer, a private policeman POLICE OFFICER, or an officer, 1,291
agent, or employee of the state. 1,292
(F) It is an affirmative defense to a charge under 1,294
division (B) of this section that the impersonation of the peace 1,295
officer was for a lawful purpose. 1,296
(G) Whoever violates division (B) of this section is 1,298
guilty of a misdemeanor of the fourth degree. Whoever violates 1,299
division (C) or (D) of this section is guilty of a misdemeanor of 1,300
the first degree. If the purpose of a violation of division (D) 1,301
of this section is to commit or facilitate the commission of a 1,302
felony, a violation of division (D) is a felony of the fourth 1,304
degree. Whoever violates division (E) of this section is guilty
of a felony of the third degree. 1,305
Sec. 2935.01. As used in this chapter: 1,314
(A) "Magistrate" has the same meaning as in section 1,316
2931.01 of the Revised Code. 1,317
(B) "Peace officer" includes, except as provided in 1,319
section 2935.081 of the Revised Code, a sheriff; deputy sheriff; 1,321
marshal; deputy marshal; member of the organized police 1,323
department of any municipal corporation, including a member of 1,324
the organized police department of a municipal corporation in an 1,325
adjoining state serving in Ohio under a contract pursuant to 1,326
section 737.04 of the Revised Code; member of a police force 1,327
employed by a metropolitan housing authority under division (D) 1,328
of section 3735.31 of the Revised Code; member of a police force 1,330
employed by a regional transit authority under division (Y) of 1,331
section 306.05 of the Revised Code; state university law 1,332
enforcement officer appointed under section 3345.04 of the 1,333
32
Revised Code; liquor control investigator or food stamp 1,334
trafficking agent of the department of public safety; employee of 1,336
the department of natural resources who is a natural resources 1,337
law enforcement staff officer designated pursuant to section 1,338
1501.013 of the Revised Code, a forest officer designated
pursuant to section 1503.29 of the Revised Code, a preserve 1,340
officer designated pursuant to section 1517.10 of the Revised 1,341
Code, a wildlife officer designated pursuant to section 1531.13 1,342
of the Revised Code, a park officer designated pursuant to
section 1541.10 of the Revised Code, or a state watercraft 1,345
officer designated pursuant to section 1547.521 of the Revised 1,346
Code; individual designated to perform law enforcement duties 1,347
under section 511.232, 1545.13, or 6101.75 of the Revised Code; 1,348
Ohio veterans' home police officer appointed under section 1,350
5907.02 of the Revised Code; SPECIAL POLICE OFFICER EMPLOYED BY A 1,351
PORT AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED 1,352
CODE; police constable of any township; and police officer of a 1,354
township or joint township police district; and, for the purpose 1,355
of arrests within those areas, and for the purposes of Chapter 1,356
5503. of the Revised Code, and the filing of and service of 1,357
process relating to those offenses witnessed or investigated by 1,358
them, includes the superintendent and troopers of the state 1,359
highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney 1,361
and any assistant prosecutor designated to assist the county 1,362
prosecuting attorney, and, in the case of courts inferior to 1,364
courts of common pleas, includes the village solicitor, city 1,365
director of law, or similar chief legal officer of a municipal 1,366
corporation, any such officer's assistants, or any attorney 1,367
designated by the prosecuting attorney of the county to appear 1,369
for the prosecution of a given case.
(D) "Offense," except where the context specifically 1,371
indicates otherwise, includes felonies, misdemeanors, and 1,372
violations of ordinances of municipal corporations and other 1,373
33
public bodies authorized by law to adopt penal regulations. 1,374
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, 1,384
deputy marshal, municipal police officer, township constable, 1,385
police officer of a township or joint township police district, 1,386
member of a police force employed by a metropolitan housing 1,387
authority under division (D) of section 3735.31 of the Revised 1,388
Code, member of a police force employed by a regional transit 1,389
authority under division (Y) of section 306.35 of the Revised 1,390
Code, state university law enforcement officer appointed under 1,392
section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised 1,393
Code, OR SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY 1,394
UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE shall arrest 1,396
and detain, until a warrant can be obtained, a person found 1,397
violating, within the limits of the political subdivision, 1,398
metropolitan housing authority housing project, regional transit 1,399
authority facilities or areas of a municipal corporation that
have been agreed to by a regional transit authority and a 1,400
municipal corporation located within its territorial 1,401
jurisdiction, college, university, or Ohio veterans' home, OR 1,403
PORT AUTHORITY in which the peace officer is appointed, employed, 1,405
or elected, a law of this state, an ordinance of a municipal 1,406
corporation, or a resolution of a township. 1,407
(2) A peace officer of the department of natural resources 1,410
or an individual designated to perform law enforcement duties 1,411
under section 511.232, 1545.13, or 6101.75 of the Revised Code 1,413
shall arrest and detain, until a warrant can be obtained, a 1,414
person found violating, within the limits of the peace officer's 1,415
or individual's territorial jurisdiction, a law of this state. 1,416
(B)(1) When there is reasonable ground to believe that an 1,418
offense of violence, the offense of criminal child enticement as 1,419
defined in section 2905.05 of the Revised Code, the offense of 1,420
public indecency as defined in section 2907.09 of the Revised 1,421
Code, the offense of domestic violence as defined in section 1,422
34
2919.25 of the Revised Code, the offense of violating a 1,423
protection order as defined in section 2919.27 of the Revised 1,424
Code, the offense of menacing by stalking as defined in section 1,426
2903.211 of the Revised Code, the offense of aggravated trespass 1,427
as defined in section 2911.211 of the Revised Code, a theft 1,428
offense as defined in section 2913.01 of the Revised Code, or a 1,429
felony drug abuse offense as defined in section 2925.01 of the 1,430
Revised Code, has been committed within the limits of the 1,431
political subdivision, metropolitan housing authority housing 1,432
project, regional transit authority facilities or those areas of 1,434
a municipal corporation that have been agreed to by a regional 1,436
transit authority and a municipal corporation located within its 1,437
territorial jurisdiction, college, university, or Ohio veterans' 1,438
home, OR PORT AUTHORITY in which the peace officer is appointed, 1,439
employed, or elected or within the limits of the territorial 1,440
jurisdiction of the peace officer, a peace officer described in 1,441
division (A) of this section may arrest and detain until a 1,442
warrant can be obtained any person who the peace officer has 1,444
reasonable cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the 1,446
execution of any of the following constitutes reasonable ground 1,447
to believe that the offense alleged in the statement was 1,448
committed and reasonable cause to believe that the person alleged 1,449
in the statement to have committed the offense is guilty of the 1,450
violation: 1,451
(a) A written statement by a person alleging that an 1,453
alleged offender has committed the offense of menacing by 1,454
stalking or aggravated trespass; 1,455
(b) A written statement by the administrator of the 1,457
interstate compact on mental health appointed under section 1,458
5119.51 of the Revised Code alleging that a person who had been 1,459
hospitalized, institutionalized, or confined in any facility 1,460
under an order made pursuant to or under authority of section 1,461
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 1,463
35
2945.402 of the Revised Code has escaped from the facility, from 1,464
confinement in a vehicle for transportation to or from the 1,465
facility, or from supervision by an employee of the facility that 1,466
is incidental to hospitalization, institutionalization, or 1,467
confinement in the facility and that occurs outside of the 1,468
facility, in violation of section 2921.34 of the Revised Code; 1,469
(c) A written statement by the administrator of any 1,472
facility in which a person has been hospitalized, 1,473
institutionalized, or confined under an order made pursuant to or 1,474
under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 1,475
2945.40, 2945.401, or 2945.402 of the Revised Code alleging that 1,476
the person has escaped from the facility, from confinement in a 1,477
vehicle for transportation to or from the facility, or from 1,478
supervision by an employee of the facility that is incidental to 1,479
hospitalization, institutionalization, or confinement in the 1,480
facility and that occurs outside of the facility, in violation of 1,481
section 2921.34 of the Revised Code. 1,482
(3)(a) For purposes of division (B)(1) of this section, a 1,485
peace officer described in division (A) of this section has 1,486
reasonable grounds to believe that the offense of domestic 1,487
violence or the offense of violating a protection order has been 1,488
committed and reasonable cause to believe that a particular 1,490
person is guilty of committing the offense if any of the 1,491
following occurs:
(i) A person executes a written statement alleging that 1,494
the person in question has committed the offense of domestic 1,495
violence or the offense of violating a protection order against 1,496
the person who executes the statement or against a child of the 1,497
person who executes the statement. 1,498
(ii) No written statement of the type described in 1,501
division (B)(3)(a)(i) of this section is executed, but the peace 1,502
officer, based upon the peace officer's own knowledge and 1,503
observation of the facts and circumstances of the alleged 1,504
incident of the offense of domestic violence or the alleged 1,505
36
incident of the offense of violating a protection order or based 1,506
upon any other information, including, but not limited to, any 1,507
reasonably trustworthy information given to the peace officer by 1,508
the alleged victim of the alleged incident of the offense or any 1,509
witness of the alleged incident of the offense, concludes that 1,510
there are reasonable grounds to believe that the offense of 1,511
domestic violence or the offense of violating a protection order 1,512
has been committed and reasonable cause to believe that the 1,513
person in question is guilty of committing the offense. 1,514
(iii) No written statement of the type described in 1,517
division (B)(3)(a)(i) of this section is executed, but the peace 1,518
officer witnessed the person in question commit the offense of 1,519
domestic violence or the offense of violating a protection order. 1,520
(b) If pursuant to division (B)(3)(a) of this section a 1,523
peace officer has reasonable grounds to believe that the offense 1,524
of domestic violence or the offense of violating a protection 1,525
order has been committed and reasonable cause to believe that a 1,527
particular person is guilty of committing the offense, it is the 1,528
preferred course of action in this state that the officer arrest 1,529
and detain that person pursuant to division (B)(1) of this 1,530
section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace 1,533
officer has reasonable grounds to believe that the offense of 1,534
domestic violence or the offense of violating a protection order 1,535
has been committed and reasonable cause to believe that family or 1,536
household members have committed the offense against each other, 1,537
it is the preferred course of action in this state that the 1,538
officer, pursuant to division (B)(1) of this section, arrest and 1,540
detain until a warrant can be obtained the family or household 1,541
member who committed the offense and whom the officer has 1,542
reasonable cause to believe is the primary physical aggressor. 1,543
There is no preferred course of action in this state regarding 1,544
any other family or household member who committed the offense 1,545
and whom the officer does not have reasonable cause to believe is 1,546
37
the primary physical aggressor, but, pursuant to division (B)(1) 1,547
of this section, the peace officer may arrest and detain until a 1,548
warrant can be obtained any other family or household member who 1,549
committed the offense and whom the officer does not have 1,550
reasonable cause to believe is the primary physical aggressor. 1,551
(c) If a peace officer described in division (A) of this 1,554
section does not arrest and detain a person whom the officer has 1,555
reasonable cause to believe committed the offense of domestic 1,556
violence or the offense of violating a protection order when it 1,557
is the preferred course of action in this state pursuant to 1,558
division (B)(3)(b) of this section that the officer arrest that 1,560
person, the officer shall articulate in the written report of the 1,561
incident required by section 2935.032 of the Revised Code a clear 1,562
statement of the officer's reasons for not arresting and 1,563
detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (B)(3)(b) of 1,566
this section which family or household member is the primary 1,567
physical aggressor in a situation in which family or household 1,568
members have committed the offense of domestic violence or the 1,569
offense of violating a protection order against each other, a 1,570
peace officer described in division (A) of this section, in 1,571
addition to any other relevant circumstances, should consider all 1,572
of the following: 1,573
(i) Any history of domestic violence or of any other 1,576
violent acts by either person involved in the alleged offense 1,577
that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence 1,580
was caused by a person acting in self-defense; 1,581
(iii) Each person's fear of physical harm, if any, 1,584
resulting from the other person's threatened use of force against 1,585
any person or resulting from the other person's use or history of 1,586
the use of force against any person, and the reasonableness of 1,587
that fear;
(iv) The comparative severity of any injuries suffered by 1,590
38
the persons involved in the alleged offense.
(e)(i) A peace officer described in division (A) of this 1,593
section shall not require, as a prerequisite to arresting or 1,594
charging a person who has committed the offense of domestic 1,595
violence or the offense of violating a protection order, that the 1,596
victim of the offense specifically consent to the filing of 1,597
charges against the person who has committed the offense or sign 1,598
a complaint against the person who has committed the offense. 1,599
(ii) If a person is arrested for or charged with 1,602
committing the offense of domestic violence or the offense of 1,603
violating a protection order and if the victim of the offense 1,604
does not cooperate with the involved law enforcement or 1,605
prosecuting authorities in the prosecution of the offense or, 1,606
subsequent to the arrest or the filing of the charges, informs 1,607
the involved law enforcement or prosecuting authorities that the 1,608
victim does not wish the prosecution of the offense to continue 1,609
or wishes to drop charges against the alleged offender relative 1,610
to the offense, the involved prosecuting authorities, in 1,611
determining whether to continue with the prosecution of the 1,612
offense or whether to dismiss charges against the alleged 1,613
offender relative to the offense and notwithstanding the victim's 1,614
failure to cooperate or the victim's wishes, shall consider all 1,615
facts and circumstances that are relevant to the offense, 1,616
including, but not limited to, the statements and observations of 1,617
the peace officers who responded to the incident that resulted in 1,618
the arrest or filing of the charges and of all witnesses to that 1,619
incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) 1,621
of this section whether to arrest a person pursuant to division 1,622
(B)(1) of this section, a peace officer described in division (A) 1,624
of this section shall not consider as a factor any possible 1,625
shortage of cell space at the detention facility to which the 1,626
person will be taken subsequent to the person's arrest or any 1,627
possibility that the person's arrest might cause, contribute to,
39
or exacerbate overcrowding at that detention facility or at any 1,628
other detention facility. 1,629
(g) If a peace officer described in division (A) of this 1,632
section intends pursuant to divisions (B)(3)(a) to (g) of this 1,634
section to arrest a person pursuant to division (B)(1) of this 1,635
section and if the officer is unable to do so because the person 1,637
is not present, the officer promptly shall seek a warrant for the 1,638
arrest of the person.
(h) If a peace officer described in division (A) of this 1,641
section responds to a report of an alleged incident of the 1,642
offense of domestic violence or an alleged incident of the 1,643
offense of violating a protection order and if the circumstances 1,644
of the incident involved the use or threatened use of a deadly 1,646
weapon or any person involved in the incident brandished a deadly 1,647
weapon during or in relation to the incident, the deadly weapon 1,648
that was used, threatened to be used, or brandished constitutes 1,649
contraband, and, to the extent possible, the officer shall seize 1,650
the deadly weapon as contraband pursuant to section 2933.43 of 1,651
the Revised Code. Upon the seizure of a deadly weapon pursuant 1,652
to division (B)(3)(h) of this section, section 2933.43 of the 1,654
Revised Code shall apply regarding the treatment and disposition 1,655
of the deadly weapon. For purposes of that section, the 1,656
"underlying criminal offense" that was the basis of the seizure 1,658
of a deadly weapon under division (B)(3)(h) of this section and 1,659
to which the deadly weapon had a relationship is any of the 1,660
following that is applicable: 1,661
(i) The alleged incident of the offense of domestic 1,664
violence or the alleged incident of the offense of violating a 1,665
protection order to which the officer who seized the deadly 1,666
weapon responded;
(ii) Any offense that arose out of the same facts and 1,669
circumstances as the report of the alleged incident of the 1,670
offense of domestic violence or the alleged incident of the
offense of violating a protection order to which the officer who 1,672
40
seized the deadly weapon responded.
(4) If, in the circumstances described in divisions 1,674
(B)(3)(a) to (g) of this section, a peace officer described in 1,675
division (A) of this section arrests and detains a person 1,676
pursuant to division (B)(1) of this section, or if, pursuant to 1,678
division (B)(3)(h) of this section, a peace officer described in 1,679
division (A) of this section seizes a deadly weapon, the officer, 1,680
to the extent described in and in accordance with section 9.86 or 1,681
2744.03 of the Revised Code, is immune in any civil action for 1,683
damages for injury, death, or loss to person or property that
arises from or is related to the arrest and detention or the 1,684
seizure. 1,685
(C) When there is reasonable ground to believe that a 1,687
violation of division (A), (B), or (C) of section 4506.15 or a 1,688
violation of section 4511.19 of the Revised Code has been 1,689
committed by a person operating a motor vehicle subject to 1,690
regulation by the public utilities commission of Ohio under Title 1,691
XLIX of the Revised Code, a peace officer with authority to 1,692
enforce that provision of law may stop or detain the person whom 1,693
the officer has reasonable cause to believe was operating the 1,694
motor vehicle in violation of the division or section and, after 1,695
investigating the circumstances surrounding the operation of the 1,696
vehicle, may arrest and detain the person. 1,697
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, 1,699
municipal police officer, member of a police force employed by a 1,700
metropolitan housing authority under division (D) of section 1,701
3735.31 of the Revised Code, member of a police force employed by 1,702
a regional transit authority under division (Y) of section 306.35 1,703
of the Revised Code, SPECIAL POLICE OFFICER EMPLOYED BY A PORT 1,704
AUTHORITY UNDER SECTION 4582.04 OR 4582.28 OF THE REVISED CODE, 1,705
township constable, police officer of a township or joint 1,706
township police district, state university law enforcement 1,707
officer appointed under section 3345.04 of the Revised Code, 1,708
peace officer of the department of natural resources, or 1,709
41
individual designated to perform law enforcement duties under
section 511.232, 1545.13, or 6101.75 of the Revised Code is 1,710
authorized by division (A) or (B) of this section to arrest and 1,713
detain, within the limits of the political subdivision, 1,714
metropolitan housing authority housing project, regional transit 1,715
authority facilities or those areas of a municipal corporation 1,716
that have been agreed to by a regional transit authority and a
municipal corporation located within its territorial 1,717
jurisdiction, PORT AUTHORITY, college, or university in which the 1,718
officer is appointed, employed, or elected or within the limits 1,720
of the territorial jurisdiction of the peace officer, a person 1,721
until a warrant can be obtained, the peace officer, outside the 1,722
limits of that territory, may pursue, arrest, and detain that 1,723
person until a warrant can be obtained if all of the following 1,725
apply:
(1) The pursuit takes place without unreasonable delay 1,727
after the offense is committed; 1,728
(2) The pursuit is initiated within the limits of the 1,730
political subdivision, metropolitan housing authority housing 1,731
project, regional transit authority facilities or those areas of 1,732
a municipal corporation that have been agreed to by a regional 1,733
transit authority and a municipal corporation located within its 1,734
territorial jurisdiction, PORT AUTHORITY, college, or university 1,735
in which the peace officer is appointed, employed, or elected or 1,737
within the limits of the territorial jurisdiction of the peace 1,738
officer;
(3) The offense involved is a felony, a misdemeanor of the 1,740
first degree or a substantially equivalent municipal ordinance, a 1,741
misdemeanor of the second degree or a substantially equivalent 1,742
municipal ordinance, or any offense for which points are 1,743
chargeable pursuant to division (G) of section 4507.021 of the 1,744
Revised Code. 1,745
(E) In addition to the authority granted under division 1,747
(A) or (B) of this section: 1,748
42
(1) A sheriff or deputy sheriff may arrest and detain, 1,750
until a warrant can be obtained, any person found violating 1,751
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 1,752
4549.12, section 4549.62, or Chapter 4511. or 4513. of the 1,753
Revised Code on the portion of any street or highway that is 1,754
located immediately adjacent to the boundaries of the county in 1,755
which the sheriff or deputy sheriff is elected or appointed. 1,756
(2) A member of the police force of a township police 1,758
district created under section 505.48 of the Revised Code, a 1,759
member of the police force of a joint township police district 1,760
created under section 505.481 of the Revised Code, or a township 1,762
constable appointed in accordance with section 509.01 of the 1,763
Revised Code, who has received a certificate from the Ohio peace 1,764
officer training commission under section 109.75 of the Revised 1,765
Code, may arrest and detain, until a warrant can be obtained, any 1,766
person found violating any section or chapter of the Revised Code 1,767
listed in division (E)(1) of this section, other than sections 1,768
4513.33 and 4513.34 of the Revised Code, on the portion of any 1,769
street or highway that is located immediately adjacent to the 1,770
boundaries of the township police district or joint township 1,771
police district, in the case of a member of a township police 1,772
district or joint township police district police force, or the 1,773
unincorporated territory of the township, in the case of a 1,774
township constable. However, if the population of the township 1,775
that created the township police district served by the member's 1,776
police force, or the townships that created the joint township 1,777
police district served by the member's police force, or the 1,778
township that is served by the township constable, is sixty 1,779
thousand or less, the member of the township police district or 1,780
joint police district police force or the township constable may 1,781
not make an arrest under division (E)(2) of this section on a 1,783
state highway that is included as part of the interstate system. 1,784
(3) A police officer or village marshal appointed, 1,786
elected, or employed by a municipal corporation may arrest and 1,787
43
detain, until a warrant can be obtained, any person found 1,788
violating any section or chapter of the Revised Code listed in 1,789
division (E)(1) of this section on the portion of any street or 1,790
highway that is located immediately adjacent to the boundaries of 1,791
the municipal corporation in which the police officer or village 1,792
marshal is appointed, elected, or employed. 1,793
(4) A peace officer of the department of natural resources 1,796
or an individual designated to perform law enforcement duties 1,797
under section 511.232, 1545.13, or 6101.75 of the Revised Code 1,799
may arrest and detain, until a warrant can be obtained, any 1,800
person found violating any section or chapter of the Revised Code 1,802
listed in division (E)(1) of this section, other than sections 1,804
4513.33 and 4513.34 of the Revised Code, on the portion of any 1,806
street or highway that is located immediately adjacent to the 1,807
boundaries of the lands and waters that constitute the 1,808
territorial jurisdiction of the peace officer. 1,809
(F)(1) A department of mental health special police 1,811
officer or a department of mental retardation and developmental 1,812
disabilities special police officer may arrest without a warrant 1,813
and detain until a warrant can be obtained any person found 1,814
committing on the premises of any institution under the 1,815
jurisdiction of the particular department a misdemeanor under a 1,816
law of the state.
A department of mental health special police officer or a 1,818
department of mental retardation and developmental disabilities 1,819
special police officer may arrest without a warrant and detain 1,820
until a warrant can be obtained any person who has been 1,821
hospitalized, institutionalized, or confined in an institution 1,822
under the jurisdiction of the particular department pursuant to 1,823
or under authority of section 2945.37, 2945.371, 2945.38, 1,824
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and 1,826
who is found committing on the premises of any institution under 1,827
the jurisdiction of the particular department a violation of 1,828
section 2921.34 of the Revised Code that involves an escape from 1,829
44
the premises of the institution. 1,830
(2)(a) If a department of mental health special police 1,832
officer or a department of mental retardation and developmental 1,833
disabilities special police officer finds any person who has been 1,834
hospitalized, institutionalized, or confined in an institution 1,835
under the jurisdiction of the particular department pursuant to 1,836
or under authority of section 2945.37, 2945.371, 2945.38, 1,837
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code 1,839
committing a violation of section 2921.34 of the Revised Code 1,840
that involves an escape from the premises of the institution, or 1,841
if there is reasonable ground to believe that a violation of 1,842
section 2921.34 of the Revised Code has been committed that 1,843
involves an escape from the premises of an institution under the 1,844
jurisdiction of the department of mental health or the department 1,845
of mental retardation and developmental disabilities and if a 1,846
department of mental health special police officer or a 1,847
department of mental retardation and developmental disabilities 1,848
special police officer has reasonable cause to believe that a 1,849
particular person who has been hospitalized, institutionalized, 1,850
or confined in the institution pursuant to or under authority of 1,851
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 1,852
or 2945.402 of the Revised Code is guilty of the violation, the 1,853
special police officer, outside of the premises of the 1,854
institution, may pursue, arrest, and detain that person for that 1,855
violation of section 2921.34 of the Revised Code, until a warrant 1,856
can be obtained, if both of the following apply: 1,857
(i) The pursuit takes place without unreasonable delay 1,859
after the offense is committed; 1,860
(ii) The pursuit is initiated within the premises of the 1,862
institution from which the violation of section 2921.34 of the 1,863
Revised Code occurred. 1,864
(b) For purposes of division (F)(2)(a) of this section, 1,866
the execution of a written statement by the administrator of the 1,867
institution in which a person had been hospitalized, 1,868
45
institutionalized, or confined pursuant to or under authority of 1,869
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 1,871
or 2945.402 of the Revised Code alleging that the person has 1,872
escaped from the premises of the institution in violation of 1,873
section 2921.34 of the Revised Code constitutes reasonable ground 1,874
to believe that the violation was committed and reasonable cause 1,875
to believe that the person alleged in the statement to have 1,876
committed the offense is guilty of the violation. 1,877
(G) As used in this section: 1,879
(1) A "department of mental health special police officer" 1,881
means a special police officer of the department of mental health 1,882
designated under section 5119.14 of the Revised Code who is 1,883
certified by the Ohio peace officer training commission under 1,884
section 109.77 of the Revised Code as having successfully 1,885
completed an approved peace officer basic training program. 1,886
(2) A "department of mental retardation and developmental 1,888
disabilities special police officer" means a special police 1,890
officer of the department of mental retardation and developmental 1,891
disabilities designated under section 5123.13 of the Revised Code 1,892
who is certified by the Ohio peace officer training council under 1,893
section 109.77 of the Revised Code as having successfully 1,894
completed an approved peace officer basic training program. 1,895
(3) "Deadly weapon" has the same meaning as in section 1,897
2923.11 of the Revised Code. 1,898
(4) "Family or household member" has the same meaning as 1,900
in section 2919.25 of the Revised Code. 1,901
(5) "Street" or "highway" has the same meaning as in 1,903
section 4511.01 of the Revised Code. 1,904
(6) "Interstate system" has the same meaning as in section 1,906
5516.01 of the Revised Code. 1,907
(7) "Peace officer of the department of natural resources" 1,910
means an employee of the department of natural resources who is a 1,912
natural resources law enforcement staff officer designated
pursuant to section 1501.013, a forest officer designated 1,913
46
pursuant to section 1503.29, a preserve officer designated 1,914
pursuant to section 1517.10, a wildlife officer designated 1,915
pursuant to section 1531.13, a park officer designated pursuant 1,916
to section 1541.10, or a state watercraft officer designated 1,918
pursuant to section 1547.521 of the Revised Code. 1,919
Sec. 4582.01. As used in sections 4582.02 to 4582.20 of 1,930
the Revised Code: 1,931
(A) "Port authority" means a port authority BODY CORPORATE 1,933
AND POLITIC created pursuant to THE authority of section 4582.02 1,935
of the Revised Code.
(B) "Submerged lands" means the lands presently underlying 1,937
the waters of Lake Erie or formerly underlying the waters of Lake 1,938
Erie and now artificially filled between the natural shoreline 1,939
and the harbor line or the line of commercial navigation where no 1,940
harbor line has been established. 1,941
(C) "Uplands" means lands contiguous to or fronting upon 1,943
any submerged lands in this state. 1,944
(D) "Publication" means publication once a week on the 1,946
same day of the week for three consecutive weeks in a newspaper 1,947
of general circulation in the county or counties wherein such 1,948
publication is required to be made. Publication shall be 1,949
complete on the date of the last publication. 1,950
(E) "Aviation facilities" means aircraft and any 1,952
facilities used, available for use, or designed for use for the 1,953
safe navigation, landing or taking off of aircraft; for the 1,954
safety, storage, maintenance and repair of aircraft; for the 1,955
comfort and accommodations of the users of air transportation, 1,956
including persons, cargo, mail, and other property, and for the 1,957
safe and efficient operation and maintenance of airports and any 1,958
care of such facilities. 1,959
(F) "Authorized purposes" or "purpose" means either of the 1,961
following: 1,962
(1) Activities which increase THAT ENHANCE, foster, aid, 1,964
PROVIDE, or promote air or water transportation, economic 1,965
47
development, or residential facilities HOUSING, RECREATION, 1,966
EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR RESEARCH within 1,967
the jurisdiction of the port authority; 1,968
(2) Activities consistent with section AUTHORIZED BY 1,971
SECTIONS 13 AND 16 of article ARTICLE VIII, Ohio Constitution. 1,972
(G)(C) "COST," AS APPLIED TO A PORT AUTHORITY FACILITY, 1,974
MEANS THE COST OF ACQUISITION OR CONSTRUCTION OF THE FACILITY, 1,975
AND THE COST OF ACQUISITION OF ALL LAND, RIGHTS-OF-WAY, PROPERTY 1,976
RIGHTS, EASEMENTS, FRANCHISE RIGHTS, AND INTERESTS REQUIRED FOR 1,977
THAT ACQUISITION OR CONSTRUCTION, THE COST OF DEMOLISHING OR 1,978
REMOVING ANY BUILDINGS OR STRUCTURES ON LAND SO ACQUIRED, 1,979
INCLUDING THE COST OF ACQUIRING ANY LANDS TO WHICH THOSE 1,980
BUILDINGS OR STRUCTURES MAY BE MOVED, THE COST OF ACQUIRING OR 1,981
CONSTRUCTING AND EQUIPPING A PRINCIPAL OFFICE OF THE PORT 1,982
AUTHORITY, THE COST OF DIVERTING HIGHWAYS, INTERCHANGE OF 1,983
HIGHWAYS AND ACCESS ROADS TO PRIVATE PROPERTY, INCLUDING THE COST 1,985
OF LAND OR EASEMENTS FOR THE ACCESS ROADS, THE COST OF PUBLIC 1,986
UTILITY AND COMMON CARRIER RELOCATION OR DUPLICATION, THE COST OF 1,987
ALL MACHINERY, FURNISHINGS, AND EQUIPMENT, FINANCING CHARGES, 1,988
INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR NO MORE THAN 1,989
EIGHTEEN MONTHS AFTER THE COMPLETION OF CONSTRUCTION,
ENGINEERING, EXPENSES OF RESEARCH AND DEVELOPMENT WITH RESPECT TO 1,991
PORT AUTHORITY FACILITIES, LEGAL EXPENSES, PLANS, SPECIFICATIONS, 1,992
SURVEYS, STUDIES, ESTIMATES OF COST AND REVENUES, OTHER EXPENSES 1,993
NECESSARY OR INCIDENT TO DETERMINING THE FEASIBILITY OR 1,994
PRACTICABILITY OF ACQUIRING OR CONSTRUCTING THE FACILITY, 1,995
ADMINISTRATIVE EXPENSE, AND ANY OTHER EXPENSES NECESSARY OR 1,996
INCIDENT TO ACQUIRING OR CONSTRUCTING THE FACILITY, THE FINANCING 1,997
OF SUCH ACQUISITION OR CONSTRUCTION, INCLUDING THE AMOUNT 1,998
AUTHORIZED IN THE RESOLUTION OF THE PORT AUTHORITY PROVIDING FOR 1,999
THE ISSUANCE OF PORT AUTHORITY REVENUE BONDS TO BE PAID INTO ANY 2,000
SPECIAL FUNDS FROM THE PROCEEDS OF THE BONDS AND THE FINANCING OF 2,001
THE PLACING OF THE FACILITY IN OPERATION. ANY OBLIGATION, COST, 2,002
OR EXPENSE INCURRED BY ANY GOVERNMENTAL AGENCY OR PERSON FOR 2,003
48
SURVEYS, BORINGS, THE PREPARATION OF PLANS AND SPECIFICATIONS, 2,004
AND OTHER ENGINEERING SERVICES, OR ANY OTHER COST DESCRIBED 2,005
ABOVE, IN CONNECTION WITH THE ACQUISITION OR CONSTRUCTION OF A 2,006
FACILITY MAY BE REGARDED AS PART OF THE COST OF THE FACILITY AND 2,007
MAY BE REIMBURSED OUT OF THE PROCEEDS OF PORT AUTHORITY REVENUE 2,008
BONDS AS AUTHORIZED BY THIS CHAPTER. 2,009
(D) "Port authority facilities" means all real or personal 2,012
property, or ANY combination thereof, THAT IS OWNED, LEASED, OR 2,013
OTHERWISE CONTROLLED OR FINANCED BY A PORT AUTHORITY AND IS
related to or used in any commercial, industrial, distribution, 2,014
transportation, residential, recreational, educational, cultural, 2,016
or research facility, including aviation facilities and waterport 2,017
facilities, USEFUL FOR, OR IN FURTHERANCE OF, ONE OR MORE 2,018
AUTHORIZED PURPOSES.
(H)(E) "Bonds" means bonds, notes, or other forms or 2,020
evidences of obligation issued in temporary or definitive form, 2,021
including notes issued in anticipation of the issuance of bonds 2,022
and renewal notes.
(F) "CONSTRUCTION," UNLESS THE CONTEXT INDICATES A 2,024
DIFFERENT MEANING OR INTENT, INCLUDES ALTERATION, CONSTRUCTION, 2,025
CREATION, DEVELOPMENT, ENLARGEMENT, IMPROVEMENT, INSTALLATION, 2,026
RECONSTRUCTION, REMODELING, AND RENOVATION. 2,028
(G) "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP, OR 2,030
CORPORATION, OR ANY COMBINATION THEREOF. 2,032
(H) "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL 2,035
SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF 2,036
ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT 2,037
AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL 2,038
SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE. "CONTRACTING 2,039
SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT. 2,040
(I) "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT 2,043
LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT 2,044
AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT 2,045
DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL 2,046
49
AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT, 2,047
REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT, 2,049
AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS 2,050
STATE. "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A 2,051
TRANSPORTATION IMPROVEMENT DISTRICT.
Sec. 4582.02. Any municipal corporation, township, county, 2,060
or any combination of a municipal corporation, municipal 2,061
corporations, township, townships, county, or counties, no one 2,062
NONE of which has been WAS included in a port authority in 2,063
existence on December 16, 1964, comprising more than one 2,064
subdivision, may create a port authority. A municipal 2,065
corporation shall act by ordinance, a township shall act by
resolution of the township trustees, and a county shall act by 2,067
resolution of the county commissioners, in authorizing the
creation of a port authority. A port authority created pursuant 2,068
to this section is a body corporate and politic which THAT may 2,069
sue and be sued, plead and be impleaded, and has the powers and 2,070
jurisdiction enumerated in sections 4582.01 to 4582.20, 2,071
inclusive, of the Revised Code. The exercise by such THE port 2,072
authority of the powers conferred upon it shall be deemed 2,073
CONSIDERED to be essential governmental functions of this state, 2,074
but no port authority is immune from liability by reason thereof. 2,075
Sec. 4582.023. Any political subdivision within the 2,084
jurisdiction of a port authority may appropriate and expend 2,085
public funds not otherwise appropriated to finance or subsidize 2,086
the OPERATION AND AUTHORIZED purposes of the port authority so 2,087
created.
Subject to making due provisions for payment and 2,089
performance of its obligations, a port authority may be dissolved 2,090
by the subdivision or subdivisions creating it, and in such THAT 2,091
event the properties of the port authority shall be transferred 2,092
to the subdivision creating it, or, if created by more than one 2,093
subdivision, to the subdivisions creating it in such manner as 2,094
may be agreed upon between such THE subdivisions PRIOR TO THE 2,095
50
DISSOLUTION OF THE PORT AUTHORITY. 2,096
Sec. 4582.03. (A) A port authority created in accordance 2,106
with section 4582.02 of the Revised Code shall be governed by a 2,107
board of directors. Members of a board of directors of a port 2,108
authority created by the exclusive action of a municipal 2,109
corporation shall consist of the number of members it deems 2,110
CONSIDERS necessary and SHALL be appointed by the mayor with the 2,111
advice and consent of the council. Members of a board of 2,113
directors of a port authority created by the exclusive action of 2,114
a township shall consist of such members as it deems CONSIDERS 2,115
necessary and shall be appointed by the township trustees of such 2,116
THE township. Members of a board of directors of a port 2,117
authority created by the exclusive action of a county shall 2,119
consist of such members as it deems CONSIDERS necessary and SHALL 2,120
be appointed by the county commissioners of such THE county. 2,121
Members of a board of directors of a port authority created by a 2,123
combination of political subdivisions shall be divided among such 2,124
THE political subdivisions in such proportions as such THE 2,125
political subdivisions may agree and SHALL BE appointed BY THE 2,126
PARTICIPATING POLITICAL SUBDIVISIONS in the same manner as this 2,127
section provides for their THE appointment when such OF MEMBERS 2,128
BY A political subdivision creates CREATING its own port 2,129
authority. When a port authority is created by a combination of 2,130
political subdivisions, the number of directors composing 2,131
COMPRISING the board shall be determined by agreement between 2,133
such THE political subdivisions, WHICH NUMBER FROM TIME TO TIME 2,134
MAY BE CHANGED BY AMENDMENT OF THE AGREEMENT. The appointing 2,135
body may at any time remove a director appointed by it for 2,137
misfeasance, nonfeasance, or malfeasance in office.
Each director A MAJORITY OF THE DIRECTORS shall have been a 2,140
qualified elector ELECTORS of, or shall have had his business 2,141
THEIR BUSINESSES or place PLACES of employment in, one or more 2,143
political subdivisions within the area of the jurisdiction of the 2,144
port authority, for a period of at least three years next
51
preceding his THEIR appointment. 2,145
The directors of any port authority first appointed shall 2,147
serve staggered terms. Thereafter each successor shall serve for 2,148
a term of four years, except that any person appointed to fill a 2,149
vacancy shall be appointed to only the unexpired term and any 2,150
director is eligible for reappointment. 2,151
THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL 2,153
OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR 2,154
MEETINGS OF THE BOARD. IF A DIRECTOR IS SO REMOVED, A SUCCESSOR 2,155
SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR 2,157
IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. 2,158
The directors shall elect one of their membership as 2,160
chairman, CHAIRPERSON and another as vice chairman 2,161
VICE-CHAIRPERSON and shall designate their terms of office, and 2,162
shall appoint a secretary who need not be a director. A majority 2,163
of the board of directors shall constitute a quorum, the 2,164
affirmative vote of which shall be necessary for any action taken 2,166
by the port authority. No vacancy in the membership of the board 2,167
shall impair the rights of a quorum to exercise all the rights 2,168
and perform all the duties of the port authority. 2,169
Each member of the board of directors of a port authority 2,171
shall be entitled to receive from the port authority such sum of 2,172
money as the board of directors may determine as compensation for 2,173
his services as director and reimbursement for his reasonable 2,174
expenses in the performance of his OFFICIAL duties. 2,175
(B) Except for civil actions that arise out of the 2,177
operation of a motor vehicle and civil actions in which the port 2,178
authority is the plaintiff, no director, officer, or employee of 2,179
a port authority shall be liable in any civil action that arises 2,180
under the law of this state for damage or injury caused in the 2,181
performance of his OFFICIAL duties, unless the director's, 2,182
officer's, or employees's EMPLOYEE'S actions were manifestly 2,183
outside the scope of his THE DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S 2,185
employment or official responsibilities, or unless the director, 2,186
52
officer, or employee acted with malicious purpose, in bad faith,
or in a wanton or reckless manner. 2,187
This section does not eliminate, limit, or reduce any 2,189
immunity from civil liability that is conferred upon a director, 2,190
officer, or employee by any other provision of the Revised Code 2,191
or by case law. 2,192
(C)(1) A port authority shall, except as provided in 2,194
division (B) of this section, SHALL indemnify a director, 2,195
officer, or employee from liability incurred in the performance 2,196
of his OFFICIAL duties by paying any judgment in, or amount 2,197
negotiated in settlement of, any civil action arising under 2,199
federal law, the law of another state, or the law of a foreign 2,200
jurisdiction. The reasonableness of the amount of any consent 2,201
judgment or settlement is subject to the review and approval of 2,202
the board of DIRECTORS OF the port authority. The maximum 2,203
aggregate amount of indemnification paid directly from funds to 2,204
or on behalf of any director, officer, or employee pursuant to 2,205
this division shall be one million dollars per occurrence, 2,206
regardless of the number of persons who suffer damage, injury, or 2,207
death as a result of the occurrence.
(2) A port authority shall not indemnify a director, 2,209
officer, or employee under any of the following circumstances: 2,210
(a) To the extent the director, officer, or employee is 2,212
covered by a policy of insurance for civil liability purchased by 2,213
the port authority; 2,214
(b) When the director, officer, or employee acts 2,216
manifestly outside the scope of his THE DIRECTOR'S, OFFICER'S, OR 2,217
EMPLOYEE'S employment or official responsibilities, with 2,218
malicious purpose, in bad faith, or in a wanton or reckless 2,219
manner;
(c) For any portion of a judgment that represents punitive 2,221
or exemplary damages; 2,222
(d) For any portion of a consent judgment or settlement 2,224
that is unreasonable. 2,225
53
(3) The port authority may purchase a policy or policies 2,227
of insurance on behalf of directors, officers, and employees of 2,228
the port authority from an insurer or insurers licensed to do 2,229
business in this state providing coverage for damages in 2,230
connection with any civil action, demand, or claim against the 2,231
director, officer, or employee by reason of an act or omission by 2,232
the director, officer, or employee occurring in the performance 2,233
of his OFFICIAL duties and not coming within the terms of 2,234
division (C)(2)(b) of this section. 2,236
(4) This section does not affect any of the following: 2,238
(a) Any defense that would otherwise be available in an 2,240
action alleging personal liability of a director, officer, or 2,241
employee; 2,242
(b) The operation of section 9.83 of the Revised Code. 2,244
Sec. 4582.04. (A) A port authority created in accordance 2,253
with section 4582.02 of the Revised Code shall employ and fix the 2,254
qualifications, duties, and compensation of such ANY employees 2,255
and professional help as it may require to conduct the business 2,256
of the port and may appoint an advisory board, which shall serve 2,257
without compensation. Any employee may be suspended or 2,258
dismissed, and the services of professional help may be 2,259
terminated at any time by the port authority. 2,260
(B) A port authority may provide for the administration 2,262
and enforcement of the laws of the state by employing special 2,263
policemen, POLICE OFFICERS and may seek the assistance of other 2,264
appropriate law enforcement officers to enforce its regulations 2,265
and maintain order. 2,266
(C) Special policemen POLICE OFFICERS employed by a port 2,268
authority shall serve as a security force POLICE OFFICERS with 2,269
respect to the property, grounds, buildings, equipment, and 2,270
facilities under the control of the port authority, to prevent 2,272
hijacking of aircraft or watercraft, protect the property of the 2,273
authority AND THE PROPERTY OF OTHERS LOCATED THEREON, suppress 2,274
nuisances and disturbances and breaches of the peace, AND enforce 2,275
54
laws AND THE RULES OF THE PORT AUTHORITY for the preservation of 2,276
good order. In performing their duties, special policemen POLICE 2,278
OFFICERS are vested with the same powers of arrest as police 2,279
officers under section 2935.03 of the Revised Code.
ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT 2,281
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF 2,282
THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS 2,285
DEFINED IN SECTION 742.01 OF THE REVISED CODE. 2,287
Sec. 4582.041. (A) Any A port authority created under 2,296
section 4582.02 of the Revised Code may procure and pay all or 2,297
any part of the cost of group hospitalization, surgical, major 2,298
medical, sickness and accident insurance, or group life 2,299
insurance, or a combination of any of the foregoing types of 2,300
insurance or coverage for full-time employees and their immediate 2,301
dependents FAMILIES, issued by an insurance company duly 2,302
authorized to do business in this state. 2,304
(B) Any A port authority also may procure and pay all or 2,306
any part of the cost of a plan of group hospitalization, 2,307
surgical, or major medical, OR SICKNESS AND ACCIDENT insurance 2,308
with a health insuring corporation holding a certificate of 2,310
authority under Chapter 1751. of the Revised Code, provided that 2,311
each full-time employee shall be permitted to: 2,313
(1) Exercise an option between a plan offered by an 2,315
insurance company as provided in division (A) of this section and 2,317
such a plan offered by a health insuring corporation under this 2,318
division, on the condition that the full-time employee shall pay 2,320
any amount by which the cost of the plan offered in this division 2,321
exceeds the cost of the plan offered under division (A) of this 2,322
section; and
(2) Change from one of the two plans to the other at a 2,324
time each year as determined by the port authority. 2,325
(C) A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE 2,328
OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON 2,329
ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER 2,330
55
GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE 2,331
EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES. A PORT 2,332
AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT 2,333
SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR 2,334
MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE. 2,335
Sec. 4582.05. The area of jurisdiction of a port authority 2,344
created in accordance with section 4582.02 of the Revised Code 2,346
shall include all of the territory of the political subdivision 2,348
or subdivisions creating it, provided that in no case OTHER THAN 2,350
AS MAY RESULT FROM THE DETERMINATION OF A PORT AUTHORITY UNDER 2,351
DIVISION (C) OF SECTION 4582.201 OF THE REVISED CODE TO CHANGE
THE PROVISIONS OF CHAPTER 4582. OF THE REVISED CODE THAT GOVERN 2,352
ITS OPERATION, shall the same area be included in more than one 2,353
port authority. 2,354
Sec. 4582.06. A port authority created in accordance with 2,363
section 4582.02 of the Revised Code may: 2,364
(A) Purchase ACQUIRE, construct, reconstruct, enlarge, 2,366
improve FURNISH, equip, develop MAINTAIN, REPAIR, sell, exchange, 2,368
lease TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, convey other 2,369
interests in, and OR operate port authority facilities REAL OR 2,370
PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL 2,371
FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, and make 2,372
charges for the use thereof OF ANY PORT AUTHORITY FACILITY, which 2,373
shall be not less than the charges established for the same 2,374
services furnished by a public utility or common carrier in the 2,375
JURISDICTION OF THE particular port authority jurisdiction; 2,376
(B) Straighten, deepen, and improve any canal, channel, 2,378
river, stream, or other water course or way which THAT may be 2,380
necessary or proper in the development of the facilities of such
THE port AUTHORITY; 2,381
(C) Acquire, own, hold, sell, lease, or operate real or 2,383
personal property for the authorized purposes of the port 2,384
authority; 2,385
(D) Issue bonds or notes for the acquisition or, 2,387
56
construction, FURNISHING, OR EQUIPPING OF ANY REAL OR PERSONAL 2,388
PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR 2,389
IN FURTHERANCE of any permanent improvement which a port 2,390
authority is authorized to acquire or construct PURPOSE, in 2,391
compliance with Chapter 133. of the Revised Code, except that 2,393
such THE bonds or notes may only MAY be issued pursuant to a vote 2,394
of the electors residing within the territory of the port 2,396
authority. The net indebtedness incurred by a port authority 2,397
shall never exceed two per cent of the total value of all 2,398
property within the territory comprising such THE authority as 2,399
listed and assessed for taxation.
(E)(D) By resolution of its board of directors, issue 2,401
revenue bonds beyond the limit of bonded indebtedness provided by 2,402
law, for the purpose of acquiring, constructing, or developing 2,403
any port authority facility, other than a residential facility 2,404
ACQUISITION, CONSTRUCTION, FURNISHING, OR EQUIPPING OF ANY REAL 2,405
OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, 2,406
USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, 2,407
including all costs in connection with or incidental to such 2,408
acquisition, construction, or development THERETO. Pursuant to 2,409
Section 13 of Article VIII, Ohio Constitution, and in order to 2,411
create or preserve jobs and employment opportunities and improve 2,412
the economic welfare, the port authority may loan moneys for or 2,413
acquire, construct, reconstruct, develop, enlarge, improve, 2,414
furnish, equip, sell, exchange, lease, convey other interests in, 2,415
or lease with a contract or option to purchase, at such amount as 2,416
the board of directors in its sole discretion may determine, real 2,417
property, machinery, equipment, plants, factories, offices, and 2,418
other structures and facilities for industry, commerce, 2,419
distribution, and research, provided that when the costs thereof 2,420
are to be paid by the port authority, the acquisition, 2,421
construction, reconstruction, development, enlargement, 2,422
improvement, and equipment of such property, plants, factories, 2,423
offices, and other structures and facilities shall only be 2,424
57
financed from the proceeds of revenue bonds issued under 2,425
authority of this division or in a manner consistent with Section 2,426
13 of Article VIII, Ohio Constitution. 2,427
The port authority may construct, reconstruct, equip, or 2,429
operate any facilities which it is authorized to acquire, 2,430
purchase, or lease. Any sale, lease, lease with option to 2,431
purchase, conveyance of other interests in, or contract for 2,432
acquiring, constructing, reconstructing, operating, developing, 2,433
enlarging, improving, or equipping any real property, plant, 2,434
factory, office, or other structure or facility for industry, 2,435
commerce, distribution, recreation, and research shall be made in 2,436
such manner as is determined by the board of directors and shall 2,437
not be subject to the provisions of section 4582.12 of the 2,438
Revised Code. The 2,439
THE revenue bonds of the port authority shall be secured 2,442
only by a pledge of and a lien on the revenues of the port 2,443
authority derived from THOSE loan payments, rentals, fees,
charges, or other revenues from any improvements and facilities 2,444
as THAT are designated in the resolution, including, but not 2,445
limited to the improvements and facilities, ANY PROPERTY to be 2,447
financed from or constructed, developed, or acquired, 2,448
CONSTRUCTED, FURNISHED, OR EQUIPPED with the proceeds of the bond 2,449
issue, after provision only for the reasonable cost of operating, 2,450
maintaining, and repairing the improvements and facilities 2,451
PROPERTY of the port authority so designated. The bonds may 2,453
further be secured by the covenant of the port authority to 2,454
maintain such rates or charges as THAT will produce revenues 2,455
sufficient to meet THE costs of operating, maintaining, and 2,457
repairing such improvements and facilities PROPERTY and to meet 2,458
the interest and principal requirements of such THE bonds and to 2,459
establish and maintain reserves for the foregoing purposes. The 2,460
board of directors may, by resolution, MAY provide for the 2,461
issuance of additional revenue bonds from time to time, such 2,462
bonds to be secured equally and ratably, without preference, 2,463
58
priority, or distinction, with outstanding revenue bonds, but 2,464
subject to the terms and limitations of any trust agreement 2,465
described in this section, and of any resolution authorizing 2,466
bonds then outstanding. The board of directors may, by 2,467
resolution, MAY designate additional improvements and facilities 2,468
PROPERTY of the port authority, the revenues of which shall be 2,469
pledged and be subject to a lien for service THE PAYMENT of the 2,470
principal and interest requirements of DEBT CHARGES ON revenue 2,471
bonds theretofore authorized by resolution of the board of 2,473
directors, to the same extent as the revenues above described. 2,474
In the discretion of the board of directors of the port 2,476
authority, the revenue bonds of the port authority may be secured 2,477
by a trust agreement between the board of directors on behalf of 2,478
the port authority and a corporate trustee, which trustee THAT 2,479
may be any trust company or bank having powers of a trust 2,480
company, within or without the state. 2,481
The trust agreement may provide for the pledge or 2,483
assignment of the revenues to be received, but shall not pledge 2,484
the general credit and taxing power of the port authority. A 2,485
trust agreement securing revenue bonds issued to acquire, 2,486
construct, reconstruct, develop, enlarge, improve FURNISH, or 2,487
equip real property, plants, factories, offices, and other 2,489
structures and facilities for industry, commerce, distribution, 2,490
and research AUTHORIZED PURPOSES CONSISTENT WITH SECTION 13 OR 16 2,491
OF ARTICLE VIII, OHIO CONSTITUTION, may mortgage the real or 2,493
personal property, or both A COMBINATION THEREOF, to be acquired, 2,494
constructed, reconstructed, developed, enlarged, or improved 2,496
FURNISHED, OR EQUIPPED from the proceeds of such revenue bonds, 2,497
as further security for such THE bonds. The trust agreement or 2,498
the resolution providing for the issuance of revenue bonds may 2,499
set forth the rights and remedies of the bondholders and trustee, 2,500
and may contain such other provisions for protecting and 2,501
enforcing their rights and remedies as THAT are DETERMINED in the 2,502
discretion of the board of directors TO BE reasonable and proper. 2,504
59
Such THE agreement or resolution may provide for the custody, 2,506
investment, and disbursement of all moneys derived from the sale 2,507
of such bonds, or from the revenues of the port authority, other 2,508
than those moneys received from taxes levied pursuant to section 2,509
4582.14 of the Revised Code, and may provide for the deposit of 2,510
such funds without regard to section 4582.15 of the Revised Code. 2,511
ALL BONDS ISSUED UNDER AUTHORITY OF THIS CHAPTER, 2,513
REGARDLESS OF FORM OR TERMS AND REGARDLESS OF ANY OTHER LAW TO 2,514
THE CONTRARY, SHALL HAVE ALL QUALITIES AND INCIDENTS OF 2,515
NEGOTIABLE INSTRUMENTS, SUBJECT TO PROVISIONS FOR REGISTRATION, 2,516
AND MAY BE ISSUED IN COUPON, FULLY REGISTERED, OR OTHER FORM, OR 2,517
ANY COMBINATION THEREOF, AS THE BOARD OF DIRECTORS DETERMINES. 2,518
PROVISION MAY BE MADE FOR THE REGISTRATION OF ANY COUPON BONDS AS 2,519
TO PRINCIPAL ALONE OR AS TO BOTH PRINCIPAL AND INTEREST, AND FOR 2,520
THE CONVERSION INTO COUPON BONDS OF ANY FULLY REGISTERED BONDS OR 2,521
BONDS REGISTERED AS TO BOTH PRINCIPAL AND INTEREST. 2,522
The revenue bonds shall bear interest at such rate or 2,524
rates, SHALL BEAR SUCH DATE OR DATES, and shall mature within 2,525
forty years following the date of issuance and in such amount, at 2,527
such TIME OR times, and in such number of installments, as may be 2,528
provided in OR PURSUANT TO the resolution authorizing their 2,529
issuance. ANY ORIGINAL ISSUE OF REVENUE BONDS SHALL MATURE NOT 2,530
LATER THAN FORTY YEARS FROM THEIR DATE OF ISSUE. Such resolution 2,531
shall also SHALL provide for the execution and sealing of the 2,532
bonds and the use of, WHICH MAY BE BY facsimile signatures and 2,533
facsimile of the seal, UNLESS PROHIBITED BY THE RESOLUTION, AND 2,534
the manner of sale of the bonds, and such. THE RESOLUTION SHALL 2,535
PROVIDE FOR, OR PROVIDE FOR THE DETERMINATION OF, ANY other terms 2,536
and conditions relative to the issuance, sale, and retirement of 2,538
said THE bonds as THAT the board of directors in their ITS 2,539
discretion believe DETERMINES TO BE reasonable and proper. 2,540
Whenever a port authority considers it expedient, it may 2,542
issue renewal notes and refund any bonds, whether the bonds to be 2,543
refunded have or have not matured. THE FINAL MATURITY OF ANY 2,544
60
NOTES, INCLUDING ANY RENEWAL NOTES, SHALL NOT BE LATER THAN FIVE 2,545
YEARS FROM THE DATE OF ISSUE OF THE ORIGINAL ISSUE OF NOTES. The 2,546
FINAL MATURITY OF ANY refunding bonds shall NOT BE LATER THAN THE 2,547
LATER OF FORTY YEARS FROM THE DATE OF ISSUE OF THE ORIGINAL ISSUE 2,549
OF BONDS OR THE DATE BY WHICH IT IS EXPECTED, AT THE TIME OF 2,550
ISSUANCE OF THE REFUNDING BONDS, THAT THE USEFUL LIFE OF ALL OF 2,551
THE PROPERTY, OTHER THAN INTERESTS IN LAND, REFINANCED WITH 2,552
PROCEEDS OF THE BONDS WILL HAVE EXPIRED. THE REFUNDING BONDS 2,553
SHALL be sold and the proceeds applied to the purchase, 2,554
redemption, or payment of the bonds to be refunded AND THE COSTS 2,555
OF ISSUANCE OF THE REFUNDING BONDS. The bonds and notes issued 2,556
under this chapter, their transfer, and the income therefrom, 2,557
shall at all times be free from taxation within the state. 2,558
(F)(E) DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS 2,561
IN ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, 2,562
INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS, 2,563
FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED 2,564
TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR 2,565
SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE 2,566
VIII, OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE DISCRETION MAY 2,568
DETERMINE:
(1) LOAN MONEYS TO ANY PERSON FOR THE ACQUISITION, 2,571
CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE PROPERTY; 2,572
(2) ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND 2,574
EQUIP THE PROPERTY; 2,575
(3) SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS 2,577
IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER 2,578
INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR 2,580
GOVERNMENTAL ENTITY;
(4) GUARANTEE THE OBLIGATIONS OF ANY PERSON OR 2,582
GOVERNMENTAL ENTITY.
A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR 2,584
THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY 2,585
OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY 2,586
61
DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE 2,587
INVESTMENT OF FUNDS BY A PORT AUTHORITY. 2,588
(F) CONSTRUCT, MAINTAIN, REPAIR, FURNISH, EQUIP, SELL, 2,591
EXCHANGE, LEASE, OR LEASE WITH AN OPTION TO PURCHASE, ANY 2,592
PROPERTY THAT IT IS AUTHORIZED TO ACQUIRE. A PORT AUTHORITY THAT 2,593
IS SUBJECT TO THIS SECTION ALSO MAY OPERATE ANY PROPERTY IN 2,595
CONNECTION WITH TRANSPORTATION, RECREATIONAL, GOVERNMENTAL 2,596
OPERATIONS, OR CULTURAL ACTIVITIES. 2,597
(1) ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN 2,600
OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER 2,601
CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO 2,602
THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING, 2,603
EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY 2,604
COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF 2,605
AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII, 2,607
OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO 2,609
SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF 2,610
DIRECTORS IN ITS DISCRETION.
(2) DIVISION (F)(1) OF THIS SECTION APPLIES TO ALL 2,612
CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY 2,613
OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING, 2,614
WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF 2,616
COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE
PROVISION OF SECURITY. 2,617
(3) DIVISIONS (F)(1) AND (2) OF THIS SECTION DO NOT APPLY 2,620
TO EITHER OF THE FOLLOWING:
(a) ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS 2,623
RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A 2,624
PLEDGE OF MONEYS RAISED BY TAXATION; 2,625
(b) ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID 2,628
EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY. FOR 2,629
THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT 2,630
AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS, 2,631
CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT 2,632
62
EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF 2,633
THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY 2,634
ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM 2,635
GENERAL REVENUES.
(G) Apply to the proper authorities of the United States 2,637
pursuant to appropriate law for the right to establish, operate, 2,638
and maintain foreign trade zones and to establish, operate, and 2,639
maintain such foreign trade zones; and purchase, lease, or TO 2,641
acquire land or property therefor, in a manner consistent with
section 4582.17 of the Revised Code; 2,642
(G)(H) Exercise the right of eminent domain to appropriate 2,644
any land, rights, rights-of-way, franchises, easements, or other 2,645
property, necessary or proper for the construction or the 2,646
efficient operation of any facility of the port authority and 2,647
included in its official plan ANY AUTHORIZED PURPOSE, pursuant to 2,648
the procedure provided in sections 163.01 to 163.22 of the 2,650
Revised Code, if funds equal to the appraised value of the 2,651
property to be acquired as the A result of such proceedings, are 2,652
on hand and available for such purposes THAT PURPOSE, except 2,654
that:
(1) Nothing NOTHING contained in sections 4582.01 to 2,656
4582.20 of the Revised Code, shall authorize a port authority to 2,657
take or disturb property or facilities belonging to any public 2,658
corporation AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, public 2,659
utility, or common carrier, which property or facilities are 2,661
necessary and convenient in the operation of such public 2,662
corporation THE AGENCY OR POLITICAL SUBDIVISION, public utility, 2,663
or common carrier, unless provision is made for the restoration, 2,664
relocating RELOCATION, or duplication of such THE property or 2,665
facilities, or upon the election of such public corporation THE 2,667
AGENCY OR POLITICAL SUBDIVISION, public utility, or common 2,668
carrier, for the payment of compensation, if any, at the sole 2,669
cost of the port authority, provided that: 2,670
(a)(1) If any restoration or duplication proposed to be 2,672
63
made pursuant to this section involves a relocation of such 2,673
property or facilities, the new facilities and location shall be 2,674
of at least comparable utilitarian value and effectiveness, and 2,675
such THE relocation shall not impair the ability of the public 2,676
utility or common carrier to compete in its original area of 2,677
operation.
(b)(2) If any restoration or duplication made pursuant to 2,679
this section involves a relocation of such property or 2,680
facilities, the port authority shall acquire no interest or right 2,681
in or to the appropriated property or facilities, except as 2,682
provided in division (J)(K) of this section, until the relocated 2,684
property or facilities are available for use and until marketable 2,685
title thereto has been transferred to the public utility or 2,686
common carrier. 2,687
(c)(3) Provisions for restoration or duplication shall be 2,689
described in detail in the resolution for appropriation passed by 2,690
the port authority. 2,691
(H)(I) Enjoy and possess the same rights, privileges, and 2,693
powers granted municipal corporations under sections 721.04 to 2,694
721.11 of the Revised Code; 2,695
(I)(J) Maintain such funds as it considers necessary; 2,697
(J)(K) Direct its agents or employees, when properly 2,699
identified in writing, and after at least five days' written 2,700
notice, to enter upon lands within the confines of its 2,701
jurisdiction in order to make surveys and examinations 2,702
preliminary to location and construction of works for the 2,703
purposes of the port authority, without liability of the port 2,704
authority or its agents or employees except for actual damage 2,705
done; 2,706
(K)(L) Sell, lease, or convey other interests in real and 2,708
personal property and grant easements or rights-of-way over 2,709
property of the port authority. The board of directors of the 2,710
port authority shall specify the consideration and any terms 2,711
thereof for such THE sale, lease, or conveyance of other 2,712
64
interests in real and personal property. Any determinations made 2,714
by the board of directors under this division shall be 2,715
conclusive. Such THE sale, lease, or conveyance may be made 2,716
without advertising and the receipt of bids. 2,717
(L)(M) Promote, advertise, and publicize the port 2,719
authority facilities and its authorized purposes, provide 2,720
information to persons with an interest in transportation and 2,721
other port authority activities, and appear before rate-making 2,722
authorities to represent and promote the interests of the port 2,723
authority and its authorized purposes; 2,724
(M)(N) Adopt rules, not in conflict with general law, 2,726
governing the use of AND THE SAFEGUARDING OF its property, 2,727
grounds, buildings, equipment, and facilities, SAFEGUARDING 2,729
PERSONS AND THEIR PROPERTY LOCATED ON OR IN PORT AUTHORITY 2,730
PROPERTY, and governing the conduct of its employees and the 2,732
public, in order to promote the public safety and convenience in 2,733
and about its terminals and grounds, and to maintain order. Any
such regulation shall be posted at a prominent place in each of 2,735
the buildings, terminals, or facilities to which it applies NO 2,736
LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED 2,737
BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN
DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE 2,738
PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS 2,739
HOURS. No person shall violate any lawful regulation adopted and 2,740
posted as provided in this division. 2,741
(N)(O) Do all acts necessary or appropriate to carry out 2,743
its authorized purposes. The port authority shall have the 2,744
powers and rights granted to other subdivisions under section 2,745
9.20 of the Revised Code. 2,746
Sec. 4582.091. (A) FINANCIAL AND PROPRIETARY INFORMATION, 2,749
INCLUDING TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER 2,750
TO A PORT AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY 2,751
CONTRACT TO PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT 2,752
AUTHORITY, IN CONNECTION WITH THE RELOCATION, LOCATION,
65
EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THAT 2,753
EMPLOYER IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF THE 2,754
REVISED CODE. ANY OTHER INFORMATION SUBMITTED BY SUCH AN 2,757
EMPLOYER UNDER SUCH CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT 2,758
TO SECTION 149.43 OF THE REVISED CODE UNTIL THAT EMPLOYER COMMITS 2,760
IN WRITING TO PROCEED WITH THE RELOCATION, LOCATION, EXPANSION, 2,761
IMPROVEMENT, OR PRESERVATION.
(B) NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE, 2,765
THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF 2,766
TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (A) OF 2,768
THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN 2,769
CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS 2,770
SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT 2,771
INFORMATION PURSUANT TO A VOTE OF A MAJORITY OF THE MEMBERS 2,772
PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE 2,773
CONSIDERED. NO OTHER MATTERS SHALL BE CONSIDERED DURING THE 2,774
CLOSED SESSION. 2,775
Sec. 4582.10. The port authority shall foster and 2,784
encourage the participation of private enterprise in the 2,785
development of port authority facilities to the fullest extent it 2,786
considers practicable in the interest of limiting the necessity 2,787
of construction and operation of such THOSE facilities by the 2,788
port authority. For this purpose the port authority shall upon a 2,789
written request by any person, partnership, or corporation, filed 2,790
with the secretary of the board of directors within thirty days 2,791
following the journalization of the order of the adoption of an 2,792
official plan as provided in sections 4582.07 and 4582.08 of the 2,793
Revised Code, submit a proposal to provide, operate, and maintain 2,794
any facility included in such plan, by publication of and 2,795
invitation for bids therefor based upon specifications prepared 2,796
by the board of directors. 2,797
The board of directors may accept, subject to section 2,799
123.151 of the Revised Code, the bid of the person, partnership, 2,800
or corporation it considers best qualified by financial 2,801
66
responsibility and business experience to construct and operate 2,802
such facility or facilities in accordance with its official plan. 2,803
Sec. 4582.11. Nothing contained in sections 4582.01 to 2,812
4582.16, inclusive, of the Revised Code shall: 2,813
(A) Impair the provisions of law or ordinance directing 2,815
the payment of revenues derived from public property into sinking 2,816
funds or dedicating such THOSE revenues to specific purposes; 2,817
(B) Impair the powers of any county, township, or 2,819
municipal corporation to develop or improve port and terminal 2,820
facilities except as restricted by section 4582.16 of the Revised 2,822
Code;
(C) Enlarge, alter, diminish, or affect in any way, any 2,824
lease or conveyance made, or action taken prior to the creation 2,825
of a port authority in accordance with section 4582.02 of the 2,826
Revised Code by any municipal corporation under the provisions of 2,827
sections 721.04 to 721.11, inclusive, of the Revised Code, or by 2,828
any county under the provisions of section 307.65 of the Revised 2,829
Code;
(D) Impair or interfere with the exercise of any permit 2,831
for the removal of sand or gravel, or other similar permits 2,832
issued by this state or the United States; 2,833
(E) IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS. 2,835
Sec. 4582.12. (A) Except as otherwise provided in 2,844
division (E) of section 307.671 of the Revised Code, division (A) 2,845
of this section does not apply to a port authority educational 2,846
and cultural facility acquired, constructed, and equipped 2,847
pursuant to a cooperative agreement entered into under section 2,848
307.671 of the Revised Code. 2,849
When EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 2,851
WHEN the cost of a contract for the creation, construction, 2,852
alteration, or repair of any port authority facilities BUILDING, 2,853
STRUCTURE, OR OTHER IMPROVEMENT undertaken by a port authority 2,854
created in accordance with section 4582.02 of the Revised Code 2,856
involves an expenditure exceeding ten TWENTY-FIVE thousand 2,857
67
dollars and the port authority is the contracting entity, the 2,858
port authority shall make a written contract after complying with 2,859
section 123.151 of the Revised Code and after notice calling for 2,860
bids for the award of the contract has been given by publication 2,861
as provided by section 4582.01 of the Revised Code TWICE, WITH AT 2,862
LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 2,863
CIRCULATION IN THE AREA OF THE JURISDICTION OF THE PORT 2,864
AUTHORITY. No EACH SUCH contract shall be let except to the 2,866
lowest responsive and responsible bidder in accordance with 2,867
section 9.312 of the Revised Code. Every contract let shall be in 2,868
writing and if the contract involves work or construction, it 2,869
shall be accompanied by or shall refer to plans and 2,870
specifications for the work to be done, prepared for and approved 2,871
by the port authority, signed by the chairman AN AUTHORIZED 2,872
OFFICER of the port authority and by the contractor, and shall be 2,874
executed in triplicate.
Each bid shall be awarded in accordance with sections 2,876
153.54, 153.57, and 153.571 of the Revised Code. 2,877
The port authority may reject any and all bids. 2,879
(B) THE BOARD OF DIRECTORS OF A PORT AUTHORITY BY RULE MAY 2,881
PROVIDE CRITERIA FOR THE NEGOTIATION AND AWARD WITHOUT 2,882
COMPETITIVE BIDDING OF ANY CONTRACT AS TO WHICH THE PORT 2,883
AUTHORITY IS THE CONTRACTING ENTITY FOR THE CONSTRUCTION OF ANY 2,884
BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDER ANY OF THE 2,885
FOLLOWING CIRCUMSTANCES: 2,886
(1) THERE EXISTS A REAL AND PRESENT EMERGENCY THAT 2,888
THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT 2,889
AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING 2,891
THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION 2,892
AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE 2,893
SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT 2,894
CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE 2,895
ATTACHED TO THE CONTRACT. 2,896
(2) A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR 2,898
68
SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE 2,899
ARTICULATED FOR THE IMPROVEMENT. 2,900
(3) THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS 2,902
DEFINED IN SECTION 307.041 OF THE REVISED CODE. 2,903
(4) WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE 2,905
IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE 2,906
MATERIAL. 2,907
(5) A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER 2,909
COMPLYING WITH THE PROVISIONS OF DIVISION (A) OF THIS SECTION. 2,911
(C)(1) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED 2,914
WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 2,915
(B)(2) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A NOTICE 2,917
CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT LEAST 2,918
SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 2,919
CIRCULATION IN THE AREA OF THE PORT AUTHORITY. AFTER RECEIPT OF 2,920
THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH 2,921
AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING 2,922
THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT 2,923
AUTHORITY.
(2) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT 2,925
COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION (B)(4) 2,927
OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO THE 2,928
INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY BE 2,929
PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER OF 2,930
THAT MATERIAL. 2,931
(D) No contract for the creation, construction, 2,933
alteration, or repair of any building, structure, or other 2,934
improvement and no loan agreement for the borrowing of funds for 2,935
any such improvement undertaken by a port authority, where the 2,936
port authority is the contracting entity, shall be executed 2,937
unless laborers and mechanics employed on such improvements are 2,938
paid at the prevailing rates of wages of laborers and mechanics 2,939
for the class of work called for by the improvement, which. THE 2,941
wages shall be determined in accordance with the requirements of
69
Chapter 4115. of the Revised Code for THE determination of 2,942
prevailing wage rates, provided that the requirements of this 2,943
section do not apply where the federal government or any of its 2,944
agencies furnishes by loan or grant all or any part of the funds 2,945
used in connection with such project and prescribes predetermined 2,946
minimum wages to be paid to such THE laborers and mechanics. 2,947
Sec. 4582.17. (A) A port authority created in accordance 2,956
with section 4582.02 of the Revised Code may enter into such 2,957
contracts or other arrangements with the United States 2,958
government, or any department thereof, with persons, railroads, 2,959
or other corporations, with public corporations, WITH PUBLIC 2,960
UTILITIES, and with the state government of this or other states, 2,962
WITH GOVERNMENTS OF FOREIGN COUNTRIES, with counties, 2,963
municipalities, townships, or other governmental agencies created 2,964
by or under the authority of the laws of this state, OTHER 2,965
STATES, OR GOVERNMENTS OF FOREIGN COUNTRIES, including sewerage, 2,966
drainage, conservation, conservancy, or other improvement 2,968
districts in this or other states as may be necessary or 2,969
convenient for the exercise of powers granted by sections 4582.01 2,970
to 4582.16 of the Revised Code, including the making of surveys, 2,971
investigations, or reports thereon; provided that such THE 2,972
contracts or arrangements shall not be in violation of Article
VIII of the Ohio Constitution. The port authority may purchase, 2,973
lease, or acquire land or other property in any county of this 2,974
state and in adjoining states for the accomplishment of an 2,975
authorized purpose PURPOSES of the port authority, or for the 2,976
improvement of the harbor and port facilities over which the port 2,977
authority may have jurisdiction, and may let contracts or spend 2,978
money for making such improvements or THOSE PURPOSES, INCLUDING 2,979
THE development of port facilities in adjoining states. The 2,981
authority granted in this section to enter into contracts or 2,982
other arrangements with the United States government or any 2,983
department thereof, includes the power to enter into any 2,984
contracts, arrangements, or agreements as may be necessary to 2,985
70
hold and save harmless the United States from damages due to the 2,986
construction and maintenance by the United States of such works 2,987
as the United States undertakes.
Any political subdivision which THAT has participated in 2,989
the creation of a port authority pursuant to section 4582.02 of 2,990
the Revised Code, or is within OR ADJACENT TO, the jurisdiction 2,992
of the port authority, may enter into an agreement, which may be 2,993
amended or supplemented, with the port authority to accomplish 2,994
any of the authorized purposes of the port authority. Such THE 2,995
agreement may provide for industrial, commercial, distribution, 2,996
educational, cultural, and research development within the 2,997
political subdivision and may set forth the extent to which the 2,998
port authority shall act as the agent of the political 2,999
subdivision. A port authority may mortgage its property, incur 3,000
debt, and issue its obligations as provided in division (E) of 3,001
section 4582.06 of the Revised Code for the purpose of acquiring, 3,002
constructing, improving, and equipping buildings, structures, and 3,003
other properties and acquiring sites therefor, for lease, sale, 3,004
or conveyance of other interests in such property by the port 3,005
authority. 3,006
(B) A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE 3,009
OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR 3,010
ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE 3,011
PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY 3,012
POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF 3,013
THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT 3,014
AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO 3,015
EXERCISE, PERFORM, OR RENDER. 3,016
UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE 3,018
LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND 3,019
ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE 3,020
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE 3,021
SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE 3,022
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY 3,023
71
OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT, 3,024
WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING 3,025
SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL 3,026
POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS 3,027
MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE 3,028
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE 3,029
AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY 3,030
CONTRACTING SUBDIVISION DIRECTLY. THE EXERCISE OF THOSE POWERS, 3,031
PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES 3,032
BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE 3,033
GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR 3,034
CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING 3,035
EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE 3,037
BEING RENDERED. ANY SUCH AGREEMENT SHALL NOT SUSPEND THE
POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF, 3,039
OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO 3,040
PERFORM ANY FUNCTION OR RENDER ANY SERVICE. A PORT AUTHORITY OR 3,041
ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY 3,042
AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR
EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND 3,043
ON BEHALF OF, ANY OTHER SUBDIVISION UNLESS APPROVED BY A MAJORITY 3,046
OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION. 3,047
Sec. 4582.20. A port authority created under sections 3,056
4582.01 to 4582.20, inclusive, of the Revised Code, shall be 3,057
exempt from and shall not be required to pay any taxes on 3,059
property, both real and personal, OR ANY COMBINATION THEREOF, 3,060
belonging to any such port authority, which THAT is used 3,061
exclusively for any public AUTHORIZED purpose; provided, such 3,062
THIS exemption shall not apply to any property belonging to any 3,063
port authority while OCCUPIED AND USED DURING A TAX YEAR BY a 3,064
private enterprise PERSON WHO is a lessee of such THE property AS 3,066
OF THE TAX LIEN DATE FOR THAT TAX YEAR under A written lease 3,067
providing for a tenancy WITH A REMAINING TERM longer than one 3,068
year.
72
Sec. 4582.201. (A) Sections 4582.01 to 4582.20 of the 3,077
Revised Code apply exclusively to a port authority in existence 3,078
on the effective date of this section JULY 9, 1982, unless the 3,080
subdivision or subdivisions which THAT created such THE port 3,081
authority act pursuant to division (B) of this section. 3,083
(B) The subdivision or subdivisions which THAT created a 3,085
port authority in existence on the effective date of this section 3,086
JULY 9, 1982, may adopt a resolution or ordinance to permit the 3,088
port authority to operate under sections 4582.21 to 4582.59 of 3,089
the Revised Code. Upon SUBJECT TO DIVISION (C) OF THIS SECTION, 3,090
UPON adoption of such a resolution or ordinance, sections 4582.01 3,091
to 4582.20 of the Revised Code no longer apply. At the time the 3,092
resolution or ordinance is adopted, the subdivision or 3,093
subdivisions which THAT created the port authority may also MAY 3,095
act pursuant to division (B) of section 4582.22 of the Revised
Code to restrict the powers of the port authority. 3,096
(C) THE SUBDIVISION OR SUBDIVISIONS THAT HAVE ADOPTED A 3,099
RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF THIS SECTION MAY 3,100
ADOPT A RESOLUTION OR ORDINANCE TO PERMIT THE PORT AUTHORITY TO 3,101
RESUME OPERATING UNDER SECTIONS 4582.01 TO 4582.20 OF THE REVISED 3,103
CODE. UPON ADOPTION OF SUCH A RESOLUTION OR ORDINANCE AND 3,105
ADOPTION OF A SIMILAR RESOLUTION BY THE BOARD OF DIRECTORS OF THE 3,106
AFFECTED PORT AUTHORITY, SECTIONS 4582.21 TO 4582.59 OF THE 3,108
REVISED CODE SHALL NOT APPLY AND SECTIONS 4582.01 TO 4582.20 OF 3,110
THE REVISED CODE SHALL APPLY FROM AND AFTER THE TIME THE LAST 3,113
SUCH RESOLUTION OR ORDINANCE IS ADOPTED. A SUBDIVISION OR 3,114
SUBDIVISIONS THAT ACT UNDER DIVISION (C) OF THIS SECTION MAY NOT 3,115
THEREAFTER ADOPT A RESOLUTION OR ORDINANCE UNDER DIVISION (B) OF 3,117
THIS SECTION.
Sec. 4582.202. Sections 4582.21 to 4582.59 of the Revised 3,126
Code apply exclusively to a port authority created after the 3,127
effective date of this section JULY 9, 1982, and to a port 3,128
authority in existence on the effective date of this section JULY 3,130
9, 1982, if the subdivision or subdivisions which THAT created 3,131
73
the port authority adopts ADOPT a resolution or ordinance 3,132
permitted under division (B) of section 4582.201 of the Revised 3,133
Code BUT HAVE NOT ADOPTED A RESOLUTION OR ORDINANCE UNDER 3,134
DIVISION (C) OF THAT SECTION TO RESUME OPERATING UNDER SECTIONS
4582.01 TO 4582.20 OF THE REVISED CODE. 3,135
Sec. 4582.21. As used in sections 4582.22 to 4582.59 of 3,145
the Revised Code: 3,146
(A) "Port authority" means a body corporate and politic 3,148
created pursuant to THE authority of section 4582.22 of the 3,149
Revised Code. A port authority created pursuant to section 3,150
4582.22 of the Revised Code need not be adjacent to, connected 3,151
with, or have located within its jurisdiction a body of water. 3,152
(B) "Submerged lands" means the lands presently underlying 3,154
the waters of Lake Erie or formerly underlying the waters of Lake 3,155
Erie and now artificially filled between the natural shoreline 3,156
and the harbor line or the line of commercial navigation where no 3,157
harbor line has been established. 3,158
(C) "Uplands" means lands contiguous to or fronting upon 3,160
any submerged lands in this state. 3,161
(D) Unless otherwise defined, "publication" means 3,163
publication once a week on the same day of the week for three 3,164
consecutive weeks in a newspaper of general circulation in the 3,165
county or counties wherein such publication is required to be 3,166
made. Publication shall be complete on the date of the last 3,167
publication. 3,168
(E) "Aviation facilities" means any facilities used, 3,170
available for use, or designed for use for the safe navigation, 3,171
landing or taking off of aircraft; for the safety, storage, 3,172
maintenance and repair of aircraft; for the comfort and 3,173
accommodations of the users of air transportation, including 3,174
persons, cargo, mail, and other property, and for the safe and 3,175
efficient operation and maintenance of airports and any care of 3,176
such facilities. 3,177
(F) AUTHORIZED PURPOSES" OR "PURPOSE" MEANS EITHER OF THE 3,179
74
FOLLOWING: 3,180
(1) ACTIVITIES THAT ENHANCE, FOSTER, AID, PROVIDE, OR 3,182
PROMOTE TRANSPORTATION, ECONOMIC DEVELOPMENT, HOUSING, 3,183
RECREATION, EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR 3,184
RESEARCH WITHIN THE JURISDICTION OF THE PORT AUTHORITY; 3,185
(2) ACTIVITIES AUTHORIZED BY SECTIONS 13 AND 16 OF ARTICLE 3,188
VIII, OHIO CONSTITUTION. 3,189
(C) "Governmental agency" means a department, division, or 3,191
other unit of state government OF THIS STATE OR ANY OTHER STATE, 3,192
a municipal corporation, county, township, or other political 3,194
subdivision, or any other public corporation or agency having the 3,195
power to acquire, construct, or operate port authority facilities 3,196
CREATED UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, the United 3,197
States, or any DEPARTMENT OR agency thereof, and any agency, 3,198
commission, or authority established pursuant to an interstate 3,199
compact or agreement.
(G)(D) "Person" means any individual, firm, partnership, 3,201
association, or corporation, or any combination thereof. 3,202
(H)(E) "Port authority facility" or "facility" means any 3,204
commercial, industrial, distribution, residential, recreational, 3,205
or research facility located within the jurisdiction of the port 3,206
authority, including, but not limited to, aviation facilities, 3,207
marinas, water ports, trucking terminals, railroad terminals, 3,208
warehouses, wharves, piers, docks, or transportation equipment, 3,209
together with all real and personal property, property rights, 3,210
easements, and interests that may be appropriate for the 3,211
operation of the facility. As used in division (H) of section 3,212
4582.33, and sections 4582.50 and 4582.52 of the Revised Code, 3,213
"port authority facility" or "facility" does not include 3,214
residential facilities REAL OR PERSONAL PROPERTY, OR ANY 3,215
COMBINATION THEREOF OWNED, LEASED, OR OTHERWISE CONTROLLED OR 3,217
FINANCED BY A PORT AUTHORITY AND RELATED TO, USEFUL FOR, OR IN 3,218
FURTHERANCE OF, ONE OR MORE AUTHORIZED PURPOSES. 3,219
(I)(F) "Cost" as applied to a port authority facility 3,221
75
means the cost of acquisition and OR construction of such THE 3,223
facility, and the cost of acquistion ACQUISITION of all land, 3,224
rights-of-way, property rights, easements, franchise rights, and 3,225
interests required for such THAT acquisition and OR construction, 3,227
the cost of demolishing or removing any buildings or structures 3,228
on land so acquired, including the cost of acquiring any lands to 3,229
which such THOSE buildings or structures may be moved, the cost 3,230
of acquiring or constructing and equipping a principal office of 3,231
the port authority, the cost of diverting highways, interchange 3,232
of highways, AND access roads to private property, including the 3,233
cost of land or easements for such THE access roads, the cost of 3,235
public utility and common carrier relocation or duplication, the 3,236
cost of all machinery, furnishings, and equipment, financing 3,237
charges, interest prior to and during construction and for no 3,238
more than eighteen months after completion of construction, 3,239
engineering, expenses of research and development with respect to 3,240
port authority facilities, legal expenses, plans, specifications, 3,241
surveys, studies, estimates of cost and revenues, working 3,242
capital, other expenses necessary or incident to determining the 3,243
feasibility or practicability of acquiring or construction such 3,244
CONSTRUCTING THE facility, administrative expense, and such other 3,246
expenses as may be necessary or incident to the acquisition or 3,247
construction of the facility, the financing of such THE 3,248
acquisition or construction, including the amount authorized in 3,250
the resolution of the port authority providing for the issuance 3,251
of port authority revenue bonds to be paid into any special funds 3,252
from the proceeds of such bonds and the financing of the placing 3,253
of such THE facility in operation. Any obligation, cost, or 3,254
expense incurred by any governmental agency or person for 3,255
surveys, borings, preparation of plans and specifications, and 3,256
other engineering services, or any other cost described above, in 3,257
connection with the acquisition or construction of a facility may 3,258
be regarded as part of the cost of such THE facility and may be 3,259
reimbursed out of the proceeds of port authority revenue bonds as 3,260
76
authorized by this chapter. 3,261
(J) "Owner" includes a person having any title or interest 3,263
in any property, rights, easements, or interests authorized to be 3,264
acquired by sections 4582.21 to 4582.59 of the Revised Code. 3,265
(K)(G) "Revenues" means all rentals and other charges 3,267
received by the port authority for the use or services of any 3,268
port authority facility, any gift or grant received with respect 3,269
to any port authority facility, any moneys received with respect 3,270
to the lease, sublease, sale, including installment sale or 3,271
conditional sale, or other disposition of a port authority 3,272
facility, moneys received in repayment of and for interest on any 3,273
loans made by the port authority to a person or governmental 3,274
agency, whether from the United States or any department, 3,275
administration, or agency thereof, or otherwise, proceeds of such 3,276
port authority revenue bonds to the extent the use thereof for 3,277
payment of principal or of premium, if any, or interest on the 3,278
bonds is authorized by the port authority, proceeds from any 3,279
insurance, condemnation, or guaranty pertaining to a facility or 3,280
property mortgaged to secure bonds or pertaining to the financing 3,281
of the facility, and income and profit from the investment of the 3,282
proceeds of port authority revenue bonds or of any revenues. 3,283
(L)(H) "Public roads" includes all public highways, roads, 3,285
and streets in the state, whether maintained by the state, OR BY 3,286
A county, city, township, MUNICIPAL CORPORATION, or other 3,288
political subdivision.
(M)(I) "Construction," unless the context indicates a 3,290
different meaning or intent, includes reconstruction ALTERATION, 3,291
CONSTRUCTION, CREATION, DEVELOPMENT, enlargement, improvement, or 3,294
providing furnishings or equipment INSTALLATION, RECONSTRUCTION, 3,295
REMODELING, AND RENOVATION. 3,296
(N)(J) "Port authority revenue bonds," unless the context 3,298
indicates a different meaning or intent, includes port authority 3,299
revenue notes, port authority revenue renewal notes, and port 3,300
authority revenue refunding bonds, except that notes issued in 3,301
77
anticipation of the issuance of bonds shall have a maximum 3,302
maturity of five years as provided in section 4582.48 of the 3,303
Revised Code and notes or renewal notes issued as the definitive 3,304
obligation may be issued maturing at such time or times with a 3,305
maximum maturity of forty years from the date of issuance of the 3,306
original note. 3,307
(K) "CONTRACTING SUBDIVISION" MEANS ANY GOVERNMENTAL 3,310
SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT, BY ACTION OF 3,311
ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT 3,312
AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL 3,313
SUBDIVISIONS OR TAXING DISTRICTS OF THE STATE. "CONTRACTING 3,314
SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT DISTRICT. 3,315
(L) "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS NOT 3,318
LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP, PORT 3,319
AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT
DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL 3,320
AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT, 3,321
REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY, OR OTHER DISTRICT, 3,323
AUTHORITY, OR COMMISSION CREATED PURSUANT TO THE LAWS OF THIS 3,324
STATE. "GOVERNMENTAL SUBDIVISION" DOES NOT INCLUDE A 3,325
TRANSPORTATION IMPROVEMENT DISTRICT.
Sec. 4582.22. (A) Any municipal corporation, township, OR 3,334
county NOT INCLUDED IN A PORT AUTHORITY IN EXISTENCE ON DECEMBER 3,335
16, 1964, MAY CREATE, or any combination of a municipal 3,336
corporation, municipal corporations, township, townships, county, 3,338
or counties, no one of which has been included in a port 3,339
authority in existence on December 16, 1964, may create, AND ANY 3,340
OF THE FOREGOING TOGETHER WITH ANY OTHER POLITICAL SUBDIVISION OR 3,341
SUBDIVISIONS MAY CREATE a port authority. A municipal 3,342
corporation shall act by ordinance, a township shall act by 3,343
resolution of the township trustees, and a county shall act by 3,344
resolution of the county commissioners, AND ANY OTHER POLITICAL 3,345
SUBDIVISION SHALL ACT BY RESOLUTION OF ITS LEGISLATIVE AUTHORITY, 3,346
in authorizing the creation of a port authority. A port 3,348
78
authority created pursuant to this section is a body corporate 3,349
and politic which may sue and be sued, plead and be impleaded, 3,350
and has the powers and jurisdiction enumerated in sections 3,351
4582.21 to 4582.59 of the Revised Code. The exercise by such 3,352
port authority of the powers conferred upon it shall be deemed to 3,353
be essential governmental functions of this state, but no port 3,354
authority is immune from liability by reason thereof. 3,355
(B) At the time a port authority is created pursuant to 3,357
division (A) of section 4582.22 of the Revised Code or, in the 3,358
case of a port authority in existence on the effective date of 3,359
this section JULY 9, 1982, at the time the subdivision or 3,361
subdivisions which created such authority act pursuant to 3,362
division (B) of section 4582.201 of the Revised Code, the 3,363
subdivision or subdivisions which create the port authority may 3,364
restrict the powers granted the port authority pursuant to this 3,365
chapter by specifically setting forth such restrictions in the 3,366
resolution or ordinance creating the port authority or in the 3,367
resolution or ordinance adopted pursuant to division (B) of 3,368
section 4582.201 of the Revised Code. 3,369
(C) The subdivision or subdivisions which created a port 3,371
authority whose powers have been restricted pursuant to division 3,372
(B) of this section may, at any time, adopt a resolution or 3,373
ordinance to grant additional powers, so long as the powers so 3,374
granted do not exceed the powers permitted pursuant to this 3,375
chapter. 3,376
Sec. 4582.25. (A) Any municipal corporation, township, or 3,385
county, OR OTHER POLITICAL SUBDIVISION creating or participating 3,387
in the creation of a port authority in accordance with section
4582.22 of the Revised Code may appropriate and expend public 3,388
funds to finance or subsidize the operation AND AUTHORIZED 3,389
PURPOSES of the port authority. 3,390
(B) Subject to making due provisions for payment and 3,392
performance of its obligations, a port authority may be dissolved 3,393
by the subdivision or subdivisions creating it, and in such event 3,394
79
the properties of the port authority shall be transferred to the 3,395
subdivision creating it, or, if created by more than one 3,397
subdivision, to the subdivisions creating it in such A manner as 3,398
may be agreed upon between such THE subdivisions PRIOR TO THE 3,399
DISSOLUTION OF THE PORT AUTHORITY.
Sec. 4582.26. After a port authority has been created, any 3,409
municipal corporation, township, or county, OR OTHER POLITICAL 3,410
SUBDIVISION, acting by ordinance or resolution, which is 3,412
contiguous to any municipal corporation, township, or county, OR 3,413
OTHER POLITICAL SUBDIVISION which participated in the creation of 3,414
such port authority or to any municipal corporation, township, or 3,415
county, OR OTHER POLITICAL SUBDIVISION which proposes to join the 3,417
port authority at the same time and is contiguous to any 3,418
municipal corporation, township, or county, OR OTHER POLITICAL 3,419
SUBDIVISION which participated in the creation of such port 3,420
authority, may join such port authority, and thereupon the 3,421
jurisdiction and territory of the port authority includes the 3,422
municipal corporation, county, or township, OR OTHER POLITICAL 3,423
SUBDIVISION so joining. If more than one such political 3,425
subdivision is to be joined to the port authority at the same 3,426
time, then each such ordinance or resolution shall designate the 3,427
political subdivisions which are to be so joined. Any territory 3,428
or municipal corporation not included in a port authority and 3,429
which is annexed to a municipal corporation included within the 3,430
jurisdiction and territory of a port authority shall, on such 3,431
annexation and without further proceedings, be annexed to and be 3,432
included in the jurisdiction and territory of the port authority. 3,433
Before such political subdivision or subdivisions are joined to a 3,434
port authority, other than by annexation to a municipal 3,435
corporation, the political subdivision or subdivisions 3,436
theretofore comprising such port authority shall agree upon the 3,437
terms and conditions pursuant to which such political subdivision 3,438
or subdivisions are to be joined. For all purposes of sections 3,439
4582.21 to 4582.59 of the Revised Code, such political 3,440
80
subdivision or subdivisions shall be considered to have 3,441
participated in the creation of such port authority, except that 3,442
the initial term of any director of the port authority appointed 3,443
by such a political subdivision shall be four years. After each 3,444
ordinance or resolution proposing joinder to the port authority 3,445
has become effective and the terms and conditions of joinder have 3,446
been agreed to, the board of directors of the port authority 3,447
shall by resolution either accept or reject such joinder. Such 3,448
joinder shall be effective upon adoption of the resolution 3,449
accepting such joinder, unless the port authority to which a 3,450
political subdivision or subdivisions, including a county within 3,451
which such port authority is located, are to be joined, has 3,452
authority under section 4582.40 of the Revised Code to levy a tax 3,453
on property within its jurisdiction, then such joinder shall not 3,454
be effective until approved by the affirmative vote of a majority 3,455
of the electors voting on the question of the joinder. If more 3,456
than one political subdivision is to be joined to the port 3,457
authority, then the electors of such subdivisions shall vote as a 3,458
district and the majority affirmative vote shall be determined by 3,459
the vote case CAST in such district as a whole. The election 3,460
shall be called by the board of directors of the port authority 3,461
and shall be held, canvassed, and certified in the manner 3,462
provided for the submission of tax levies under section 5705.191 3,463
of the Revised Code except that the question appearing on the 3,464
ballot shall read:
"Shall ................................................. 3,466
(Name or names of political subdivisions to 3,468
................................................................ 3,470
be joined) 3,472
be joined to ............................. port authority 3,474
(Name) 3,476
and the existing tax levy (levies) of such port authority 3,478
(aggregating) ............... mill per dollar of valuation 3,480
be authorized to be levied against properties within 3,482
81
............................................................?" 3,484
(Name or names of political subdivisions to be joined) 3,486
(Name or names of political subdivisions to be joined) 3,488
If the question is approved the joinder becomes immediately 3,490
effective and the port authority is authorized to extend the levy 3,491
of such tax against all the taxable property within the political 3,492
subdivision or political subdivisions which have been joined. If 3,493
such question is approved at a general election, then the port 3,494
authority may amend its budget and resolution adopted pursuant to 3,495
section 5705.34 of the Revised Code and such levy shall be placed 3,496
on the current tax list and duplicate and collected as other 3,497
taxes are collected from all taxable property within the port 3,498
authority including the political subdivision or political 3,499
subdivisions joined as a result of the election. 3,500
Sec. 4582.27. A port authority created in accordance with 3,510
section 4582.22 of the Revised Code shall be governed by a board 3,511
of directors. Members of a board of directors of a port
authority created by the exclusive action of a municipal 3,512
corporation shall consist of the number of members it deems 3,513
CONSIDERS necessary and SHALL be appointed by the mayor with the 3,514
advice and consent of the council. Members of a board of 3,516
directors of a port authority created by the exclusive action of 3,517
a township shall consist of such members as it deems CONSIDERS 3,518
necessary and shall be appointed by the township trustees of the 3,520
township. Members of a board of directors of a port authority 3,521
created by the exclusive action of a county shall consist of such 3,522
members as it deems CONSIDERS necessary and SHALL be appointed by 3,523
the board of county commissioners of such THE county. Members of 3,524
a board of directors of a port authority created by a combination 3,526
of political subdivisions shall be divided among the political 3,527
subdivisions in such proportions as the political subdivisions 3,528
may agree and SHALL BE appointed BY THE PARTICIPATING POLITICAL 3,529
SUBDIVISIONS in the same manner as this section provides for 3,530
their THE appointment when OF MEMBERS BY a political subdivision 3,531
82
creates CREATING its own port authority. IF A PARTICIPATING 3,533
POLITICAL SUBDIVISION IS NOT AUTHORIZED BY SECTION 4582.22 OF THE 3,535
REVISED CODE TO CREATE ITS OWN PORT AUTHORITY, THE POLITICAL
SUBDIVISION'S ELECTED LEGISLATIVE BODY, IF THE POLITICAL 3,536
SUBDIVISION HAS AN ELECTED LEGISLATIVE BODY, OR THE POLITICAL 3,537
SUBDIVISION'S ELECTED OFFICIAL OR OFFICIALS WHO APPOINT THE 3,538
LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION SHALL APPOINT THE 3,539
MEMBERS OF A BOARD OF DIRECTORS OF A PORT AUTHORITY THAT ARE TO 3,540
BE APPOINTED BY THAT POLITICAL SUBDIVISION. IF THE ELECTORS OF A 3,542
PARTICIPATING POLITICAL SUBDIVISION DO NOT ELECT EITHER THE 3,543
LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION OR THE OFFICIAL OR 3,544
OFFICIALS WHO APPOINT THE LEGISLATIVE BODY OF THE POLITICAL 3,545
SUBDIVISION, THE PARTICIPATING POLITICAL SUBDIVISION MAY NOT
APPOINT ANY MEMBER OF A BOARD OF DIRECTORS OF A PORT AUTHORITY. 3,546
When a port authority is created by a combination of political 3,548
subdivisions, the number of directors composing COMPRISING the 3,549
board shall be determined by agreement between such THE political 3,551
subdivisions, WHICH NUMBER MAY BE CHANGED FROM TIME TO TIME BY 3,552
AMENDMENT OF THE AGREEMENT. The appointing body may at any time 3,553
remove a director appointed by it for misfeasance, nonfeasance, 3,555
or malfeasance in office.
Each director A MAJORITY OF THE DIRECTORS shall have been a 3,558
qualified elector ELECTORS of, or shall have had his business 3,559
THEIR BUSINESSES or place PLACES of employment in, one or more 3,561
political subdivisions within the area of the jurisdiction of the 3,562
port authority, for a period of at least three years next
preceding his THEIR appointment. 3,563
If a port authority owns, operates, or manages one or more 3,565
aviation facilities regularly used for the landing and taking off 3,566
of aircraft, and there are persons who are willing and able to 3,567
serve on the board of directors of the port authority and have 3,568
their principal place of residence within three miles of any such 3,569
aviation facility, then at least one member of the board of 3,570
directors shall be appointed from among such persons. 3,571
83
The directors of any port authority first appointed shall 3,573
serve staggered terms. Thereafter each successor shall serve for 3,574
a term of four years, except that any person appointed to fill a 3,575
vacancy shall be appointed to only the unexpired term and any 3,576
director is eligible for reappointment. 3,577
THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL 3,579
OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR 3,580
MEETINGS OF THE BOARD. IF A DIRECTOR IS SO REMOVED, A SUCCESSOR 3,581
SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED DIRECTOR 3,583
IN THE SAME MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. 3,584
The directors shall elect one of their membership as 3,586
chairman, CHAIRPERSON and another as vice-chairman 3,587
VICE-CHAIRPERSON, and shall designate their terms of office, and 3,589
shall appoint a secretary who need not be a director. A majority 3,590
of the board of directors shall constitute a quorum, the 3,591
affirmative vote of which shall be necessary for any action taken 3,592
by the port authority. No vacancy in the membership of the board 3,593
shall impair the rights of a quorum to exercise all the rights 3,594
and perform all the duties of the port authority. 3,595
Each member of the board of directors of a port authority 3,597
shall be entitled to receive from the port authority such sum of 3,598
money as the board of directors may determine as compensation for 3,599
his services as director and reimbursement for his reasonable 3,600
expenses in the performance of his OFFICIAL duties. 3,601
Sec. 4582.28. (A) A port authority created in accordance 3,610
with section 4582.22 of the Revised Code shall employ and fix the 3,611
qualifications, duties, and compensation of such ANY employees 3,612
and enter into contracts for such ANY professional services as it 3,615
may require to conduct the business of the port authority and may 3,616
appoint an advisory board, which shall serve without 3,617
compensation. Any employee may be suspended or dismissed, and any 3,618
contract for professional services may be terminated at any time 3,619
by the port authority. 3,620
(B) A port authority may provide for the administration 3,622
84
and enforcement of the laws of the state by employing special 3,623
policemen POLICE OFFICERS, and may seek the assistance of other 3,624
appropriate law enforcement officers to enforce its rules and 3,625
maintain order.
(C) Special policemen POLICE OFFICERS employed by a port 3,627
authority shall serve as a security POLICE force with respect to 3,629
the property, grounds, buildings, equipment, and facilities under 3,631
the control of the port authority, to prevent hijacking of 3,632
aircraft or watercraft, protect the property of the authority AND 3,633
THE PROPERTY OF OTHERS LOCATED THEREON, suppress nuisances and 3,634
disturbances and breaches of the peace, and enforce laws AND THE 3,635
RULES OF THE PORT AUTHORITY for the preservation of good order. 3,636
In performing their duties, special policemen POLICE OFFICERS are 3,637
vested with the same powers of arrest as police officers under 3,638
section 2935.03 of the Revised Code. 3,639
ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT 3,641
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF 3,642
THE REVISED CODE AND IS NOT A "MEMBER OF A POLICE DEPARTMENT" AS 3,645
DEFINED IN SECTION 742.01 OF THE REVISED CODE. 3,647
Sec. 4582.29. (A) Any A port authority created under 3,656
section 4582.22 of the Revised Code may procure and pay all or 3,657
any part of the cost of group hospitalization, surgical, major 3,658
medical, sickness and accident insurance, or group life 3,659
insurance, or a combination of any of the foregoing types of 3,660
insurance or coverage for full-time employees and their immediate 3,661
dependents FAMILIES, issued by an insurance company duly 3,662
authorized to do business in this state. 3,664
(B) Any A port authority also may procure and pay all or 3,666
any part of the cost of a plan of group hospitalization, 3,667
surgical, or major medical, OR SICKNESS AND ACCIDENT insurance 3,668
with a health insuring corporation holding a certificate of 3,670
authority under Chapter 1751. of the Revised Code, provided that 3,671
each full-time employee shall be permitted to: 3,673
(1) Exercise an option between a plan offered by an 3,675
85
insurance company as provided in division (A) of this section and 3,676
a plan offered by a health insuring corporation under this 3,677
division, on the condition that the full-time employee shall pay 3,679
any amount by which the cost of the plan offered in this division 3,680
exceeds the cost of the plan offered under division (A) of this 3,681
section; and
(2) Change from one of the two plans to the other at a 3,683
time each year as determined by the port authority. 3,684
(C) A PORT AUTHORITY MAY PROCURE OR CONTRACT FOR ANY TYPE 3,687
OF INSURANCE AUTHORIZED BY DIVISION (A) OR (B) OF THIS SECTION ON 3,689
ITS OWN OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER 3,690
GOVERNMENTAL UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE 3,691
EMPLOYEES OF THE MEMBERS OF THE GROUP AND THEIR FAMILIES. A PORT 3,692
AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT 3,693
SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR 3,694
MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE. 3,695
Sec. 4582.30. (A)(1) Except as otherwise provided in 3,704
division (B)(A)(2) OR (3) of this section, the area of 3,706
jurisdiction of a port authority created in accordance with 3,707
section 4582.22 of the Revised Code shall include all of the 3,708
territory of the political subdivision or subdivisions creating 3,709
it and, if the port authority owns or leases a railroad line, the 3,710
territory on which the railroad's line, terminals, and related 3,711
facilities are located, regardless of whether the territory is 3,712
located in the political subdivision or subdivisions creating the 3,713
port authority, provided that in no case shall the same political 3,714
subdivision that created or joined an existing port authority be 3,715
included in more than one port authority. 3,716
(B)(1)(2) A municipal corporation with a population of at 3,718
least one hundred thousand according to the most recent federal 3,719
decennial census may create a port authority within a county that 3,720
previously created an existing port authority, if the municipal 3,721
corporation did not join with the county in creating the port 3,722
authority or thereafter join that port authority. THE NEWLY 3,723
86
CREATED PORT AUTHORITY AND THE PREVIOUSLY CREATED AND EXISTING 3,724
PORT AUTHORITY SHALL POSSESS CONCURRENT JURISDICTION OVER ANY 3,725
TERRITORY WITHIN THE JURISDICTION OF BOTH.
(2)(3) A county may create a port authority the area of 3,727
jurisdiction of which excludes any territory that is located in 3,728
that county and is in the area of jurisdiction of any port 3,729
authority created in accordance with section 4582.02 or 4582.22 3,730
of the Revised Code that is then existing in the county. 3,731
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 3,734
SECTION, A POLITICAL SUBDIVISION THAT HAS CREATED A PORT 3,735
AUTHORITY OR JOINED AN EXISTING PORT AUTHORITY SHALL NOT BE 3,736
INCLUDED IN ANY OTHER PORT AUTHORITY. 3,737
(2) A MUNICIPAL CORPORATION WITH A POPULATION OF LESS THAN 3,740
ONE HUNDRED THOUSAND ACCORDING TO THE MOST RECENT FEDERAL
DECENNIAL CENSUS THAT HAS JOINED AN EXISTING PORT AUTHORITY IN A 3,741
COUNTY WITH A POPULATION OF FIVE HUNDRED THOUSAND OR LESS MAY 3,742
CREATE A PORT AUTHORITY WITHIN THE TERRITORIAL JURISDICTION OF 3,744
THE MUNICIPAL CORPORATION. 3,745
Sec. 4582.31. A port authority created in accordance with 3,754
section 4582.22 of the Revised Code may: 3,755
(A) Adopt bylaws for the regulation of its affairs and the 3,757
conduct of its business; 3,758
(B) Adopt an official seal; 3,760
(C) Maintain a principal office within its jurisdiction, 3,762
and maintain such branch offices as it may require; 3,763
(D) Acquire, purchase, construct, reconstruct, enlarge, 3,765
furnish, equip, maintain, repair, sell, exchange, lease or rent 3,766
to, lease or rent from, or operate port authority facilities OR 3,769
LEASE WITH AN OPTION TO PURCHASE, CONVEY OTHER INTERESTS IN REAL 3,770
OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, 3,771
USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE AND 3,772
OPERATE ANY PROPERTY IN CONNECTION WITH TRANSPORTATION, 3,773
RECREATIONAL, GOVERNMENTAL OPERATIONS, OR CULTURAL ACTIVITIES; 3,774
(E) Straighten, deepen, and improve any channel, river, 3,776
87
stream, or other water course or way which may be necessary or 3,777
proper in the development of the facilities of a water port 3,778
AUTHORITY; 3,779
(F) Make available the use or services of any port 3,781
authority facility to one or more persons, one or more 3,782
governmental agencies, or any combination thereof; 3,783
(G) Issue bonds or notes for the acquisition or, 3,785
construction, FURNISHING, OR EQUIPPING of any port authority 3,786
facility or other permanent improvement which THAT a port 3,788
authority is authorized to acquire or, construct, FURNISH, OR 3,790
EQUIP, in compliance with Chapter 133. of the Revised Code, 3,791
except that such bonds or notes may only be issued pursuant to a 3,792
vote of the electors residing within the area of jurisdiction of 3,793
the port authority. The net indebtedness incurred by a port 3,794
authority shall never exceed two per cent of the total value of 3,795
all property within the territory comprising such THE port 3,796
authority as listed and assessed for taxation. 3,798
(H) Issue port authority revenue bonds beyond the limit of 3,800
bonded indebtedness provided by law, payable solely from revenues 3,801
as provided in section 4582.48 of the Revised Code, unless the 3,802
bonds be refunded by refunding bonds, for the purpose of 3,803
providing funds to pay the costs of any port authority facility 3,804
or facilities or parts thereof, pursuant to Section 13 of Article 3,805
VIII, Ohio Constitution, and in order to create or preserve jobs 3,806
and employment opportunities and improve the economic welfare of 3,807
the people of the state; 3,808
(I) Apply to the proper authorities of the United States 3,810
pursuant to appropriate law for the right to establish, operate, 3,811
and maintain foreign trade zones and establish, operate, and 3,812
maintain such foreign trade zones AND TO ACQUIRE, EXCHANGE, SELL, 3,814
LEASE TO OR FROM, LEASE WITH AN OPTION TO PURCHASE, OR OPERATE 3,815
FACILITIES, LAND, OR PROPERTY THEREFOR in accordance with the 3,817
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to 3,819
81u;
88
(J) Enjoy and possess the same rights, privileges, and 3,821
powers granted municipal corporations under sections 721.04 to 3,822
721.11 of the Revised Code; 3,823
(K) Maintain such funds as it considers necessary; 3,825
(L) Direct its agents or employees, when properly 3,827
identified in writing, and after at least five days' written 3,828
notice, to enter upon lands within the confines of its 3,829
jurisdiction in order to make surveys and examinations 3,830
preliminary to location and construction of works for the 3,831
purposes of the port authority, without liability of the port 3,832
authority or its agents or employees except for actual damage 3,833
done; 3,834
(M) Promote, advertise, and publicize the port authority 3,836
and its facilities; provide information to shippers and other 3,837
commercial interests; and appear before rate-making authorities 3,838
to represent and promote the interests of the port authority; 3,839
(N) Adopt rules, not in conflict with general law, 3,841
governing the use of its property, grounds, buildings, equipment, 3,842
and facilities, and governing the conduct of its employees and 3,843
the public, in order to promote the public safety and convenience 3,844
in and about its facilities and grounds, and to maintain order IT 3,845
FINDS NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF ITS DUTIES 3,846
AND THE EXECUTION OF ITS POWERS UNDER SECTIONS 4582.21 TO 4582.54 3,847
OF THE REVISED CODE. Any such rule shall be posted at a 3,848
prominent place in each of the facilities to which it applies NO 3,850
LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS DETERMINED 3,851
BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN 3,852
DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE
PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS 3,853
HOURS. No person shall violate any lawful rule adopted and 3,855
posted as provided in this division.
(O) Acquire by gift or purchase, hold, lease, and dispose 3,857
of real and personal property and interests therein in the 3,858
exercise of the powers of the port authority and the performance 3,859
89
of its duties under sections 4582.21 to 4582.59 of the Revised 3,860
Code; 3,861
(P) Acquire, in the name of the port authority, by 3,863
purchase or otherwise, on such terms and in such manner as the 3,864
port authority finds proper, or by the exercise of the right of 3,865
condemnation in the manner provided by section 4582.56 of the 3,866
Revised Code, such public or private lands, including public 3,867
parks, playgrounds, or reservations, or parts thereof or rights 3,868
therein, rights-of-way, property, rights, easements, and 3,869
interests as it finds necessary for carrying out sections 4582.21 3,870
to 4582.59 of the Revised Code, and compensation shall be paid 3,871
for public or private lands so taken; 3,872
(Q) DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS IN 3,874
ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, 3,875
INCLUDING, WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS, 3,876
FACTORIES, OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED 3,877
TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR 3,878
SUCH CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH ARTICLE 3,880
VIII OF THE OHIO CONSTITUTION, AS THE BOARD IN ITS SOLE 3,882
DISCRETION MAY DETERMINE:
(1) LOAN MONEYS TO ANY PERSON OR GOVERNMENTAL ENTITY FOR 3,884
THE ACQUISITION, CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE 3,885
PROPERTY; 3,886
(2) ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND 3,888
EQUIP THE PROPERTY; 3,889
(3) SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS 3,891
IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER 3,892
INTEREST IN THE PROPERTY TO THE SAME OR ANY OTHER PERSON OR 3,894
GOVERNMENTAL ENTITY;
(4) GUARANTEE THE OBLIGATIONS OF ANY PERSON OR 3,896
GOVERNMENTAL ENTITY.
A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR 3,898
THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY 3,899
OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY 3,900
90
DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE 3,901
INVESTMENT OF FUNDS BY A PORT AUTHORITY. 3,902
(P) SELL, LEASE, OR CONVEY OTHER INTERESTS IN REAL AND 3,905
PERSONAL PROPERTY, AND GRANT EASEMENTS OR RIGHTS-OF-WAY OVER
PROPERTY OF THE PORT AUTHORITY. THE BOARD OF DIRECTORS SHALL 3,906
SPECIFY THE CONSIDERATION AND ANY TERMS FOR THE SALE, LEASE, OR 3,907
CONVEYANCE OF OTHER INTERESTS IN REAL AND PERSONAL PROPERTY. ANY 3,908
DETERMINATION MADE BY THE BOARD UNDER THIS DIVISION SHALL BE 3,909
CONCLUSIVE. THE SALE, LEASE, OR CONVEYANCE MAY BE MADE WITHOUT 3,910
ADVERTISING AND THE RECEIPT OF BIDS. 3,911
(Q) EXERCISE THE RIGHT OF EMINENT DOMAIN TO APPROPRIATE 3,914
ANY LAND, RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS, OR OTHER 3,915
PROPERTY, NECESSARY OR PROPER FOR ANY AUTHORIZED PURPOSE, 3,916
PURSUANT TO THE PROCEDURE PROVIDED IN SECTIONS 163.01 TO 163.22 3,917
OF THE REVISED CODE, IF FUNDS EQUAL TO THE APPRAISED VALUE OF THE 3,920
PROPERTY TO BE ACQUIRED AS A RESULT OF SUCH PROCEEDINGS ARE 3,921
AVAILABLE FOR THAT PURPOSE. HOWEVER, NOTHING CONTAINED IN 3,922
SECTIONS 4582.201 TO 4582.59 OF THE REVISED CODE SHALL AUTHORIZE 3,924
A PORT AUTHORITY TO TAKE OR DISTURB PROPERTY OR FACILITIES 3,925
BELONGING TO ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, 3,926
PUBLIC UTILITY, OR COMMON CARRIER, WHICH PROPERTY OR FACILITIES 3,927
ARE NECESSARY AND CONVENIENT IN THE OPERATION OF THE AGENCY OR 3,928
POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON CARRIER, UNLESS 3,929
PROVISION IS MADE FOR THE RESTORATION, RELOCATION, OR DUPLICATION 3,931
OF SUCH PROPERTY OR FACILITIES, OR UPON THE ELECTION OF THE 3,932
AGENCY OR POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON 3,933
CARRIER, FOR THE PAYMENT OF COMPENSATION, IF ANY, AT THE SOLE 3,934
COST OF THE PORT AUTHORITY, PROVIDED THAT:
(1) IF ANY RESTORATION OR DUPLICATION PROPOSED TO BE MADE 3,936
UNDER THIS SECTION INVOLVES A RELOCATION OF THE PROPERTY OR 3,937
FACILITIES, THE NEW FACILITIES AND LOCATION SHALL BE OF AT LEAST 3,938
COMPARABLE UTILITARIAN VALUE AND EFFECTIVENESS AND SHALL NOT 3,939
IMPAIR THE ABILITY OF THE PUBLIC UTILITY OR COMMON CARRIER TO 3,940
COMPETE IN ITS ORIGINAL AREA OF OPERATION; 3,941
91
(2) IF ANY RESTORATION OR DUPLICATION MADE UNDER THIS 3,943
SECTION INVOLVES A RELOCATION OF THE PROPERTY OR FACILITIES, THE 3,945
PORT AUTHORITY SHALL ACQUIRE NO INTEREST OR RIGHT IN OR TO THE 3,946
APPROPRIATED PROPERTY OR FACILITIES, EXCEPT AS PROVIDED IN
DIVISION (O) OF THIS SECTION, UNTIL THE RELOCATED PROPERTY OR 3,948
FACILITIES ARE AVAILABLE FOR USE AND UNTIL MARKETABLE TITLE 3,949
THERETO HAS BEEN TRANSFERRED TO THE PUBLIC UTILITY OR COMMON 3,950
CARRIER.
(R)(1) Make and enter into all contracts and agreements 3,952
and execute all instruments necessary or incidental to the 3,953
performance of its duties and the execution of its powers under 3,954
sections 4582.21 to 4582.59 of the Revised Code. 3,955
(1) When the cost under any such contract or agreement, 3,957
other than compensation for personal services, involves an 3,958
expenditure of more than ten thousand dollars, the port authority 3,959
shall make a written contract with the lowest responsive and 3,960
responsible bidder, in accordance with section 9.312 of the 3,961
Revised Code, after advertisement once a week for not less than 3,962
two consecutive weeks in a newspaper of general circulation in 3,963
the county where the facility is located, and in such other 3,964
publications as the port authority determines, which notice shall 3,965
state the general character of the work and the general character 3,966
of the materials to be furnished, the place where plans and 3,967
specifications therefor may be examined, and the time and place 3,968
of receiving bids; provided, that a contract or lease for the 3,969
operation of a port authority facility constructed and owned by 3,970
the port authority or an agreement for cooperation in the 3,971
acquisition or construction of a port authority facility pursuant 3,972
to section 4582.43 of the Revised Code or any contract for the 3,973
construction of a port authority facility that is to be leased by 3,974
the port authority to, and operated by, persons who are not 3,975
governmental agencies and the cost of such facility is to be 3,976
amortized exclusively from rentals or other charges paid to the 3,977
port authority by persons who are not governmental agencies is 3,978
92
not subject to the foregoing requirements and the port authority 3,979
may enter into such contract, lease, or agreement pursuant to 3,980
negotiation and upon such terms and conditions and for such 3,981
period as it finds to be reasonable and proper in the 3,982
circumstances and in the best interests of proper operation or of 3,983
efficient acquisition or construction of such facility. 3,984
(2) Each bid shall contain the full name of every person 3,986
interested in it and shall be accompanied by a sufficient bond or 3,987
certified check on a solvent bank that if the bid is accepted a 3,988
contract will be entered into and the performance thereof 3,989
secured. 3,990
(3)(2) EXCEPT AS PROVIDED IN DIVISION (R)(3) OF THIS 3,993
SECTION, WHEN THE COST OF A CONTRACT FOR THE CONSTRUCTION OF ANY 3,994
BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDERTAKEN BY A PORT 3,995
AUTHORITY INVOLVES AN EXPENDITURE EXCEEDING TWENTY-FIVE THOUSAND 3,996
DOLLARS, AND THE PORT AUTHORITY IS THE CONTRACTING ENTITY, THE 3,997
PORT AUTHORITY SHALL MAKE A WRITTEN CONTRACT AFTER NOTICE CALLING 3,998
FOR BIDS FOR THE AWARD OF THE CONTRACT HAS BEEN GIVEN BY 3,999
PUBLICATION TWICE, WITH AT LEAST SEVEN DAYS BETWEEN PUBLICATIONS, 4,000
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA OF THE PORT 4,001
AUTHORITY. EACH SUCH CONTRACT SHALL BE LET TO THE LOWEST 4,002
RESPONSIVE AND RESPONSIBLE BIDDER IN ACCORDANCE WITH SECTION 4,003
9.312 OF THE REVISED CODE. EVERY CONTRACT SHALL BE ACCOMPANIED 4,006
BY OR SHALL REFER TO PLANS AND SPECIFICATIONS FOR THE WORK TO BE 4,007
DONE, PREPARED FOR AND APPROVED BY THE PORT AUTHORITY, SIGNED BY 4,008
AN AUTHORIZED OFFICER OF THE PORT AUTHORITY AND BY THE 4,009
CONTRACTOR, AND SHALL BE EXECUTED IN TRIPLICATE. 4,010
EACH BID SHALL BE AWARDED IN ACCORDANCE WITH SECTIONS 4,012
153.54, 153.57, AND 153.571 OF THE REVISED CODE. The port 4,016
authority may reject any and all bids.
(4) A bond with good and sufficient surety, approved by 4,018
the port authority, shall be required of all contractors in an 4,019
amount equal to at least fifty per cent of the contract price, 4,020
conditioned upon the faithful performance of the contract. 4,021
93
(R)(3) THE BOARD OF DIRECTORS BY RULE MAY PROVIDE CRITERIA 4,023
FOR THE NEGOTIATION AND AWARD WITHOUT COMPETITIVE BIDDING OF ANY 4,025
CONTRACT AS TO WHICH THE PORT AUTHORITY IS THE CONTRACTING ENTITY 4,026
FOR THE CONSTRUCTION OF ANY BUILDING OR STRUCTURE OR OTHER 4,027
IMPROVEMENT UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: 4,028
(a) THERE EXISTS A REAL AND PRESENT EMERGENCY THAT 4,031
THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT 4,032
AUTHORITY OR OTHER PERSONS, PROVIDED THAT A STATEMENT SPECIFYING 4,033
THE NATURE OF THE EMERGENCY THAT IS THE BASIS FOR THE NEGOTIATION 4,034
AND AWARD OF A CONTRACT WITHOUT COMPETITIVE BIDDING SHALL BE 4,035
SIGNED BY THE OFFICER OF THE PORT AUTHORITY THAT EXECUTES THAT 4,036
CONTRACT AT THE TIME OF THE CONTRACT'S EXECUTION AND SHALL BE 4,037
ATTACHED TO THE CONTRACT. 4,038
(b) A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR 4,041
SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE 4,042
ARTICULATED FOR THE IMPROVEMENT.
(c) THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS 4,044
DEFINED IN SECTION 307.041 OF THE REVISED CODE. 4,045
(d) WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE 4,047
IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE 4,049
MATERIAL.
(e) A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER 4,052
COMPLYING WITH THE PROVISIONS OF DIVISION (R)(2) OF THIS SECTION. 4,053
(4)(a) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED 4,056
WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 4,057
(R)(3)(b) OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A 4,059
NOTICE CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT 4,060
LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL 4,061
CIRCULATION IN THE AREA OF THE PORT AUTHORITY. AFTER RECEIPT OF 4,062
THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH 4,063
AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING 4,064
THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT 4,065
AUTHORITY. 4,066
(b) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT 4,069
94
COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION 4,071
(R)(3)(d) OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO 4,072
THE INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY 4,073
BE PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER 4,074
OF THAT MATERIAL. 4,075
(5)(a) ANY PURCHASE, EXCHANGE, SALE, LEASE, LEASE WITH AN 4,078
OPTION TO PURCHASE, CONVEYANCE OF OTHER INTERESTS IN, OR OTHER 4,079
CONTRACT WITH A PERSON OR GOVERNMENTAL ENTITY THAT PERTAINS TO 4,080
THE ACQUISITION, CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING, 4,081
EQUIPPING, OR OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY 4,082
COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF 4,083
AN ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF ARTICLE VIII, 4,085
OHIO CONSTITUTION, SHALL BE MADE IN SUCH MANNER AND SUBJECT TO 4,087
SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY THE BOARD OF 4,088
DIRECTORS IN ITS DISCRETION. 4,089
(b) DIVISION (R)(5)(a) OF THIS SECTION APPLIES TO ALL 4,092
CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY 4,093
OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING, 4,094
WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT OF 4,095
COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE 4,096
PROVISION OF SECURITY.
(c) DIVISIONS (R)(5)(a) AND (b) OF THIS SECTION DO NOT 4,100
APPLY TO EITHER OF THE FOLLOWING:
(i) ANY CONTRACT SECURED BY OR TO BE PAID FROM MONEYS 4,103
RAISED BY TAXATION OR THE PROCEEDS OF OBLIGATIONS SECURED BY A 4,104
PLEDGE OF MONEYS RAISED BY TAXATION.
(ii) ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE PAID 4,107
EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT AUTHORITY. FOR 4,108
THE PURPOSES OF THIS SECTION, ANY REVENUES DERIVED BY THE PORT 4,109
AUTHORITY UNDER A LEASE OR OTHER AGREEMENT THAT, BY ITS TERMS, 4,110
CONTEMPLATES THE USE OF AMOUNTS PAYABLE UNDER THE AGREEMENT 4,111
EITHER TO PAY THE COSTS OF THE IMPROVEMENT THAT IS THE SUBJECT OF 4,112
THE CONTRACT OR TO SECURE OBLIGATIONS OF THE PORT AUTHORITY 4,113
ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT, ARE EXCLUDED FROM 4,114
95
GENERAL REVENUES.
(S) Employ managers, superintendents, and other employees 4,116
and retain or contract with consulting engineers, financial 4,117
consultants, accounting experts, architects, attorneys, and such 4,118
ANY other consultants and independent contractors as are 4,119
necessary in its judgment to carry out this chapter, and fix the 4,120
compensation thereof. All expenses thereof shall be payable from 4,121
any available funds of the port authority or from funds 4,122
appropriated for such THAT purpose by a political subdivision 4,123
creating or participating in the creation of the port authority. 4,124
(S)(T) Receive and accept from any STATE OR federal agency 4,127
grants AND LOANS for or in aid of the construction of any port 4,128
authority facility or for research and development with respect 4,129
to port authority facilities, and receive and accept aid or 4,130
contributions from any source of money, property, labor, or other 4,131
things of value, to be held, used, and applied only for the 4,132
purposes for which such THE grants and contributions are made; 4,133
(T)(U) Engage in research and development with respect to 4,135
port authority facilities; 4,136
(U)(V) Purchase fire and extended coverage and liability 4,138
insurance for any port authority facility and for the principal 4,139
office and branch offices of the port authority, insurance 4,140
protecting the port authority and its officers and employees 4,141
against liability for damage to property or injury to or death of 4,142
persons arising from its operations, and any other insurance the 4,143
port authority may agree to provide under any resolution 4,144
authorizing its port authority revenue bonds or in any trust 4,145
agreement securing the same; 4,146
(V)(W) Charge, alter, and collect rentals and other 4,148
charges for the use or services of any port authority facility as 4,149
provided in section 4582.43 of the Revised Code; 4,150
(W)(X) Provide coverage for its employees under Chapters 4,152
145., 4123., and 4141. of the Revised Code; 4,153
(X)(Y) Do all acts necessary or proper to carry out the 4,155
96
powers expressly granted in sections 4582.21 to 4582.59 of the 4,156
Revised Code. 4,157
Sec. 4582.35. The port authority shall foster and 4,166
encourage the participation of private enterprise in the 4,167
development of the port facilities to the fullest extent it deems 4,168
CONSIDERS practicable in the interest of limiting the necessity 4,169
of construction and operation of such THE facilities by the port 4,170
authority. For this purpose the port authority shall, upon a 4,171
written request by any person, partnership, or corporation, filed 4,172
with the secretary of the board of directors within thirty days 4,173
following the journalization of the order of the adoption of an 4,174
official plan as provided in sections 4582.32 and 4582.33 of the 4,175
Revised Code, submit a proposal to provide, operate, and maintain 4,176
any facility included in the plan, by publication of and 4,177
invitation for bids therefor based upon specifications prepared 4,178
by the board of directors. 4,179
The board of directors may accept the bid of the person, 4,181
partnership, or corporation it deems best qualified by financial 4,182
responsibility and business experience to construct and operate 4,183
the facility or facilities in accordance with its official plan. 4,184
Sec. 4582.36. Nothing contained in sections 4582.23 4,193
4582.25 to 4582.59 of the Revised Code shall: 4,194
(A) Impair the provisions of law or ordinance directing 4,196
the payment of revenues derived from public property into sinking 4,197
funds or dedicating such THOSE revenues to specific purposes; 4,198
(B) Impair the powers of any county, township, or 4,200
municipal corporation, OR OTHER POLITICAL SUBDIVISION to develop 4,201
or improve port and terminal facilities except as restricted by 4,203
section 4582.42 of the Revised Code; 4,204
(C) Enlarge, alter, diminish, or affect in any way, any 4,206
lease or conveyance made, or action taken prior to the creation 4,207
of a port authority in accordance with section 4582.22 of the 4,208
Revised Code by any municipal corporation under the provisions of 4,209
sections 721.04 to 721.11 of the Revised Code, or by any county 4,210
97
under the provisions of section 307.65 of the Revised Code; 4,211
(D) Impair or interfere with the exercise of any permit 4,213
for the removal of sand or gravel, or other similar permits 4,214
issued by this state or the United States; 4,215
(E) IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS. 4,217
Sec. 4582.37. No port authority shall enter into any 4,226
contract for the creation, construction, alteration, or repair of 4,228
any port authority facility and no loan agreement for the 4,229
borrowing of funds for any such port authority facility 4,230
undertaken by a port authority shall be executed unless laborers 4,231
and mechanics employed on the facility are paid at the prevailing 4,232
rates of wages of laborers and mechanics for the class of work 4,233
called for by the facility, which wages shall be determined in 4,234
accordance with the requirements of Chapter 4115. of the Revised 4,235
Code for determination of prevailing wage rates, provided that 4,236
the requirements of this section do not apply where the federal 4,237
government or any of its agencies furnishes by loan or grant all 4,238
or any part of the funds used in connection with the facility and 4,239
prescribes predetermined minimum wages to be paid to such THE 4,240
laborers and mechanics; and provided further that should a 4,242
nonpublic user beneficiary of the facility undertake construction 4,243
to be performed by its regular bargaining unit employees who are 4,244
covered under a collective bargaining agreement which THAT was in 4,245
existence prior to the commitment instrument undertaking a loan 4,246
or grant of funds then, in that event, the rate of pay provided 4,247
under the collective bargaining agreement may be paid to such 4,248
employees.
Except as provided in this section, construction on any 4,250
port authority facility to which this section applies is hereby 4,251
deemed to be construction of a public improvement within section 4,252
4115.03 of the Revised Code. All contractors and subcontractors 4,253
working on such projects, facilities, or port authority 4,254
facilities shall be subject to and comply with sections 4115.03 4,255
to 4115.16 of the Revised Code, and the bureau of employment 4,257
98
services shall, and any interested party may, bring proceedings 4,258
under such THOSE sections to enforce compliance. The bureau 4,260
shall make the determination of wages as required under this 4,261
section and shall designate one of its employees to act as the 4,262
prevailing wage coordinator under section 4115.071 of the Revised 4,263
Code for any project, facility, or port authority facility for 4,264
which a coordinator has not been designated by any port 4,265
authority.
Sec. 4582.38. The legislative authority of any municipal 4,274
corporation, county, township, school district, or other 4,275
political subdivision or taxing district, may convey or lease to 4,276
OR FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, any 4,277
port authority or any port authority may convey or lease to OR 4,278
FROM, LEASE WITH AN OPTION TO PURCHASE, or exchange with, a 4,279
municipal corporation, county, township, school district, or 4,280
other political subdivision or taxing district, without 4,281
competitive bidding and on mutually agreeable terms, any personal 4,282
property or real property, or any interest therein, which THAT is 4,283
not needed for the purposes of the grantor, or lessor, to be used 4,284
by the recipient or lessee for its purposes. 4,285
Sec. 4582.43. A port authority may charge, alter, and 4,294
collect rentals or other charges for the use or services of any 4,295
port authority facility and contract in the manner provided by 4,296
this section with one or more persons, one or more governmental 4,297
agencies, or any combination thereof, desiring the use or 4,298
services of the facility, and fix the terms, conditions, rentals, 4,299
or other charges for such THE use or services. If such THE 4,301
services are furnished in the jurisdiction of the port authority 4,302
by a public utility or a common carrier, charges by the port 4,303
authority for the services shall not be less than the charges 4,304
established for the same services furnished by a public utility 4,305
or common carrier in the port authority jurisdiction. Such THE 4,306
rentals or other charges shall not be subject to supervision or 4,307
regulation by any other authority, commission, board, bureau, or 4,308
99
agency of the state and such THE contract may provide for 4,309
acquisition by such THE person or governmental agency of all or 4,311
any part of such THE port authority facility for such 4,313
consideration payable over the period of the contract or 4,314
otherwise as the port authority in its sole discretion determines 4,315
to be appropriate, but subject to the provisions of any 4,316
resolution authorizing the issuance of port authority revenue 4,317
bonds or any trust agreement securing such THE bonds. Any 4,318
governmental agency that has power to construct, operate, and 4,319
maintain port authority facilities may enter into a contract or 4,320
lease with a port authority whereby the use or services of any 4,321
port authority facility will be made available to the 4,322
governmental agency, and may pay for such THE use or services 4,323
such rentals or other charges as may be agreed to by the port 4,324
authority and such THE governmental agency. 4,325
Any governmental agency or combination of governmental 4,327
agencies may cooperate with the port authority in the acquisition 4,328
or construction of port authority facilities and shall enter into 4,329
such agreements with the port authority as may be appropriate, 4,330
with a view to effective cooperative action and safeguarding of 4,331
the respective interests of the parties thereto, which agreements 4,332
shall provide for such contributions by the parties thereto in 4,333
such A proportion as may be agreed upon and such other terms as 4,335
may be mutually satisfactory to the parties including, without 4,336
limitation, the authorization of the construction of the facility 4,337
by one of the parties acting as agent for all of the parties and 4,338
the ownership and control of the facility by the port authority 4,339
to the extent necessary or appropriate for purposes of the 4,340
issuance of port authority revenue bonds by the port authority. 4,341
Any governmental agency may provide the funds for the payment of 4,342
such ANY contribution as is required under such agreements by the 4,344
levy of taxes or assessments if otherwise authorized by the laws 4,345
governing such THE governmental agency in the construction of the 4,347
type of port authority facility provided for in the agreements, 4,348
100
and may pay the proceeds from the collection of such THE taxes or 4,350
assessments; or the governmental agency may issue bonds or notes, 4,351
if authorized by such THOSE laws, in anticipation of the 4,352
collection of such THE taxes or assessments, and may pay the 4,354
proceeds of such THE bonds or notes to the port authority 4,356
pursuant to such agreements. In addition, any governmental 4,357
agency may provide the funds for the payment of such A 4,358
contribution by the appropriation of money or, if otherwise 4,360
authorized by law, by the issuance of bonds or notes and may pay 4,361
such THE appropriated money or the proceeds of such THE bonds or 4,363
notes to the port authority pursuant to such agreements. The
agreement by the governmental agency to provide such A 4,364
contribution, whether from appropriated money or from the 4,365
proceeds of such taxes or assessments, or such bonds or notes, or 4,367
any combination thereof, shall not be subject to Chapter 133. of 4,368
the Revised Code or any rules or limitations contained therein. 4,369
The proceeds from the collection of such taxes or assessments, 4,370
and any interest earned thereon, shall be paid into a special 4,371
fund immediately upon the collection thereof by the governmental 4,372
agency for the purpose of providing such THE contribution at the 4,373
times required under such agreements. 4,374
When the contribution of any governmental agency is to be 4,376
made over a period of time from the proceeds of the collection of 4,377
special assessments, the interest accrued and to accrue before 4,378
the first installment of the assessments is collected, which is 4,379
payable by the governmental agency on the contribution under the 4,380
terms and provisions of the agreements, shall be treated as part 4,381
of the cost of the improvement for which the assessments are 4,382
levied, and that portion of such THE assessments as are THAT IS 4,384
collected in installments shall bear interest at the same rate as 4,385
the governmental agency is obligated to pay on the contribution 4,386
under the terms and provisions of the agreements and for the same 4,387
period of time as the contribution is to be made under the 4,388
agreements. If the assessment or any installment thereof is not 4,389
101
paid when due, it shall bear interest until the payment thereof 4,390
at the same rate as such THE contribution and the county auditor 4,391
shall annually place on the tax list and duplicate the interest 4,392
applicable to such THE assessment and the penalty thereon as 4,393
otherwise authorized by law. 4,394
Any governmental agency, pursuant to a favorable vote of 4,396
the electors in an election held before or after the effective 4,397
date of this section JULY 9, 1982, for the purpose of issuing 4,399
bonds to provide funds to acquire, construct, or equip, or 4,400
provide real estate and interests in real estate for, a port 4,401
authority facility, whether or not the governmental agency, at 4,402
the time of the election, had the authority to pay the proceeds 4,403
from such THE bonds or notes issued in anticipation of the bonds 4,405
to the port authority as provided in this section, may issue such 4,406
bonds or notes in anticipation of the issuance of the bonds and 4,407
pay the proceeds of such THE bonds or notes to the port authority 4,409
in accordance with its agreement with the port authority; 4,410
provided, that the legislative authority of the governmental 4,411
agency finds and determines that the port authority facility to 4,412
be acquired or constructed by the port authority in cooperation 4,413
with such THE governmental agency will serve the same public 4,415
purpose and meet substantially the same public need as the 4,416
facility otherwise proposed to be acquired or constructed by the 4,417
governmental agency with the proceeds of such THE bonds and 4,418
notes.
Sec. 4582.431. (A) A PORT AUTHORITY MAY ENTER INTO ANY 4,420
CONTRACTS OR OTHER ARRANGEMENTS WITH THE UNITED STATES 4,422
GOVERNMENT, OR ANY DEPARTMENT THEREOF, WITH PERSONS, RAILROADS, 4,423
OR OTHER CORPORATIONS, WITH PUBLIC CORPORATIONS, WITH PUBLIC 4,424
UTILITIES, AND WITH THE STATE GOVERNMENT OF THIS OR ANY OTHER 4,426
STATE, WITH COUNTIES, MUNICIPALITIES, TOWNSHIPS, OR OTHER 4,427
GOVERNMENTAL AGENCIES CREATED BY OR UNDER THE AUTHORITY OF THE 4,428
LAWS OF THIS STATE OR OTHER STATES, INCLUDING SEWERAGE, DRAINAGE, 4,429
CONSERVATION, CONSERVANCY, OR OTHER IMPROVEMENT DISTRICTS IN THIS 4,430
102
OR OTHER STATES OR THE GOVERNMENTS OR AGENCIES OF FOREIGN 4,431
COUNTRIES AS MAY BE NECESSARY OR CONVENIENT FOR THE EXERCISE OF 4,432
THE POWERS GRANTED BY SECTIONS 4582.21 TO 4582.59 OF THE REVISED 4,434
CODE, INCLUDING THE MAKING OF SURVEYS, INVESTIGATIONS, OR REPORTS 4,436
THEREON; PROVIDED THAT THE CONTRACTS OR ARRANGEMENTS SHALL NOT BE 4,437
IN VIOLATION OF SECTION 13 OR 16 OF ARTICLE VIII, OHIO 4,438
CONSTITUTION. THE PORT AUTHORITY MAY PURCHASE, LEASE, OR ACQUIRE 4,439
LAND OR OTHER PROPERTY IN ANY COUNTY OF THIS STATE AND IN 4,440
ADJOINING STATES FOR THE ACCOMPLISHMENT OF AUTHORIZED PURPOSES OF 4,441
THE PORT AUTHORITY, OR FOR THE IMPROVEMENT OF THE HARBOR AND PORT 4,442
FACILITIES OVER WHICH THE PORT AUTHORITY MAY HAVE JURISDICTION, 4,443
AND MAY LET CONTRACTS OR SPEND MONEY FOR THOSE PURPOSES, 4,444
INCLUDING DEVELOPMENT OF PORT FACILITIES IN ADJOINING STATES. 4,445
THE AUTHORITY GRANTED IN THIS SECTION TO ENTER INTO CONTRACTS OR 4,446
OTHER ARRANGEMENTS WITH THE UNITED STATES GOVERNMENT OR ANY 4,447
DEPARTMENT THEREOF, INCLUDES THE POWER TO ENTER INTO ANY 4,448
CONTRACTS, ARRANGEMENTS, OR AGREEMENTS THAT MAY BE NECESSARY TO 4,449
HOLD AND SAVE HARMLESS THE UNITED STATES FROM DAMAGES DUE TO THE 4,451
CONSTRUCTION AND MAINTENANCE BY THE UNITED STATES OF WORK THE 4,452
UNITED STATES UNDERTAKES.
ANY POLITICAL SUBDIVISION THAT HAS PARTICIPATED IN THE 4,454
CREATION OF A PORT AUTHORITY, OR IS WITHIN, OR ADJACENT TO A 4,455
POLITICAL SUBDIVISION THAT IS WITHIN, THE JURISDICTION OF A PORT 4,457
AUTHORITY, MAY ENTER INTO AN AGREEMENT, WHICH MAY BE AMENDED OR 4,458
SUPPLEMENTED, WITH THE PORT AUTHORITY TO ACCOMPLISH ANY OF THE 4,459
AUTHORIZED PURPOSES OF THE PORT AUTHORITY. THE AGREEMENT MAY SET 4,460
FORTH THE EXTENT TO WHICH THE PORT AUTHORITY SHALL ACT AS THE 4,461
AGENT OF THE POLITICAL SUBDIVISION.
(B) A PORT AUTHORITY MAY ENTER INTO AN AGREEMENT WITH ONE 4,464
OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE PORT AUTHORITY OR 4,465
ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS AUTHORIZED BY THE 4,466
PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION, TO EXERCISE ANY 4,467
POWER, PERFORM ANY FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF 4,468
THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION, WHICH THE PORT 4,469
103
AUTHORITY OR THE CONTRACTING SUBDIVISION IS AUTHORIZED TO 4,470
EXERCISE, PERFORM, OR RENDER. 4,471
UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE 4,473
LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND 4,474
ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE 4,475
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE 4,476
SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE 4,477
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY 4,478
OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT, 4,479
WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING 4,480
SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL 4,481
POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS 4,483
MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE 4,484
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE 4,485
AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY 4,486
CONTRACTING SUBDIVISION DIRECTLY. THE EXERCISE OF THOSE POWERS, 4,487
PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES 4,488
BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE 4,489
GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR 4,490
CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING 4,491
EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES ARE 4,493
BEING RENDERED. ANY SUCH AGREEMENT SHALL NOT SUSPEND THE
POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION OF, 4,495
OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY TO 4,496
PERFORM ANY FUNCTION OR RENDER ANY SERVICE. A PORT AUTHORITY OR 4,497
ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF ANY 4,498
AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR
EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND 4,499
ON BEHALF OF, ANY OTHER SUBDIVISION UNLESS APPROVED BY A MAJORITY 4,502
OF THE ELECTORS OF THAT CONTRACTING SUBDIVISION. 4,503
Sec. 4582.46. The exercise of the powers granted by 4,512
sections 4582.22 to 4582.59 of the Revised Code will SHALL be for 4,514
the benefit of the people of the state, for the improvement of 4,515
their health, safety, convenience, and welfare, and for the 4,516
104
enhancement of their residential, agricultural, recreational, 4,517
economic, commercial, distributional DISTRIBUTION, research, and 4,518
industrial opportunities and is a public purpose. As the 4,520
operation and maintenance of port authority facilities will 4,521
constitute the performance of essential governmental functions, a 4,522
port authority shall not be required to pay any taxes or 4,523
assessments upon any port authority facility, upon any property 4,524
acquired or used by the port authority under sections 4582.22 to 4,525
4582.59 of the Revised Code, or upon the income therefrom, nor 4,526
shall the transfer to or from a port authority of title or 4,527
possession of any port authority facility, part thereof, or item 4,528
included or to be included in any such facility, be subject to 4,529
the taxes levied pursuant to Chapters 5739. and 5741. of the 4,530
Revised Code, provided, such THIS exemption does not apply to any 4,531
property belonging to any port authority while OCCUPIED AND USED 4,533
DURING A TAX YEAR BY a person WHO is a lessee of such THE 4,534
property AS OF THE TAX LIEN DATE FOR THAT TAX YEAR under A 4,535
written lease providing for a tenancy WITH A REMAINING TERM 4,536
longer than one year. The bonds and notes issued under this 4,538
chapter, their transfer, and the income therefrom, shall at all 4,539
times be free from taxation within the state. 4,540
Sec. 4582.47. (A) With respect to facilities, and their 4,549
financing, for industry, commerce, distribution, or research 4,550
AUTHORIZED PURPOSES, under agreements whereby the person to whom 4,552
the facility is to be leased, subleased, or sold, or to whom a 4,553
loan is to be made for the facility, is to make payments 4,554
sufficient to pay all of the principal of, premium, if any, and 4,555
interest on the port authority revenue bonds issued for the 4,556
facility, the port authority may, in addition to other powers 4,557
under sections 4582.22 to 4582.59 of the Revised Code, MAY DO ANY 4,558
OF THE FOLLOWING:
(1) Make loans for the acquisition or construction of the 4,560
facility to such person upon such terms as the port authority may 4,561
determine or authorize including secured or unsecured loans, and, 4,562
105
in connection therewith, enter into loan agreements and other 4,563
agreements, accept notes and other forms of obligation to 4,564
evidence such indebtedness and mortgages, liens, pledges, 4,565
assignments, or other security interests to secure such 4,566
indebtedness, which may be prior or subordinate to or on a parity 4,567
with other indebtedness, obligations, mortgages, pledges, 4,568
assignments, other security interests, or liens or encumbrances, 4,569
and take such actions as may be considered by it CONSIDERS 4,571
appropriate to protect such security and safeguard against 4,572
losses, including, without limitation, foreclosure and the 4,573
bidding upon and purchase of property upon foreclosure or other 4,574
sale;
(2) Sell such THE facility under such terms as it may 4,576
determine, including, without limitation, sale by conditional 4,577
sale or installment sale, under which title may pass prior to or 4,578
after completion of the facility or payment or provisions for 4,579
payment of all principal of, premium, if any, and interest on 4,580
such THE bonds, or at any other time provided in the agreement 4,581
pertaining to such THE sale, and including sale under an option 4,582
to purchase at a price which may be a nominal amount or less than 4,584
true value at the time of purchase; 4,585
(3) Grant a mortgage, lien, or other encumbrance on, or 4,587
pledge or assignment of, or other security interest with respect 4,588
to, all or any part of the facility, revenues, reserve funds, or 4,589
other funds established in connection with such THE bonds, or on, 4,591
of, or with respect to any lease, sublease, sale, conditional 4,592
sale or installment sale agreement, loan agreement, or other 4,593
agreement pertaining to the lease, sublease, sale, or other 4,594
disposition of a facility or pertaining to a loan made for a 4,595
facility, or any guaranty or insurance agreement made with 4,596
respect thereto, or any interest of the port authority therein, 4,597
or any other interest granted, assigned, or released to secure 4,598
payments of the principal of, premium, if any, or interest on the 4,599
bonds or to secure any other payments to be made by the port 4,600
106
authority, which mortgage, lien, encumbrance, pledge, assignment, 4,601
or other security interest may be prior or subordinate to or on a 4,602
parity with any other mortgage, assignment, or other security 4,603
interest, or lien or encumbrance; 4,604
(4) Provide that the interest on such THE bonds may be at 4,606
a variable rate or rates changing from time to time in accordance 4,607
with a base or formula as authorized by the port authority; 4,608
(5) Contract for the acquisition or construction of such 4,610
THE facility or any part thereof and for the leasing, subleasing, 4,611
sale, or other disposition of such THE facility in a manner 4,612
determined by the port authority in its sole discretion, without 4,613
necessity for competitive bidding or performance bonds. 4,614
(B) The port authority, in the lease, sale, or loan 4,616
agreement with respect to a facility referred to in division (A) 4,617
of this section, shall make; 4,618
(6) MAKE appropriate provision for adequate maintenance of 4,621
the facility.
(C)(B) With respect to the facilities referred to in this 4,623
section, the authority granted by this section is cumulative and 4,624
supplementary to all other authority granted in this chapter. The 4,626
authority granted by this section does not alter or impair any 4,627
similar authority granted elsewhere in this chapter for or with 4,628
respect to other facilities.
Sec. 4582.48. A port authority may at any time MAY issue 4,637
PORT AUTHORITY revenue bonds and notes in such principal amounts 4,638
as, in the opinion of the port authority, are necessary for the 4,640
purpose of paying the cost of one or more port authority 4,641
facilities or parts thereof. A port authority may at any time 4,642
MAY issue renewal notes, issue bonds to pay such RETIRE ITS notes 4,644
and whenever it deems CONSIDERS refunding expedient, refund any 4,646
bonds by the issuance of port authority revenue refunding bonds 4,647
of a political subdivision creating or participating in the 4,648
creation of the port authority whether the bonds to be refunded 4,649
have or have not matured, and issue PORT AUTHORITY REVENUE bonds 4,650
107
partly to refund bonds then outstanding BONDS and partly for any 4,651
other authorized purpose. The PORT AUTHORITY REVENUE refunding 4,653
bonds shall be sold and the proceeds applied to the purchase, 4,655
redemption, or payment of the bonds to be refunded. Except as 4,656
may otherwise be expressly provided by the port PORT authority, 4,657
every issue of its revenue bonds or notes shall be special 4,659
obligations of the port authority payable out of the revenues of 4,660
the port authority that are pledged for such payment, without 4,661
preference or priority of the first bonds issued, subject only to 4,662
any agreements with the holders of particular bonds or notes 4,663
pledging any particular revenues. Such THE pledge shall be valid 4,664
and binding from the time the pledge is made and the revenues so 4,666
pledged and thereafter received by the port authority shall 4,667
immediately SHALL be subject to the lien of the pledge without 4,669
any physical delivery thereof or further act, and the lien of any 4,670
such THE pledge is valid and binding as against all parties 4,672
having claims of any kind in tort, contract, or otherwise against 4,673
the port authority, irrespective of whether such THOSE parties 4,674
have notice thereof. Neither the resolution nor any trust 4,675
agreement by which a pledge is created need be filed or recorded 4,676
except in the records of the port authority. 4,677
Whether or not the PORT AUTHORITY REVENUE bonds or notes 4,679
are of such form and character as to be negotiable instruments, 4,681
the PORT AUTHORITY REVENUE bonds or notes shall have all the 4,683
qualities and incidents of negotiable instruments, subject only 4,684
to the provisions of the bonds or notes for registration. 4,685
The PORT AUTHORITY REVENUE bonds and notes shall be 4,687
authorized by resolution of the port authority, AND SHALL BEAR 4,689
INTEREST AT SUCH RATE OR RATES, shall bear such date or dates, 4,690
and shall mature at such time or times, in the case of any such 4,691
AND IN SUCH NUMBER OF INSTALLMENTS AS MAY BE PROVIDED IN OR 4,693
PURSUANT TO THAT RESOLUTION. THE FINAL MATURITY OF ANY PORT
AUTHORITY REVENUE BOND IN THE FORM OF A note or AND any renewals 4,696
thereof SHALL not exceeding EXCEED five years from the date of 4,697
108
issue of such THE original note and in the case of any such bond. 4,699
THE FINAL MATURITY OF ANY ORIGINAL ISSUE OF PORT AUTHORITY 4,700
REVENUE BONDS SHALL not exceeding EXCEED forty years from the 4,701
date of issue, and THE FINAL MATURITY OF ANY PORT AUTHORITY 4,702
REVENUE BONDS THAT REFUND OUTSTANDING PORT AUTHORITY REVENUE 4,703
BONDS SHALL NOT BE LATER THAN THE LATER OF FORTY YEARS FROM THE 4,704
DATE OF ISSUE OF THE ORIGINAL ISSUE OF BONDS OR THE DATE BY WHICH 4,705
IT IS EXPECTED, AT THE TIME OF ISSUANCE OF THE REFUNDING BONDS, 4,706
THAT THE USEFUL LIFE OF ALL OF THE PROPERTY REFINANCED WITH THE 4,707
PROCEEDS OF THE BONDS, OTHER THAN INTERESTS IN LAND, WILL HAVE 4,708
EXPIRED. ANY SUCH BONDS OR NOTES shall be executed in such A 4,711
manner as such THE resolution or resolutions may provide. The 4,713
PORT AUTHORITY REVENUE bonds and notes shall bear interest at 4,714
such rate or rates, be in such denominations, be in such form, 4,715
either coupon or registered, carry such registration privileges, 4,716
be payable in such medium of payment, at such place or places, 4,717
and be subject to such terms of redemption as the port authority 4,718
may authorize BE PROVIDED IN OR PURSUANT TO THE RESOLUTION 4,719
AUTHORIZING THEIR ISSUANCE. The PORT AUTHORITY REVENUE bonds and 4,721
notes of the port authority may be sold by the port authority, at 4,723
public or private sale, at or at not less than such A price or 4,725
prices as the port authority determines. In case any officer 4,726
whose signature or a facsimile of whose signature appears on any 4,727
bonds, notes, or coupons, ceases to be such officer before
delivery of bonds or notes, such THE signature or facsimile shall 4,729
nevertheless be sufficient for all purposes the same as if he THE 4,730
OFFICER had remained in office until such delivery, and in case 4,731
the seal of the port authority has been changed after a facsimile 4,733
has been imprinted on such bonds or notes, such THE facsimile 4,734
seal will continue to be sufficient for all purposes. 4,735
Any resolution or resolutions authorizing any PORT 4,737
AUTHORITY REVENUE bonds or notes or any issue of bonds or notes 4,739
may contain provisions, subject to such ANY agreements with 4,740
bondholders or noteholders as may then exist, which provisions 4,742
109
shall be a part of the contract with the holders of the bonds or 4,743
notes, as to the pledging of all or any part of the revenues of 4,744
the port authority to secure the payment of the PORT AUTHORITY 4,745
bonds or notes or of any issue of the bonds or notes; the use and 4,747
disposition of revenues of the port authority; a covenant to fix, 4,748
alter, and collect rentals and other charges so that pledged 4,749
revenues will be sufficient to pay costs of operation, 4,750
maintenance, and repairs, pay principal of and interest on bonds 4,751
or notes secured by the pledge of such revenues, and provide such 4,752
ANY reserves as THAT may be required by the applicable resolution 4,754
or trust agreement; the setting aside of reserve funds, sinking 4,755
funds, or replacement and improvement funds and the regulation 4,756
and disposition thereof; the crediting of the proceeds of the 4,757
sale of bonds or notes to and among the funds referred to or 4,758
provided for in OR PURSUANT TO the resolution authorizing the 4,760
issuance of the bonds or notes; the use, lease, sale, or other 4,761
disposition of any port authority facility or any other assets of 4,762
the port authority; limitations on the purpose to which the 4,763
proceeds of sale of bonds or notes may be applied and the
pledging of such THOSE proceeds to secure the payment of the 4,764
bonds or notes or of any issue of the bonds or notes; as to notes 4,766
issued in anticipation of the issuance of bonds, the agreement of 4,767
the port authority to do all things necessary for the 4,768
authorization, issuance, and sale of such THE bonds in such 4,769
amounts as THAT may be necessary for the timely retirement of 4,771
such THE notes; limitations on the issuance of additional bonds 4,773
or notes; the terms upon which additional bonds or notes may be 4,774
issued and secured; the refunding of outstanding bonds or notes; 4,775
the procedure, if any, by which the terms of any contract with 4,776
bondholders or noteholders may be amended or abrogated, the 4,777
amount of bonds or notes the holders of which must consent 4,778
thereto, and the manner in which such consent may be given; 4,779
limitations on the amount of moneys to be expended by the port 4,780
authority for operating, administrative, or other expenses of the 4,781
110
port authority; securing any bonds or notes by a trust agreement 4,782
in accordance with section 4582.50 of the Revised Code; and any 4,783
other matters, of like or different character, that in any way 4,784
affect the security or protection of the bonds or notes. 4,785
At least three days prior to the delivery of bonds issued 4,787
under authority of this section, the port authority shall send a 4,788
written notice by certified mail to the clerk of the legislative 4,789
authority of each political subdivision which participated in the 4,790
creation of the port authority advising such legislative 4,791
authority of the proposed delivery of the bonds, the amount of 4,792
the bonds, the user, and a general description of the facility or 4,793
facilities to be financed. 4,794
Neither the BOARD OF directors of the port authority nor 4,796
any person executing the bonds or notes shall be liable 4,797
personally on the bonds or notes or be subject to any personal 4,798
liability or accountability by reason of the issuance thereof. 4,799
Sec. 4582.50. In the discretion of the port authority, any 4,808
port authority revenue bonds issued under sections 4582.22 to 4,809
4582.59 of the Revised Code, may be secured by a trust agreement 4,810
between the port authority and a corporate trustee, which trustee 4,811
THAT may be any trust company or bank having the powers of a 4,812
trust company within or without the state. 4,813
Any such THE trust agreement may pledge or assign revenues 4,815
of the port authority to be received and may convey or mortgage 4,816
any port authority facility or any part thereof. Any such THE 4,817
trust agreement or any resolution providing for the issuance of 4,818
such bonds or notes may contain such ANY provisions for 4,819
protecting and enforcing the rights and remedies of the 4,821
bondholders or noteholders as are reasonable and proper and not 4,822
in violation of law, including covenants setting forth the duties 4,823
of the port authority in relation to the acquisition of property, 4,824
the construction, improvement, maintenance, repair, operation, 4,825
and insurance of the port authority facility in connection with 4,826
which such THE bonds or notes are authorized, the rentals or 4,827
111
other charges to be imposed for the use or services of any port 4,830
authority facility, the custody, safeguarding, and application of 4,831
all moneys, and provisions for the employment of consulting 4,832
engineers in connection with the construction or operation of 4,833
such THE port authority facility. Any bank or trust company 4,835
incorporated under the laws of this state that may act as 4,836
depository of the proceeds of bonds or notes or of revenues may 4,837
furnish such ANY indemnifying bonds or may pledge such ANY 4,839
securities as THAT are required by the port authority. Any such 4,841
THE trust agreement may set forth the rights and remedies of the 4,843
bondholders and noteholders and of the trustee, and may restrict 4,844
the individual right of action by bondholders and noteholders as 4,845
is customary in trust agreements or trust indentures securing 4,846
similar bonds. Such THE trust agreement may contain such ANY 4,847
other provisions as THAT the port authority determines reasonable 4,849
and proper for the security of the bondholders or noteholders. 4,850
All expenses incurred in carrying out the provisions of any such 4,851
THE trust agreement may be treated as a part of the cost of the 4,853
operation of the port authority facility.
Sec. 4582.52. Port authority revenue bonds issued under 4,862
sections 4582.22 to 4582.59 of the Revised Code do not constitute 4,863
a debt, or a pledge of the faith and credit, of the state or any 4,864
political subdivision of the state, and the holders or owners of 4,865
the bonds have no right to have taxes levied by the general 4,866
assembly or taxing authority of any political subdivision of the 4,867
state for the payment of the principal of or interest on the 4,868
bonds, but such THE bonds and notes are payable solely from the 4,870
revenues and funds pledged for their payment as authorized by 4,871
such THOSE sections, unless the notes are issued in anticipation 4,872
of the issuance of bonds or the bonds are refunded by refunding 4,874
bonds issued under such THOSE sections, which bonds or refunding 4,875
bonds shall be payable solely from revenues and funds pledged for 4,877
their payment as authorized by such THOSE sections. All such THE 4,879
bonds and notes shall contain on the face thereof a statement to 4,880
112
the effect that the bonds or notes, as to both principal and 4,881
interest, are not debts of the state or any political subdivision 4,882
of the state, but are payable solely from revenues and funds 4,883
pledged for their payment. 4,884
Sec. 4582.54. Moneys in the funds of the port authority, 4,893
except as otherwise provided in any resolution authorizing the 4,894
issuance of its port authority revenue bonds or in any trust 4,895
agreement securing the same, in excess of current needs, may be 4,897
invested in notes, bonds, or other obligations of the United
States or any agency or instrumentality of the United States, or 4,898
in obligations of this state or any political subdivision of this 4,900
state AS PERMITTED BY SECTIONS 135.01 TO 135.21 OF THE REVISED 4,901
CODE. Income from all such investments of moneys in any fund 4,903
shall be credited to such funds as the port authority determines, 4,904
subject to the provisions of any such resolution or trust 4,905
agreement, and such investments may be sold at such ANY time as 4,907
the port authority determines. 4,908
Sec. 4582.58. (A) All final actions of the port authority 4,917
shall be journalized and such THE journal and the records of the 4,920
port authority shall be open to public inspection at all 4,922
reasonable times, except that any records or information relating 4,923
to marketing plans, specific business strategy, financial
projections, financial statements, or secret processes or secret 4,925
methods of manufacture or production that may be obtained by the 4,926
port authority or other persons acting under sections 4582.22 to 4,927
4852.59 of the Revised Code are confidential and shall not be 4,928
disclosed. NOT LATER THAN THE FIRST DAY OF APRIL EVERY YEAR, 4,929
EVERY PORT AUTHORITY SHALL SUBMIT A REPORT TO THE DIRECTOR OF
DEVELOPMENT DETAILING THE PROJECTS AND ACTIVITIES OF THE PORT 4,930
AUTHORITY DURING THE PREVIOUS CALENDAR YEAR. THE REPORT SHALL 4,931
INCLUDE, BUT NOT BE LIMITED TO, ALL ASPECTS OF THOSE PROJECTS AND 4,932
ACTIVITIES, INCLUDING THE PROGRESS AND STATUS OF THE PROJECTS AND 4,933
THEIR COSTS, AND ANY OTHER INFORMATION THE DIRECTOR DETERMINES 4,934
SHOULD BE INCLUDED IN THE REPORT.
113
(B) FINANCIAL AND PROPRIETARY INFORMATION, INCLUDING TRADE 4,937
SECRETS, SUBMITTED BY OR ON BEHALF OF AN EMPLOYER TO A PORT 4,938
AUTHORITY OR TO A NONPROFIT CORPORATION ENGAGED BY CONTRACT TO 4,939
PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR A PORT AUTHORITY, IN 4,940
CONNECTION WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, 4,941
OR PRESERVATION OF THE BUSINESS OF THAT EMPLOYER IS NOT A PUBLIC 4,942
RECORD SUBJECT TO SECTION 149.43 OF THE REVISED CODE. ANY OTHER 4,944
INFORMATION SUBMITTED BY SUCH AN EMPLOYER UNDER THOSE 4,945
CIRCUMSTANCES IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF 4,946
THE REVISED CODE UNTIL THAT EMPLOYER COMMITS IN WRITING TO 4,949
PROCEED WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR 4,950
PRESERVATION.
(C) NOTWITHSTANDING SECTION 121.22 OF THE REVISED CODE, 4,954
THE BOARD OF DIRECTORS OF A PORT AUTHORITY AND THE BOARD OF 4,955
TRUSTEES OF A NONPROFIT CORPORATION DESCRIBED IN DIVISION (B) OF 4,957
THIS SECTION, AND ANY COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN 4,958
CONSIDERING INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS 4,959
SECTION, MAY CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT 4,960
INFORMATION PURSUANT TO A VOTE OF THE MAJORITY OF THE MEMBERS 4,961
PRESENT ON A MOTION STATING THAT SUCH INFORMATION IS TO BE 4,962
CONSIDERED. NO OTHER MATTERS SHALL BE CONSIDERED DURING THE 4,963
CLOSED SESSION. 4,964
Sec. 4582.99. Whoever violates division (M)(N) of section 4,973
4582.06 or division (N) of section 4582.31 of the Revised Code is 4,975
guilty of a minor misdemeanor.
Section 2. That existing sections 9.981, 109.71, 109.77, 4,977
109.78, 349.01, 2901.01, 2921.51, 2935.01, 2935.03, 4582.01, 4,979
4582.02, 4582.023, 4582.03, 4582.04, 4582.041, 4582.05, 4582.06, 4,980
4582.10, 4582.11, 4582.12, 4582.17, 4582.20, 4582.201, 4582.202, 4,981
4582.21, 4582.22, 4582.25, 4582.26, 4582.27, 4582.28, 4582.29, 4,983
4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38, 4582.43, 4,984
4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 4582.54, 4582.58, 4,985
and 4582.99 and sections 4582.021, 4582.022, 4582.23, 4582.24,
and 4582.56 of the Revised Code are hereby repealed. 4,986