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           

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
      (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;                                                                      

                                                          7      


                                                                 
      (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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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.                                                     

                                                          12     


                                                                 
      (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.                                                                        

                                                          13     


                                                                 
      (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          

                                                          15     


                                                                 
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          

                                                          16     


                                                                 
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