As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 295  5            

      1999-2000                                                    6            


     SENATOR OELSLAGER REPRESENTATIVES OLMAN-COLLIER-BUEHRER       8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 4561.01, 4561.05, 4561.15,          12           

                5501.20, 5501.31, 5501.32, 5501.34, 5501.45,       13           

                5501.50, 5511.01, 5511.07, 5515.02, 5515.04,       15           

                5521.01, 5525.14, 5537.02, and 5537.07, to enact                

                section 5525.23, and to repeal sections 4561.10,   16           

                4582.07, 4582.08, 4582.09, 4582.32, 4582.33,       17           

                4582.34, and 5501.37 of the Revised Code to                     

                revise the law governing Department of             18           

                Transportation construction contracts, to revise   19           

                the sale and acquisition of property by the                     

                Department of Transportation, to make other        21           

                changes in the law governing the Department of     22           

                Transportation, to increase from $10,000 to        24           

                $35,000 the value above which an Ohio Turnpike                  

                Commission contract must be competitively bid, to  25           

                allow members of the Ohio Turnpike Commission who  26           

                are appointed by the Governor to receive health                 

                care benefits, to repeal requirements for a port   28           

                authority to have a plan for future development,   29           

                and to make certain changes in the aeronautics     31           

                law.                                                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 4561.01, 4561.05, 4561.15,         35           

5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 5501.50, 5511.01,     38           

5511.07, 5515.02, 5515.04, 5521.01, 5525.14, 5537.02, and 5537.07               

be amended and section 5525.23 of the Revised Code be enacted to   39           

                                                          2      


                                                                 
read as follows:                                                   40           

      Sec. 4561.01.  As used in sections 4561.01 to 4561.151 of    50           

the Revised Code:                                                  51           

      (A)  "Aviation" means transportation by aircraft; operation  53           

of aircraft; the establishment, operation, maintenance, repair,    54           

and improvement of airports, landing fields, and other air         55           

navigation facilities; and all other activities connected          56           

therewith or incidental thereto.                                   57           

      (B)  "Aircraft" means any contrivance used or designed for   59           

navigation or flight in the air, excepting a parachute or other    60           

contrivance for such navigation used primarily as safety           61           

equipment.                                                         62           

      (C)  "Airport" means any location either on land or water    64           

which is used for the landing and taking off of aircraft.          65           

      (D)  "Landing field" means any location either on land or    67           

water of such size and nature as to permit the landing or taking   68           

off of aircraft with safety, and used for that purpose but not     69           

equipped to provide for the shelter, supply, or care of aircraft.  70           

      (E)  "Air navigation facility" means any facility used,      72           

available for use, or designed for use in aid of navigation of     73           

aircraft, including airports, landing fields, facilities for the   74           

servicing of aircraft or for the comfort and accommodation of air  75           

travelers, and any structures, mechanisms, lights, beacons,        76           

marks, communicating systems, or other instrumentalities or        77           

devices used or useful as an aid to the safe taking off,           78           

navigation, and landing of aircraft, or to the safe and efficient  79           

operation or maintenance of an airport or landing field, and any   80           

combination of such facilities.                                    81           

      (F)  "Air navigation hazard" means any structure, object of  83           

natural growth, or use of land, that obstructs the air space       85           

required for the flight of aircraft in landing or taking off at    86           

any airport or landing field, or that otherwise is hazardous to    88           

such landing or taking off.                                        89           

      (G)  "Air navigation," "navigation of aircraft," or          91           

                                                          3      


                                                                 
"navigate aircraft" means the operation of aircraft in the air     92           

space over this state.                                             93           

      (H)  "Airman AIRPERSON" means any individual who, as the     95           

person in command, or as pilot, mechanic, or member of the crew,   97           

engages in the navigation of aircraft.                             98           

      (I)  "Airway" means a route in the air space over and above  100          

the lands or waters of this state, designated by the Ohio          101          

aviation board FEDERAL AVIATION ADMINISTRATION as a route          102          

suitable for the navigation of aircraft.                           104          

      (J)  "Person" means any individual, firm, partnership,       106          

corporation, company, association, joint stock association, or     107          

body politic, and includes any trustee, receiver, assignee, or     108          

other similar representative thereof.                              109          

      Sec. 4561.05.  The department of transportation shall        118          

administer and enforce sections 4561.01 to 4561.151 of the         120          

Revised Code.  The department may adopt and promulgate such rules               

and regulations as it deems DETERMINES necessary to carry out      121          

such sections.  All rules and regulations adopted by the Ohio      123          

aviation board as of September 17, 1957, shall be valid rules and  124          

regulations of the department of transportation until such time    125          

as said rules and regulations may be rescinded or revoked.         126          

      The department may issue and amend orders, and make,         128          

promulgate, and amend, reasonable general and special rules,       129          

regulations, and procedure, and establish minimum standards.       130          

      The department may establish safety regulations governing    132          

air navigation hazards, the location, size, use, and equipment of  133          

airports and landing areas, and regulations governing air          134          

marking, the use of signs or lights designed to be visible from    135          

the air, and other air navigation facilities.                      136          

      All rules, regulations, and amendments thereto, prescribed   138          

by the department, shall conform to and coincide with, so far as   139          

possible, the "Civil Aeronautics Act of 1938," 52 Stat. 973, 49    140          

U.S.C. 401, and acts amendatory thereto, passed by the congress    141          

of the United States, and the air commerce regulations issued      142          

                                                          4      


                                                                 
pursuant thereto.                                                  143          

      All acts of the department authorized under this section     145          

shall be carried on in conformity with sections 119.01 to 119.13   146          

of the Revised Code.                                               147          

      Sec. 4561.15.  (A)  No person shall commit any of the        157          

following acts:                                                    158          

      (1)  Carry passengers in an aircraft unless the person       160          

piloting the aircraft is a holder of a valid airman's AIRPERSON'S  162          

certificate of competency in the grade of private pilot or higher  163          

issued by the United States; this division.  DIVISION (A)(1) of    165          

this section is inapplicable to the operation of military          166          

aircraft of the United States, aircraft of a state, territory, or  167          

possession of the United States, or aircraft licensed by a         168          

foreign country with which the United States has a reciprocal      169          

agreement covering the operation of such aircraft.                 170          

      (2)  Operate an aircraft on the land or water or in the air  172          

space over this state in a careless or reckless manner that        173          

endangers any person or property, or with willful or wanton        174          

disregard for the rights or safety of others.                      175          

      (3)  Operate an aircraft on the land or water or in the air  177          

space over this state while under the influence of intoxicating    178          

liquor, controlled substances, or other habit-forming drugs.       179          

      (4)  Tamper with, alter, destroy, remove, carry away, or     181          

cause to be carried away any object used for the marking of        182          

airports, landing fields, or other aeronautical facilities in      183          

this state, or in any way change the position or location of such  184          

markings, except by the direction of the proper authorities        185          

charged with the maintenance and operation of such facilities, or  186          

illegally possess any object used for such markings.               187          

      (B)  Jurisdiction over any proceedings charging a violation  189          

of this section is limited to courts of record.                    191          

      Sec. 5501.20.  (A)  As used in this section:                 200          

      (1)  "Career professional service" means that part of the    202          

competitive classified service that consists of employees of the   203          

                                                          5      


                                                                 
department of transportation who, regardless of job                204          

classification, meet both of the following qualifications:         205          

      (a)  They are supervisors, professional employees who are    207          

not in a collective bargaining unit, confidential employees, or    209          

management level employees, all as defined in section 4117.01 of   210          

the Revised Code.                                                               

      (b)  They exercise authority that is not merely routine or   213          

clerical in nature and report only to a higher level unclassified  214          

employee or employee in the career professional service.           215          

      (2)  "Demoted" means that an employee is placed in a         217          

position where the employee's wage rate equals, or is not more     218          

than twenty per cent less than, the employee's wage rate           219          

immediately prior to demotion or where the employee's job          220          

responsibilities are reduced, or both.                                          

      (3)  "Employee in the career professional service with       222          

restoration rights" means an employee in the career professional   224          

service who has been in the classified civil service for at least  225          

two years and who has a cumulative total of at least ten years of  226          

continuous service with the department of transportation.          227          

      (B)  Not later than the first day of July of each            230          

odd-numbered year, the director of transportation shall adopt a    231          

rule in accordance with section 111.15 of the Revised Code that    233          

establishes a business plan for the department of transportation   234          

that states the department's mission, business objectives, and     235          

strategies and that establishes a procedure by which employees in  236          

the career professional service will be held accountable for       237          

their performance.  The director shall adopt a rule that           238          

establishes a business plan for the department only once in each   239          

two years.  Within sixty days after the effective date of a rule   241          

that establishes a business plan for the department, the director               

shall adopt a rule in accordance with section 111.15 of the        243          

Revised Code that identifies specific positions within the         244          

department of transportation that are included in the career       245          

professional service.  The director may amend the rule that        246          

                                                          6      


                                                                 
identifies the specific positions included in the career                        

professional service only within sixty days after WHENEVER the     247          

director adopts a rule that establishes a business plan for the    248          

department DETERMINES NECESSARY.  Any rule adopted under this      250          

division is subject to review and invalidation by the joint        251          

committee on agency rule review as provided in division (D) of     253          

section 111.15 of the Revised Code.  The director shall provide a  254          

copy of any rule adopted under this division to the director of    256          

budget and management.                                             257          

      Except as otherwise provided in this section, an employee    260          

in the career professional service is subject to the provisions    261          

of Chapter 124. of the Revised Code that govern employees in the   263          

classified civil service.                                                       

      (C)  After an employee is appointed to a position in the     266          

career professional service, the employee's direct supervisor                   

shall provide the employee appointed to that position with a       268          

written performance action plan that describes the department's    269          

expectations for that employee in fulfilling the mission,          270          

business objectives, and strategies stated in the department's                  

business plan.  No sooner than four months after being appointed   271          

to a position in the career professional service, an employee      273          

appointed to that position shall receive a written performance     274          

review based on the employee's fulfillment of the mission,         275          

business objectives, and strategies stated in the department's     276          

business plan.  After the initial performance review, the          277          

employee shall receive a written performance review at least once  278          

each year or as often as the director considers necessary.  The    279          

department shall give an employee whose performance is             281          

unsatisfactory an opportunity to improve performance for a period  282          

of at least six months, by means of a written corrective action    283          

plan, before the department takes any disciplinary action under    284          

this section or section 124.34 of the Revised Code.  The           285          

department shall base its performance review forms on its          286          

business plan.                                                                  

                                                          7      


                                                                 
      (D)  An employee in the career professional service may be   289          

suspended, demoted, or removed because of performance that         290          

hinders or restricts the fulfillment of the department's business  291          

plan or for disciplinary reasons under section 124.34 or 124.57    292          

of the Revised Code.  An employee in the career professional       293          

service may appeal only the employee's removal to the state        294          

personnel board of review.  An employee in the career              297          

professional service may appeal a demotion or a suspension of      298          

more than three days pursuant to rules the director adopts in      299          

accordance with section 111.15 of the Revised Code.                301          

      (E)  An employee in the career professional service with     304          

restoration rights has restoration rights if demoted because of    305          

performance that hinders or restricts fulfillment of the mission,  306          

business objectives, or strategies stated in the department's      307          

business plan, but not if involuntarily demoted or removed for     308          

any of the reasons described in section 124.34 or for a violation  309          

of 124.57 of the Revised Code.  The director shall demote an       311          

employee who has restoration rights of that nature to a position   313          

in the classified service that in the director's judgment is                    

similar in nature to the position the employee held immediately    315          

prior to being appointed to the position in the career                          

professional service.  The director shall assign to an employee    316          

who is demoted to a position in the classified service as          318          

provided in this division a wage rate that equals, or that is not  319          

more than twenty per cent less than, the wage rate assigned to     320          

the employee in the career professional service immediately prior  321          

to the employee's demotion.                                                     

      (F)  This section establishes a pilot program for employees  324          

in the career professional service of the department of            325          

transportation.  At the end of each fiscal biennium that this      326          

program is in effect, the director of transportation shall         328          

prepare a report describing and evaluating the operation of the    329          

program and forward a copy of the report to the governor,          330          

director of administrative services, speaker of the house of       331          

                                                          8      


                                                                 
representatives, and president of the senate.                                   

      (G)  No person shall be appointed to a position in the       333          

career professional service of the Department of Transportation    334          

after June 30, 2003, including for the purpose of filling a        335          

vacancy within the career professional service that occurs for     336          

any reason.                                                                     

      Sec. 5501.31.  The director of transportation shall have     345          

general supervision of all roads comprising the state highway      346          

system.  The director may alter, widen, straighten, realign,       347          

relocate, establish, construct, reconstruct, improve, maintain,    349          

repair, and preserve any road or highway on the state highway      350          

system, and, in connection therewith, relocate, alter, widen,      351          

deepen, clean out, or straighten the channel of any watercourse    352          

as the director considers necessary, and purchase or appropriate   354          

property for the disposal of surplus materials or borrow pits,     355          

and, where an established road has been relocated, establish,      356          

construct, and maintain such connecting roads between the old and  357          

new location as will provide reasonable access thereto.            358          

      The director may purchase or appropriate property necessary  360          

for the location or construction of any culvert, bridge, or        361          

viaduct, or the approaches thereto, including any property needed  362          

to extend, widen, or alter any feeder or outlet road, street, or   363          

way adjacent to or under the bridge or viaduct when the            364          

extension, widening, or alteration of the feeder road, street, or  365          

way is necessary for the full utilization of the bridge or         366          

viaduct, or for any other highway improvement.  The director also  367          

may purchase or appropriate, for such length of time as is         368          

necessary and desirable, any additional property required for the  369          

construction and maintenance of slopes, detour roads, sewers,      370          

roadside parks, rest areas, recreational park areas, PARK AND      371          

RIDE FACILITIES, AND PARK AND CARPOOL OR VANPOOL FACILITIES,       372          

scenic view areas, drainage systems, or land to replace wetlands   373          

incident to any highway improvement, that the director is or may   374          

be authorized to locate or construct.  Title to property           376          

                                                          9      


                                                                 
purchased or appropriated by the director shall be taken in the    377          

name of the state either in fee simple or in any lesser estate or  378          

interest that the director considers necessary or proper, in       379          

accordance with forms to be prescribed by the attorney general.    380          

The deed shall contain a description of the property and be        381          

recorded in the county where the property is situated and, when    382          

recorded, shall be kept on file in the department of               383          

transportation.                                                                 

      Provided that when property, other than property used by a   385          

railroad for operating purposes, is acquired in connection with    386          

improvements involving projects affecting railroads wherein the    387          

department is obligated to acquire property under grade            389          

separation statutes, or on other improvements wherein the          390          

department is obligated to acquire lands under agreements with     391          

railroads, or with a public utility, political subdivision,                     

public corporation, or private corporation owning transportation   393          

facilities for the readjustment, relocation, or improvement of     395          

their facilities, a fee simple title or an easement may be         397          

acquired by purchase or appropriation in the name of the           398          

railroad, public utility, political subdivision, public            399          

corporation, or private corporation in the discretion of the       400          

director.  When the title to lands, which are required to adjust,  401          

relocate, or improve such facilities pursuant to agreements with   403          

the director, is taken in the name of the state, the lands THEN,   404          

in the discretion of the director, THE TITLE TO SUCH LANDS may be  405          

conveyed in fee simple or the right acquired to the railroad,      407          

public utility, political subdivision, or public corporation for   409          

which they were acquired.  The conveyance shall be prepared by     410          

the attorney general and executed by the governor and bear the     411          

great seal of the state of Ohio.                                                

      The director, in the maintenance or repair of state          413          

highways, is not limited to the use of the materials with which    414          

the highways, including the bridges and culverts thereon, were     415          

originally constructed, but may use any material that is proper    417          

                                                          10     


                                                                 
or suitable.  The director may aid any board of county             418          

commissioners in establishing, creating, and repairing suitable    419          

systems of drainage for all highways within the jurisdiction or    420          

control of the board and advise with it as to the establishment,   421          

construction, improvement, maintenance, and repair of the          422          

highways.                                                          423          

      Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,    425          

5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533.,     426          

and 5535. of the Revised Code do not prohibit the federal          427          

government, or any individual or corporation, from contributing a  428          

portion of the cost of the establishment, construction,            429          

reconstruction, relocating, widening, resurfacing, maintenance,    430          

and repair of the highways.                                        431          

      Except in the case of maintaining, repairing, erecting       433          

traffic signs on, or pavement marking of state highways within     434          

villages, which is mandatory as required by section 5521.01 of     435          

the Revised Code, and except as provided in section 5501.49 of     436          

the Revised Code, no duty of constructing, reconstructing,         437          

widening, resurfacing, maintaining, or repairing state highways    438          

within municipal corporations, or the bridges and culverts         439          

thereon, shall attach to or rest upon the director, but the        440          

director may construct, reconstruct, widen, resurface, maintain,   442          

and repair the same with or without the cooperation of any         443          

municipal corporation, or with or without the cooperation of       444          

boards of county commissioners upon each municipal corporation     445          

consenting thereto.                                                446          

      Sec. 5501.32.  The director of transportation may purchase   455          

property in fee simple in the name of the state by warranty deed,  456          

and all or any part of a tract of land when the acquisition of a   457          

part of the land needed for highway purposes will result in        458          

substantial damages to the residue by severance, controlled        459          

access, or isolation.  The warranty deed shall contain a           460          

description of the property suitable for platting on tax maps.     461          

Any instrument by which real property is acquired pursuant to      462          

                                                          11     


                                                                 
this section shall identify the agency of the state that has the   463          

use and benefit of the real property as specified in section       464          

5301.012 of the Revised Code.                                                   

      The director, in the name of the state, may sell all the     466          

right, title, and interest of the state in any part of land not    467          

required for highway purposes, provided the director shall have    468          

the parcel of land appraised by a department prequalified          469          

appraiser.                                                         470          

      Except as otherwise provided in this section, the director   472          

shall advertise the sale of land not required for highway          474          

purposes in a newspaper of general circulation in the county in    475          

which the land is situated for at least two consecutive weeks                   

prior to the date set for the sale.  The land may be sold at       477          

public auction to the highest bidder for not less than two-thirds  478          

of its appraised value, but the director may reject all bids that  479          

are less than the full appraised value of the land.                480          

      If, however, land not required for highway purposes is       482          

appraised as having a current fair market value of five thousand   484          

dollars or less, the director may sell the land to the sole        485          

abutting owner through a private sale at a price not less than     486          

its appraised value.  If there is more than one abutting owner,    487          

the director may invite all of the abutting owners to submit       488          

sealed bids and may sell the land to the highest bidder at not     489          

less than its appraised value.                                                  

      All expense incurred in the sale of each parcel of land      491          

shall be paid out of the proceeds of the sale and the balance      492          

shall be deposited in the highway fund from which the purchase     493          

was made.                                                          494          

      The deed to the purchaser of land under this section shall   497          

be prepared by the auditor of state, executed by the governor,                  

countersigned by the secretary of state, and shall bear the great  499          

seal of the state.                                                              

      Sec. 5501.34.  (A)  In the event that circumstances alter    508          

the highway requirements after the director of transportation has  509          

                                                          12     


                                                                 
purchased and acquired property from the administrator of          510          

workers' compensation or retirement board, or otherwise, so that   511          

the REAL property, or part thereof, is no longer required for      512          

highway purposes, the director, in the name of the state, may      513          

sell all the right, title, and interest of the state in any of     514          

the real property.  As soon as reasonably practical after AFTER    515          

determining that any A PARCEL of the real property is no longer    517          

required for highway purposes, the director shall have the parcel  519          

of land appraised by a department prequalified appraiser.          520          

      (B)  Except as otherwise provided in this section, the       522          

director shall advertise the sale OF REAL PROPERTY THAT IS NO      523          

LONGER REQUIRED FOR HIGHWAY PURPOSES in a newspaper of general     525          

circulation in the county in which the land REAL PROPERTY is       526          

situated for at least two consecutive weeks prior to the date set  528          

for the sale.  The land REAL PROPERTY may be sold at public        529          

auction to the highest bidder for not less than two-thirds of its  531          

appraised value, but the director may reject all bids that are     532          

less than the full appraised value of the land REAL PROPERTY.      533          

However, if no sale has been effected after an effort to sell      535          

under this paragraph DIVISION, the director may set aside the      536          

appraisement APPRAISAL, order a new appraisement APPRAISAL, and,   538          

except as otherwise provided in this section, readvertise the      540          

property for sale.                                                              

      (C)  If land not REAL PROPERTY NO LONGER required for        542          

highway purposes is appraised or reappraised as having a current   545          

fair market value of five TWENTY thousand dollars or less, the     548          

director may sell the land REAL PROPERTY to the sole abutting      549          

owner through a private sale at a price not less than the          550          

appraised value.  If there is more than one abutting owner, the    551          

director may invite all of the abutting owners to submit sealed    552          

bids and may sell the land REAL PROPERTY to the highest bidder at  553          

not less than its appraised value.                                 555          

      (D)  If such land REAL PROPERTY NO LONGER REQUIRED FOR       557          

HIGHWAY PURPOSES is APPRAISED OR reappraised as having a fair      558          

                                                          13     


                                                                 
market value of one TWO thousand dollars or less, and no sale has  560          

been effected after an effort to sell to the abutting owner or     562          

owners, the director may readvertise and ADVERTISE THE SALE OF     563          

SUCH REAL PROPERTY IN ACCORDANCE WITH DIVISION (B) OF THIS         564          

SECTION.  THE DIRECTOR MAY sell the land at public auction to the  566          

highest bidder WITHOUT REGARD TO ITS APPRAISED VALUE, BUT THE                   

DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE FULL           567          

APPRAISED VALUE OF THE REAL PROPERTY.                              568          

      (E)  THE DEPARTMENT SHALL PAY ALL EXPENSES INCURRED IN THE   570          

SALE OF A PARCEL OF REAL PROPERTY OUT OF THE PROCEEDS OF THE SALE  571          

AND SHALL DEPOSIT THE BALANCE OF THE PROCEEDS IN THE HIGHWAY FUND  573          

USED TO ACQUIRE THAT PARCEL OF REAL PROPERTY.                                   

      (F)  UPON A DETERMINATION THAT REAL PROPERTY PREVIOUSLY      575          

ACQUIRED WITHIN A HIGHWAY IMPROVEMENT PROJECT CORRIDOR NO LONGER   576          

IS NEEDED FOR HIGHWAY PURPOSES, THE DIRECTOR MAY OFFER THE         577          

UNNEEDED PROPERTY TO ANOTHER LANDOWNER LOCATED WITHIN THAT         578          

PROJECT'S CORRIDOR AS FULL OR PARTIAL CONSIDERATION FOR OTHER      579          

REAL PROPERTY TO BE ACQUIRED FROM THE LANDOWNER.  IF THE           580          

LANDOWNER ACCEPTS THE OFFER, THE DIRECTOR SHALL CONVEY THE         581          

UNNEEDED PROPERTY DIRECTLY TO THE LANDOWNER AT THE FULL FAIR       582          

MARKET VALUE DETERMINED BY THE DEPARTMENT BY APPRAISAL.  THE       583          

DIRECTOR SHALL CREDIT THE VALUE OF THE UNNEEDED PROPERTY AGAINST   584          

THE ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED BY THE        585          

DEPARTMENT, AND THE LANDOWNER SHALL PAY THE DEPARTMENT THE         586          

DIFFERENCE IF THE VALUE OF THE UNNEEDED PROPERTY EXCEEDS THE       587          

ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED.                               

      (G)  Conveyances of the lands REAL PROPERTY UNDER THIS       589          

SECTION shall be by deed executed by the governor, SHALL bear the  591          

great seal of the state of Ohio, and shall be in the form as       592          

prescribed by the attorney general.  Section 5301.13 of the        593          

Revised Code, relating to the sale of public lands, shall not      594          

apply to conveyances made pursuant to this section.  The director  595          

shall keep a record of all such conveyances.  THIS SECTION         596          

APPLIES TO ALL REAL PROPERTY ACQUIRED BY THE DEPARTMENT,           597          

                                                          14     


                                                                 
REGARDLESS OF HOW OR FROM WHOM THE PROPERTY WAS ACQUIRED.                       

      Sec. 5501.45.  (A)  The director of transportation may       606          

convey or transfer the fee simple estate or any lesser estate or   607          

interest in, or permit the use of, for such period as the          608          

director shall determine, any lands owned by the state and         609          

acquired or used for the state highway system or for highways or   610          

in connection with highways or as incidental to the acquisition    611          

of land for highways, provided that the director determines,       612          

after consulting with the director of natural resources, that the  614          

property or interest conveyed or made subject to a permit to use   615          

is not needed by the state for highway or recreation purposes.     616          

Such conveyance, transfer, or permit to use may be to the grantee  617          

or permittee or to the grantee or permittee and the grantee's or   618          

its successors and assigns and shall be of such portion of such    620          

lands as the director shall determine, which shall be described    621          

in the deed, transfer, or other instrument or conveyance and in    622          

any permit to use, and may include or be limited to areas or       623          

space on, above, or below the surface, and also may include the    624          

grant of easements or other interests in any such lands for use    625          

by the grantee for buildings or structures or for other uses and   626          

purposes, and for the support of buildings or structures           627          

constructed or to be constructed on or in the lands or areas or    628          

space conveyed or made subject to a permit to use.                              

      (B)  Whenever pursuant to this section separate units of     630          

property are created in any lands, each unit shall for all         631          

purposes constitute real property and shall be deemed real estate  632          

within the meaning of all provisions of the Revised Code, shall    634          

be deemed to be a separate parcel for all purposes of taxation     635          

and assessment of real property, and no other unit or other part   636          

of such lands shall be charged with the payment of such taxes and  637          

assessments.                                                                    

      (C)  With respect to any portion of the state highway        639          

system not owned in fee simple by the state, the director may      640          

permit the use of any portion thereof in perpetuity or for such    641          

                                                          15     


                                                                 
period of time as the director shall specify, including areas or   642          

space on, above, or beneath the surface, together with rights for  644          

the support of buildings or structures constructed or to be        645          

constructed thereon or therein, provided that the director         646          

determines that the portion made subject to a right to use is not  647          

needed by the state for highway purposes.                          648          

      (D)  The director shall require, as either a condition       650          

precedent or a condition subsequent to any conveyance, transfer,   651          

or grant or permit to use, that the plans and specifications for   652          

all such buildings or structures and the contemplated use          653          

thereof, be approved by the director as not interfering with the   654          

use of the state highway system and not unduly endangering the     656          

public.  The director may require such indemnity agreements in     657          

favor of the director and the public as shall be lawful and as     658          

shall be deemed necessary by the director.  The director shall     659          

not unreasonably withhold approval of such plans, specifications,  660          

and contemplated use.                                                           

      (E)(1)  All such conveyances, transfers, grants, or permits  662          

to use that are made to state institutions, agencies,              663          

commissions, instrumentalities, political subdivisions, or taxing  664          

districts of the state, and institutions receiving financial       665          

assistance from the state, shall be upon such consideration as     666          

shall be determined by the director to be fair and reasonable,     667          

without competitive bidding, and sections 5301.13 and 5515.01 of   668          

the Revised Code, relating to the sale or use of public lands      669          

shall not apply to conveyances, grants, transfers, or permits to   670          

use made pursuant to this section DIVISION.  AN INSTITUTION        671          

RECEIVING FINANCIAL ASSISTANCE FROM THE STATE SHALL PROVIDE THE    672          

DIRECTOR WITH ACCEPTABLE DOCUMENTARY EVIDENCE OF THE STATE LOAN,   673          

GRANT, OR OTHER STATE FINANCIAL ASSISTANCE.  All such              674          

      (2)  AS USED IN THIS DIVISION, "INSTITUTION RECEIVING        676          

FINANCIAL ASSISTANCE FROM THE STATE" INCLUDES ANY PUBLIC OR        677          

PRIVATE ORGANIZATION, ESPECIALLY ONE OF A CHARITABLE, CIVIC, OR    678          

EDUCATIONAL CHARACTER, IN RECEIPT OF A STATE LOAN, GRANT, OR       679          

                                                          16     


                                                                 
OTHER TYPE OF STATE FINANCIAL ASSISTANCE.                                       

      (F)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,     681          

ALL conveyances, grants, or permits to use that are made to        683          

private persons, firms, or corporations shall be to the highest    685          

bidder at public auction CONDUCTED in accordance with the          687          

procedure set forth in section 5501.32 5501.311 OR 5501.34 of the  688          

Revised Code, AS APPLICABLE.                                       689          

      (G)  In any case where the director has acquired or          691          

acquires, for the state highway system, easements in or permits    692          

to use areas or space on, above, or below the surface, the         693          

director may extinguish them in whole or in part or subordinate    694          

them to uses by others, provided that the director determines      695          

that the easements or permit to use so extinguished or             697          

subordinated are not needed by the state for highway purposes.                  

THE DIRECTOR SHALL MAKE ANY EXTINGUISHMENTS TO THE CURRENT         698          

UNDERLYING FEE OWNER OF RECORD AT NO COST.                         699          

      (H)  No conveyance, transfer, easement, lease, permit, or    701          

other instrument executed pursuant to the authorization given by   702          

this section shall prejudice any right, title, or interest in any  703          

lands affected thereby which at the date thereof existed in any    704          

person, firm, or corporation, other than the state and other than  705          

members of the general public having no specific rights in said    706          

lands, unless the right, title, or interest was expressly subject  708          

to the right of the state to make such conveyance or transfer,     709          

grant such right, or execute such instrument, and unless the       710          

state by such instrument expressly exercises such right, nor       711          

shall any public utility be required to move or relocate any of    712          

its facilities that may be located in or on the areas described    713          

in any such conveyance, transfer, easement, lease, permit, or      714          

other instrument.                                                               

      Sec. 5501.50.  (A)  As used in this section, "agricultural   723          

purposes" means commercial animal or poultry husbandry, or the     724          

production for a commercial purpose of field crops, tobacco,       725          

fruits, or vegetables.                                             726          

                                                          17     


                                                                 
      (B)  Whenever the director of transportation acquires real   728          

property as provided in section 5501.32 of the Revised Code or     729          

otherwise acquires real property in fee simple in the name of the  730          

state for highway purposes and subsequently finds the property is  731          

not needed for such purposes, or will not be needed for such       732          

purposes for a period of two years or more following the date of   733          

acquisition of the property, and the property is adjacent to or    734          

in the near vicinity of property used for agricultural purposes,   735          

the director may, at his THE DIRECTOR'S discretion, offer to       736          

lease the property for agricultural purposes for one year at a     738          

price consistent with rentals of adjacent agricultural lands in    739          

the manner provided in divisions (C), (D), (E), (F), (G), (H),     740          

and (I) of this section before conveying or transferring the fee   741          

simple estate or any lesser estate or interest in the property,    742          

or permitting its use by another.                                  743          

      (C)  Real property shall be offered for lease by mailing a   745          

notice, in writing, to each person who owns or leases property     746          

being used for agricultural purposes that adjoins or is in the     747          

near vicinity of the property.  The notice shall include a         748          

general description of the property offered for lease, the cost    749          

of the lease, the manner in which the lease will be made, the      750          

requirements of this section, a statement that the person shall    751          

notify the director in writing within no more than four weeks      752          

following mailing of the notice if the person is interested in     753          

leasing the property, and such other information as the director   754          

considers necessary.                                               755          

      (D)  If the director receives information in writing from    757          

two or more persons who are interested in leasing the real         758          

property, one of whom is the owner of real property that adjoins   759          

the property offered for lease, the director may lease the         760          

property to that person.  If the director receives such            761          

information from two or more persons, two or more of whom are      762          

owners of real property that adjoins the property offered for      763          

lease, the director shall lease the property to the person whose   764          

                                                          18     


                                                                 
information is contained in the envelope bearing the earliest      765          

postmark.                                                          766          

      (E)  Any lease made under this section shall be conditioned  768          

upon the lessee's written agreement to maintain weed control on    769          

the property.  If the director has reasonable cause to believe     770          

that such an agreement is violated, the director, or any of his    771          

THE DIRECTOR'S authorized agents, may, at his THE DIRECTOR'S OR    773          

AUTHORIZED AGENT'S discretion, do either of the following:         775          

      (1)  Provide necessary weed control.  The expense of         777          

providing weed control shall be paid by the director out of any    778          

appropriation to the department of transportation available for    779          

the establishment, use, maintenance, or repair of highways and     780          

the amount thereof shall be reimbursed by the lessee to the        781          

department and if not reimbursed the amount thereof shall be       782          

certified to the attorney general for collection by civil action   783          

against the lessee of the property.                                784          

      (2)  File a complaint by petition in the court of common     786          

pleas of the county in which the property is located.  Upon a      787          

finding by the court that a violation of the agreement exists as   788          

alleged in the petition, the court shall enter an order of         789          

abatement against the lessee of the property.                      790          

      (F)  If real property offered for lease as provided in this  792          

section is located near a highway where the use of the property    793          

for crops such as corn and wheat will obstruct the view of any     794          

part of the highway from a person operating a vehicle on the       795          

highway or on an intersecting highway or private road, or near an  796          

airport where such use of the property may interfere with airport  797          

safety, any lease made shall be conditioned upon the lessee's      798          

written agreement to use the property for only crops that will     799          

not create such an obstruction of the view of the highway or       800          

interference with airport safety.  If the director has reasonable  801          

cause to believe that such an agreement is violated, the           802          

director, or any of his THE DIRECTOR'S authorized agents, may, at  804          

his THE DIRECTOR'S OR AUTHORIZED AGENT'S discretion, do either of  805          

                                                          19     


                                                                 
the following:                                                                  

      (1)  Remove the crop or such part thereof as may be          807          

necessary to ensure that the view of the highway will not be       808          

obstructed, or that airport safety will not be reduced.  The       809          

expense of the removal shall be paid by the director out of any    810          

appropriation to the department of transportation available for    811          

the establishment, use, maintenance, or repair of highways and     812          

the amount thereof shall be reimbursed by the lessee to the        813          

department and if not reimbursed the amount thereof shall be       814          

certified to the attorney general for collection by civil action   815          

against the lessee of the property.                                816          

      (2)  File a complaint by petition in the court of common     818          

pleas of the county in which the property is located.  Upon a      819          

finding by the court that a violation of the agreement exists as   820          

alleged in the petition, the court shall enter an order of         821          

abatement against the lessee of the property.                      822          

      (G)  The director may offer to renew annually any lease of   824          

real property made under this section to the current lessee or     825          

may offer the opportunity to lease to others in the manner and     826          

subject to the requirements and limitations as provided for in     827          

this section.                                                      828          

      (H)  The requirements of sections 5501.32, 5501.34,          830          

5501.37, and 5501.45 of the Revised Code relating to the           831          

appraisal, advertisement, manner of sale, and minimum sale price   832          

of property not needed for highway purposes and the requirements   833          

of sections 5501.34, 5501.37, and 5501.45 of the Revised Code      834          

relating to the use of property not needed for highway purposes    835          

for recreation purposes, do not apply to a lease or renewal of a   836          

lease of real property made in accordance with this section.       837          

      (I)  Except as provided in divisions (E)(1) and (F)(1) of    839          

this section, all expense incurred in the lease of real property   840          

under this section shall be paid out of the proceeds of the lease  841          

and the balance shall be deposited in the highway fund from which  842          

the purchase of the real property giving rise to the proceeds was  843          

                                                          20     


                                                                 
made.                                                              844          

      (J)  Nothing in this section shall be construed to permit    846          

the director to acquire real property by appropriation for the     847          

purpose of leasing it for agricultural purposes.                   848          

      Sec. 5511.01.  All state highways established by law shall   857          

continue to be known as state highways, and the state highway      858          

system established by law shall continue to be known as the state  859          

highway system.                                                    860          

      Before establishing any additional highways as part of the   862          

state highway system, or making any SIGNIFICANT changes in         863          

existing highways comprising the system, the director of           865          

transportation shall give notice, by publication in one newspaper  866          

of general circulation NOTIFY THE GENERAL COMMUNITY OF THE         867          

PROJECT AND OFFER AN OPPORTUNITY FOR APPROPRIATE PUBLIC            868          

INVOLVEMENT IN THE PROJECT PROCESS.                                869          

      THE OPPORTUNITY FOR PUBLIC INVOLVEMENT SHALL SATISFY THE     871          

REQUIREMENTS OF THE "NATIONAL ENVIRONMENTAL POLICY ACT OF 1969,"   873          

83 STAT. 852, 42 U.S.C.A. 4321, ET SEQ., AS AMENDED, AND MAY       874          

CONSIST OF ACTIVITIES INCLUDING PUBLIC MEETINGS OR HEARINGS,       875          

SMALL GROUP MEETINGS WITH LOCAL OFFICIALS, INDIVIDUAL MEETINGS,    876          

NEWS RELEASES, PUBLIC NOTICES, WORKSHOPS, NEWSLETTERS, ELECTRONIC  877          

COMMUNICATIONS, RADIO ANNOUNCEMENTS, MAIL NOTIFICATION, AND OTHER  879          

ACTIVITIES CONSIDERED APPROPRIATE FOR THE EXCHANGE OF                           

INFORMATION.  THE DIRECTOR OR THE DIRECTOR'S DESIGNEE SHALL        880          

PROVIDE THE PUBLIC INVOLVEMENT ACTIVITIES in each of the counties  882          

in which the highway proposed to be established is to be located   883          

or in which it is proposed to make such changes, once each week    884          

for two successive weeks.  The notice shall state the time and     885          

place of the hearing which shall be held in the county, or one of  886          

the counties, in which the proposed highway or some part thereof   887          

is to be situated, or in which it is proposed to make such         888          

changes.  The notice shall state the route of the proposed         889          

highway or the change proposed to be made in an existing highway   890          

of the system.  The hearing shall be open to the public and the    891          

                                                          21     


                                                                 
director or a deputy designated by him shall attend and hear any   892          

proof offered on the matter.  Any.                                 893          

      ANY changes made in existing highways by the director or     895          

any additional highways established by him THE DIRECTOR following  896          

the hearing PUBLIC INVOLVEMENT ACTIVITIES shall be certified to    898          

the following authorities interested therein:  the legislative     899          

authority of municipalities, board of county commissioners, board  900          

of township trustees, municipal, county, and regional planning     901          

commissions, and the municipal, township, or county officer        902          

authorized to issue land use or building permits.  Before any      903          

zoning change or subdivision plat is approved and before any       904          

permit for land use or the erection, alteration, or moving of a    905          

building is granted affecting any land within three hundred feet   906          

of the center line of a proposed new highway or highway for which  907          

changes are proposed, as described in the certification by the     908          

director, or within a radius of five hundred feet from the point   909          

of intersection of that center line with any public road or        910          

highway, the authority authorized to approve the zoning change or  911          

subdivision plat or the authority authorized to grant the permit   912          

for land use or the erection, alteration, or moving of the         913          

building shall give notice, by certified mail, to the director,    914          

and shall not approve a zoning change or subdivision plat or       915          

grant a permit for land use or the erection, alteration, or        916          

moving of a building for one hundred twenty days from date notice  917          

is received by the director.  During the one hundred twenty day    918          

period and any extension of it as may be agreed to between the     919          

director and any property owner, notice of which has been given    920          

to the authority to which the application has been made, the       921          

director shall proceed to acquire any land needed by purchase or   922          

gift, or by initiating proceedings to appropriate, or make a       923          

finding that acquisition at such time is not in the public         924          

interest.  Upon purchase, initiation of appropriation              925          

proceedings, or a finding that acquisition is not in the public    926          

interest, the director shall notify the authority from which       927          

                                                          22     


                                                                 
notice was received of that action.  Upon being notified that the  928          

director has purchased or initiated proceedings to appropriate     929          

the land that authority shall refuse to rezone land or to approve  930          

any subdivision plat that includes the land which the director     931          

has purchased or has initiated proceedings to appropriate, and     932          

that authority shall refuse to grant a permit for land use or the  933          

erection, alteration, or moving of a building on the land which    934          

the director has purchased or initiated proceedings to             935          

appropriate.  Upon notification that the director has found        936          

acquisition at that time not to be in the public interest, or      937          

upon the expiration of the one hundred twenty day period or any    938          

extension thereof, if no notice has been received from the         939          

director, that authority shall proceed in accordance with law.     940          

      A report of the change or addition shall be filed in the     942          

office of the director, and the report of the director making the  943          

change or establishing the highway shall be placed on file in the  944          

office of the department of transportation.                        945          

      In no event shall the total mileage of the state highway     947          

system be increased under this section to exceed two hundred       948          

miles in one year.                                                 949          

      The director, upon petition of the boards of the counties    951          

traversed thereby or of citizens of such counties, may officially  952          

assign to a highway of the state highway system a distinctive      953          

name, commemorative of a historical event or personage, or         954          

officially assign thereto a commonly accepted and appropriate      955          

name by which the highway is known.  The                           956          

      THE director may, upon giving APPROPRIATE notice and         959          

holding a hearing OFFERING THE OPPORTUNITY FOR PUBLIC INVOLVEMENT  960          

AND COMMENT, abandon a highway on the state highway system or      961          

part thereof which he THE DIRECTOR determines is of minor          963          

importance or which traverses territory adequately served by       964          

another state highway, and the abandoned highway shall revert to   965          

a county or township road or municipal street.  A report covering  966          

such action shall be filed in the office of the director, and the  967          

                                                          23     


                                                                 
director shall certify his THE action to the board of the county   969          

in which the highway or portion thereof so abandoned is situated.  970          

      The director shall make a map showing thereon, by            972          

appropriate numbering or other designation, all the state          973          

highways.  The map shall be kept on file in his THE DIRECTOR'S     974          

office and he THE DIRECTOR shall cause the same to be corrected    975          

and revised to show all changes and additions to the date of such  977          

correction.  A copy of the map, certified by the director as a     978          

correct copy of the map on file in his THE DIRECTOR'S office,      979          

shall be admissible as evidence in any court to prove the          981          

existence and location of the several highways and roads of the    982          

state highway system.                                                           

      The state highway routes into or through municipal           984          

corporations, as designated or indicated by state highway route    985          

markers erected thereon, are state highways and a part of the      986          

state highway system.  The director may erect state highway route  987          

markers and such other signs directing traffic as he THE DIRECTOR  989          

thinks proper upon those portions of the state highway system      990          

lying within municipal corporations, and the consent of the        991          

municipal corporations to such erection and marking shall not be   992          

necessary. However, the director may erect traffic signs in        993          

villages in accordance with section 5521.01 of the Revised Code.   994          

No change in the route of any highway through a municipal          995          

corporation shall be made except after notice and hearing          996          

PROVIDING PUBLIC INVOLVEMENT ACTIVITIES.                           997          

      Except as provided in sections 5501.49 and 5517.04 of the    999          

Revised Code, no duty of constructing, reconstructing,             1,000        

maintaining, and repairing such state highways within municipal    1,001        

corporations shall attach to or rest upon the director.  The       1,002        

director may enter upon such state highways within any municipal   1,003        

corporation and construct, reconstruct, widen, improve, maintain,  1,004        

and repair them, provided the municipal corporation first          1,005        

consents thereto by resolution of its legislative authority,       1,006        

except that he THE DIRECTOR need not obtain the consent of the     1,007        

                                                          24     


                                                                 
municipal corporation if the existing highway being changed or     1,009        

the location of an additional highway being established was not    1,010        

within the corporate limits of the municipal corporation at the    1,011        

time such establishment or change was journalized IS APPROVED by   1,012        

the director, or if the director is acting pursuant to section     1,014        

5501.49 of the Revised Code.                                       1,015        

      The director shall place in the files of the department a    1,017        

record of the routes of all such state highways within municipal   1,018        

corporations, and shall cause them to be corrected and revised to  1,019        

show all changes and additions to the date of the correction.  A   1,020        

copy of the record or any pertinent part thereof, certified by     1,021        

the director to be a true and correct copy, shall be admissible    1,022        

in evidence in any court of the state for the purpose of proving   1,023        

the existence and location of any state highway within a           1,024        

municipal corporation.                                             1,025        

      When the director proposes to change an existing state       1,027        

highway and there exists upon the highway a separated railroad     1,028        

crossing, the director shall mail to the interested railroad       1,029        

company a copy of the notice which shall be mailed by first-class  1,030        

mail, postage prepaid, and certified with return receipt           1,031        

requested, at least two weeks before the time fixed for hearing    1,032        

ANY PUBLIC INVOLVEMENT ACTIVITY.  When the director proposes to    1,034        

change an existing state highway within a municipal corporation    1,035        

he, THE DIRECTOR shall mail to the mayor or other chief executive  1,038        

officer of the municipal corporation a copy of the notice which    1,039        

shall be mailed by first-class mail, postage prepaid, and          1,040        

certified with return receipt requested, at least two weeks        1,041        

before the time fixed for hearing ANY PUBLIC INVOLVEMENT           1,042        

ACTIVITY.                                                                       

      Nothing in this section shall be construed to require        1,044        

notice and hearing PROVIDING PUBLIC INVOLVEMENT ACTIVITIES before  1,046        

the construction, reconstruction, maintenance, improvement, or     1,047        

widening of an existing highway where no relocation is involved.   1,048        

      With the exception of the authority conferred upon the       1,050        

                                                          25     


                                                                 
director by this section, to erect state highway route markers     1,051        

and signs directing traffic, and by section 5501.49 of the         1,052        

Revised Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516.,   1,053        

5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531.,     1,054        

5533., and 5535. of the Revised Code, shall not in any way         1,055        

modify, limit, or restrict the authority conferred by section      1,056        

723.01 of the Revised Code upon municipal corporations to          1,057        

regulate the use of streets and to have the care, supervision,     1,058        

and control of the public highways, streets, avenues, alleys,      1,059        

sidewalks, public grounds, bridges, aqueducts, and viaducts        1,060        

within the municipal corporations and to keep them, subject to     1,061        

division (B)(3) of section 2744.02 of the Revised Code, open, in   1,062        

repair, and free from nuisance.                                    1,063        

      Sec. 5511.07.  In pursuance of section 5501.31 of the        1,072        

Revised Code, the director of transportation, in vacating any      1,073        

highway or portion thereof on the state highway system that the    1,075        

director finds is no longer necessary for the purposes of a                     

public highway, shall issue such a finding, which shall contain a  1,077        

description of the highway or part thereof to be vacated.  Notice  1,078        

of such finding shall be published once a week, for two            1,079        

consecutive weeks, in a newspaper of general circulation in the    1,080        

county in which the highway, or part thereof, to be vacated lies,  1,081        

and a copy of the notice shall be served as in civil cases, or by  1,082        

registered first class mail, return receipt requested, upon each   1,083        

owner of property abutting on the portion of the highway to be     1,084        

vacated, and upon the director of natural resources.  Any owner    1,085        

whose place of residence is unknown, or who is a nonresident of    1,086        

the state, shall be specifically named in the notice of            1,087        

publication and shall be directed in the finding to take due       1,088        

notice of the contents thereof.  THE DIRECTOR SHALL MAKE ANY       1,089        

VACATION OF A HIGHWAY OR PORTION OF A HIGHWAY TO AN ABUTTING                    

LANDOWNER OR CURRENT UNDERLYING FEE OWNER OF RECORD AT NO COST.    1,090        

      The notice shall fix a date, not less than twenty days       1,092        

after the date of the final publication of the notice, and shall   1,094        

                                                          26     


                                                                 
contain a determination that on or before that date claims for     1,095        

compensation and damage, or either, by reason of the vacation                   

proceedings, must be filed in writing, in duplicate, with the      1,096        

district deputy director of transportation in whose district lies  1,097        

any portion of the highway to be vacated.  Failure to file claims  1,099        

in that manner is a waiver of any claim for damage by reason of    1,100        

the vacation.                                                                   

      After considering any claims filed, the director shall make  1,102        

awards as the director considers just and equitable, and if,       1,104        

within ten days, the amount so awarded has not been accepted and   1,105        

waivers therefor signed, that amount shall be deposited in the     1,106        

probate court or court of common pleas of the county in which the  1,107        

vacation lies, wholly or in part, and the procedure to adjudicate  1,108        

such claims shall be that provided under section 5519.01 of the    1,109        

Revised Code.                                                                   

      No final determination shall be made by the director in      1,111        

vacating such highway or portion thereof until all awards are      1,112        

accepted, or deposit therefor made, in the probate court or court  1,113        

of common pleas.                                                   1,114        

      NO PUBLIC UTILITY SHALL BE REQUIRED TO MOVE OR RELOCATE ANY  1,116        

OF ITS FACILITIES THAT MAY BE LOCATED IN OR ON ANY HIGHWAY OR      1,117        

PORTION THEREOF BEING VACATED.  ANY DEED, TRANSFER, OR OTHER       1,118        

INSTRUMENT OR CONVEYANCE MADE BY REASON OF THE VACATION SHALL      1,119        

INDICATE THE RIGHT OF ANY PUBLIC UTILITY TO CONTINUE ITS USE OR    1,120        

OCCUPATION OF THE HIGHWAY OR PORTION OF THE HIGHWAY BEING          1,121        

VACATED.                                                                        

      Sec. 5515.02.  All individuals, firms, and corporations      1,130        

using or occupying any part of a road or highway on the state      1,131        

highway system, or the bridges or culverts thereon, with           1,132        

telegraph or telephone lines, steam, electrical, or industrial     1,133        

railways, oil, gas, water, or other pipes, mains, conduits, or     1,134        

any object or structure, other than by virtue of a franchise or    1,135        

permit granted and in force, shall remove from the bounds of the   1,137        

road, OR highway, bridge, or culvert, their poles and wires        1,138        

                                                          27     


                                                                 
connected therewith, and any tracks, switches, spurs, or oil,      1,139        

gas, water, or other pipes, mains, conduits, or other objects or   1,140        

structures, when in the opinion of the director of transportation  1,141        

they constitute obstructions in the roads, highways, bridges, or   1,143        

culverts, or THEY interfere or may interfere with the                           

contemplated construction, reconstruction, improvement,            1,145        

maintenance, or repair, OR USE BY THE TRAVELING PUBLIC of the      1,147        

roads, OR highways, bridges, or culverts or with their use by the  1,149        

traveling public.                                                               

      All individuals, firms, or corporations so occupying any     1,151        

road or highway on the state highway system, or the bridges or     1,152        

culverts thereon, under and by virtue of a franchise or permit     1,153        

granted and in force, shall relocate their properties and all      1,154        

parts thereof within the bounds of the road, OR highway, bridge,   1,156        

or culvert when in the opinion of the director they constitute                  

obstructions in the road, highway, bridge, or culvert, or THEY     1,158        

interfere with or may interfere with the contemplated                           

construction, reconstruction, improvement, maintenance, or         1,160        

repair, OR USE of the road, OR highway, bridge, or culvert or      1,161        

with its use.  The relocation within the bounds of the road, OR    1,163        

highway, bridge, or culvert shall be in the manner and to the      1,164        

extent prescribed by the director.                                 1,165        

      If, in the opinion of the director, such individuals,        1,167        

firms, or corporations have obstructed any road or highway on the  1,168        

state highway system, or the bridges or culverts thereon, or if    1,169        

any of their properties, in the director's opinion, are so         1,170        

located that they do or may interfere with the contemplated        1,172        

construction, reconstruction, improvement, maintenance, or         1,173        

repair, OR USE of the road, OR highway, bridge, or culvert, or     1,176        

with the use of the road, highway, bridge, or culvert by the       1,177        

traveling public, the director shall notify such individual,       1,178        

firm, or corporation directing the removal of the obstruction or   1,179        

properties, or the relocation of the properties, and, if such.     1,180        

IF THE individual, firm, or corporation does not within five days  1,183        

                                                          28     


                                                                 
from the service of the notice proceed to remove or relocate the   1,184        

obstruction or properties and complete the removal or relocation   1,185        

within a reasonable time, the director may remove or relocate the  1,187        

same by employing the necessary labor, tools, and equipment.  The  1,188        

ANY NOTICE REQUIRED UNDER THIS SECTION SHALL BE MADE BY PERSONAL   1,189        

SERVICE, CERTIFIED MAIL, OR EXPRESS MAIL.                                       

      IF, IN THE DIRECTOR'S OPINION, THE OBSTRUCTION OR            1,191        

PROPERTIES PRESENT AN IMMEDIATE AND SERIOUS THREAT TO THE SAFETY   1,192        

OF THE TRAVELING PUBLIC, THE DIRECTOR MAY REMOVE OR RELOCATE THE   1,193        

OBSTRUCTION OR PROPERTIES WITHOUT PRIOR NOTICE.                    1,194        

      WHEN THE DIRECTOR PERFORMS A REMOVAL OR RELOCATION UNDER     1,196        

THIS SECTION, THE costs and expenses shall be paid by the          1,197        

director out of any appropriation of the department of             1,199        

transportation available for the establishment, construction,      1,200        

reconstruction, improvement, maintenance, or repair of highways,   1,201        

and the amount thereof shall be certified to the attorney general  1,202        

for collection by civil action.  Notice of the action shall be     1,203        

made by personal service or by certified mail.                     1,204        

      AS USED IN THIS SECTION, "ROAD" OR "HIGHWAY" HAS THE SAME    1,206        

MEANING AS IN SECTION 5501.01 OF THE REVISED CODE AND ALSO         1,207        

INCLUDES ANY PART OF THE RIGHT OF WAY.                             1,208        

      Sec. 5515.04.  Telegraph and telephone UTILITY poles along   1,217        

the public highway may be used for the purpose of attaching        1,219        

thereto or placing thereon, signposts, guideposts, warning signs,  1,220        

or other signs when prescribed by the director of transportation   1,221        

or county engineer.                                                             

      Sec. 5521.01.  The director of transportation, upon the      1,230        

request by and the approval of the legislative authority of a      1,231        

village, shall maintain, repair, and apply standard longitudinal   1,232        

pavement marking lines as the director considers appropriate, or   1,234        

may establish, construct, reconstruct, improve, or widen any       1,235        

section of a state highway within the limits of a village.  The    1,236        

director also may erect regulatory and warning signs, as defined   1,237        

in the manual adopted under section 4511.09 of the Revised Code,   1,238        

                                                          29     


                                                                 
on any section of a state highway within the limits of a village.  1,239        

The director may establish, construct, reconstruct, improve,       1,240        

widen, maintain, or repair any section of state highway within     1,241        

the limits of a city, including the elimination of railway grade   1,242        

crossings, and pay the entire or any part of the cost and expense  1,243        

thereof from state funds, but in all cases the director first      1,245        

shall obtain the consent of the legislative authority of the                    

municipal corporation, except that the director need not obtain    1,247        

the consent of the municipal corporation if the existing highway   1,248        

being changed or the location of an additional highway being       1,249        

established was not within the corporate limits of the municipal   1,250        

corporation at the time the director determines the establishment  1,251        

or change should be made, or if the director is acting pursuant    1,253        

to section 5501.49 of the Revised Code.                            1,254        

      Except as provided in section 5501.49 of the Revised Code,   1,256        

when in the opinion of the director there is urgent need to        1,257        

establish a state highway, which is to be designated a federal     1,258        

aid highway, or a federal aid interstate highway within a          1,259        

municipal corporation or, in the opinion of the director, any      1,260        

federal aid highway or interstate federal aid highway is in        1,261        

urgent need of repair, reconstruction, widening, improvement, or   1,262        

relocation, so as to accommodate the traveling public, the         1,263        

director shall submit a written request to the legislative         1,264        

authority of the municipal corporation for its consent to the      1,265        

desired establishment or improvement.  The legislative authority,  1,266        

within sixty days after the written request has been received      1,268        

from the director, either shall grant its consent to the           1,269        

establishment or improvement or refuse consent by filing in                     

writing with the director a statement of its reasons for refusing  1,270        

consent and any alternate proposals it considers reasonable.  If   1,271        

the legislative authority fails to act or refuses consent, the     1,272        

director, upon consideration of the reasons for rejection, may     1,274        

make a resolution declaring the necessity of the establishment or  1,275        

improvement, and then proceed in the same manner as if consent     1,276        

                                                          30     


                                                                 
had been given.  A certified copy of the resolution shall be       1,277        

served upon the municipal legislative authority, which, within     1,278        

twenty days from the date of service, may appeal to the court of   1,279        

common pleas of the county in which the municipal corporation is   1,280        

situated, upon the reasonableness and necessity of the action      1,281        

provided for in the resolution.  In the hearing upon appeal, the   1,282        

director shall introduce the record of the director's              1,283        

proceedings, including the director's findings with respect to     1,285        

factors referred to in section 5521.011 of the Revised Code, and   1,286        

such other competent evidence as the director desires in support   1,287        

of the director's resolution, and the municipality likewise may    1,288        

introduce competent evidence opposing the resolution, and          1,289        

findings.  The court may affirm or revoke the resolution.  The     1,290        

decision of the common pleas court may be appealed to the court    1,291        

of appeals and the supreme court as in other cases.  If the court  1,292        

affirms the resolution, the director may proceed with the          1,293        

establishment or improvement with or without the cooperation of    1,294        

the municipal corporation.  Any such municipal corporation may     1,295        

cooperate with the director in the work and pay such portion of    1,296        

the cost as is agreed upon between the municipal corporation and   1,297        

the director.  The legislative authority of any municipal          1,298        

corporation desiring to cooperate, by resolution, may propose      1,299        

such cooperation to the director, and a copy of the resolution,    1,300        

which shall set forth the proportion of the cost and expense to    1,301        

be contributed by the municipal corporation, shall be filed with   1,302        

the director.  The director shall cause to be prepared the         1,303        

necessary surveys, plans, profiles, cross sections, estimates,     1,304        

and specifications and shall file copies of them with the          1,306        

legislative authority of the municipal corporation.  After the     1,308        

legislative authority has approved the surveys, plans, profiles,   1,309        

cross sections, estimates, and specifications, and after the       1,310        

municipal corporation has provided the funds necessary to meet     1,311        

the portion of the cost of the work assumed by it, the municipal   1,312        

corporation shall enter into a contract with the state providing   1,313        

                                                          31     


                                                                 
for payment by the municipal corporation of the agreed portion of  1,314        

the cost.  The form of the contract shall be prescribed by the     1,315        

attorney general, and such contracts shall be submitted to the     1,316        

director and approved before advertising for THE RECEIPT OF bids.  1,317        

Section 5705.41 of the Revised Code applies to such contract to    1,318        

be made by the municipal corporation, and a duplicate of the       1,319        

certificate of the chief fiscal officer of the municipal           1,320        

corporation shall be filed in the office of the director.  That    1,321        

part of the cost of the work assumed by the municipal corporation  1,322        

shall be paid from the proceeds of taxes or special assessments,   1,323        

or both, or from the proceeds of notes or bonds issued and sold    1,324        

in anticipation of the collection of the taxes and assessments.    1,325        

For the purpose of providing funds for the payment of that part    1,326        

of the cost of the work assumed by the municipal corporation, the  1,327        

municipal corporation has the same authority to make special       1,328        

assessments, levy taxes, and issue bonds or notes, in              1,329        

anticipation of the collection of the same, as it has with         1,330        

respect to improvements constructed under the sole supervision     1,331        

and control of the municipal corporation.  All such assessments    1,332        

shall be made, taxes levied, and bonds or notes issued and sold    1,333        

under such conditions and restrictions as may be provided with     1,334        

respect to assessments, taxes, bonds, or notes made, levied,       1,335        

issued, or sold in connection with improvements of the same class  1,336        

and character constructed under the sole supervision and control   1,337        

of the municipal corporation.  The improvement shall be            1,338        

constructed under the sole supervision of the director.  The       1,339        

proportion of the cost and expense payable by the municipal        1,340        

corporation shall be paid by the proper officers thereof, upon     1,341        

the requisition of the director, and at times during the progress  1,342        

of the work as may be determined by the director or as may be      1,343        

otherwise provided by law.                                         1,344        

      Sec. 5525.14.  (A)  Notwithstanding sections 125.01 to       1,353        

125.11 of the Revised Code, the director of transportation, by     1,355        

written instruction to the contractor, may increase the                         

                                                          32     


                                                                 
quantities of any item specified or not specified in a             1,356        

competitively bid construction contract but, except as provided    1,357        

in division (B) of this section, the additional cost incurred by   1,358        

the increase shall not exceed the lesser of one hundred thousand   1,359        

dollars or five per cent of the total contract price.  Any such    1,360        

provision for increased quantities or extra work shall be made in               

the form of a written change to the original contract and does     1,361        

not require competitive bidding.                                   1,362        

      (B)  The one hundred thousand dollar or five per cent        1,364        

restriction in division (A) of this section does not apply to      1,365        

change orders or extra work contracts WHEN THE TOTAL DOLLAR        1,366        

AMOUNT OF THE INCREASE IS TWENTY-FIVE THOUSAND DOLLARS OR LESS OR  1,368        

TO CHANGE ORDERS OR EXTRA WORK CONTRACTS resulting from any of     1,369        

the following:                                                                  

      (1)  An increase in the plan quantity that is determined     1,371        

during the final measurement of an item of work.                   1,372        

      (2)  Federally mandated requirements that did not exist at   1,374        

the time of the original contract award.                           1,375        

      (3)  Circumstances that would create a life-, safety-, or    1,377        

health-threatening situation or would unduly delay the completion  1,378        

of a project and increase its costs, but only if the director      1,379        

makes a finding of such fact, declares an emergency, and issues    1,380        

the finding.  Extra work that the director contracts for in these  1,383        

circumstances may include not only construction needed to                       

complete a project, but also adjustments needed to meet changed    1,385        

conditions, alterations in original plans, unforeseen              1,386        

contingencies, or payments necessitated by contract terminations                

or suspensions.                                                    1,387        

      All change orders or extra work contracts set forth in       1,389        

division (B) of this section shall be reported to the controlling  1,390        

board quarterly in writing.                                                     

      (C)  The director, by written instruction to the             1,392        

contractor, may decrease or cancel the quantity of any item        1,393        

specified in a contract or portion of a contract and authorize     1,394        

                                                          33     


                                                                 
payment to the contractor for reasonable costs incurred to date.   1,395        

      Sec. 5525.23.  (A)  THE DIRECTOR OF TRANSPORTATION MAY       1,397        

INCLUDE IN ANY CONSTRUCTION CONTRACT A PROVISION AUTHORIZING A     1,399        

BINDING DISPUTE RESOLUTION METHOD FOR ANY CONTROVERSY              1,401        

SUBSEQUENTLY ARISING OUT OF THE CONTRACT.  THE BINDING DISPUTE     1,402        

RESOLUTION METHOD MAY PROCEED ONLY UPON AGREEMENT OF ALL PARTIES   1,403        

TO THE CONTROVERSY.  IF ALL PARTIES DO NOT AGREE TO PROCEED TO     1,404        

BINDING DISPUTE RESOLUTION, A PARTY HAVING A CLAIM AGAINST THE     1,405        

DEPARTMENT OF TRANSPORTATION SHALL EXHAUST ITS ADMINISTRATIVE      1,406        

REMEDIES SPECIFIED IN THE CONSTRUCTION CONTRACT PRIOR TO FILING    1,407        

ANY ACTION AGAINST THE DEPARTMENT IN THE COURT OF CLAIMS.          1,408        

      NO APPEAL FROM THE DETERMINATION OF A TECHNICAL EXPERT LIES  1,410        

TO ANY COURT, EXCEPT THAT THE COURT OF COMMON PLEAS OF FRANKLIN    1,411        

COUNTY MAY ISSUE AN ORDER VACATING SUCH A DETERMINATION UPON       1,412        

APPLICATION OF ANY PARTY TO THE BINDING DISPUTE RESOLUTION IF ANY  1,413        

OF THE FOLLOWING APPLIES:                                          1,414        

      (1)  THE DETERMINATION WAS PROCURED BY CORRUPTION, FRAUD,    1,416        

OR UNDUE MEANS.                                                    1,417        

      (2)  THERE WAS EVIDENT PARTIALITY OR CORRUPTION ON THE PART  1,419        

OF THE TECHNICAL EXPERT.                                           1,420        

      (3)  THE TECHNICAL EXPERT WAS GUILTY OF MISCONDUCT IN        1,422        

REFUSING TO POSTPONE THE HEARING, UPON SUFFICIENT CAUSE SHOWN, OR  1,423        

IN REFUSING TO HEAR EVIDENCE PERTINENT AND MATERIAL TO THE         1,424        

CONTROVERSY, OR OF ANY OTHER MISBEHAVIOR BY WHICH THE RIGHTS OF    1,425        

ANY PARTY HAVE BEEN PREJUDICED.                                    1,426        

      (B)  THE DIRECTOR, NOT LATER THAN THE FIRST DAY OF FEBRUARY  1,428        

OF EVERY YEAR, SHALL PROVIDE THE GOVERNOR, THE ATTORNEY GENERAL,   1,429        

THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF                    

REPRESENTATIVES WITH A WRITTEN LIST DETAILING THE CLAIMS RESOLVED               

IN THE MANNER PROVIDED BY DIVISION (A) OF THIS SECTION DURING THE  1,430        

PRECEDING CALENDAR YEAR.                                           1,431        

      (C)  AS USED IN THIS SECTION, "BINDING DISPUTE RESOLUTION"   1,433        

MEANS A BINDING DETERMINATION AFTER REVIEW BY A TECHNICAL EXPERT   1,434        

OF ALL RELEVANT ITEMS, WHICH MAY INCLUDE DOCUMENTS, AND BY         1,435        

                                                          34     


                                                                 
INTERVIEWING APPROPRIATE PERSONNEL AND VISITING THE PROJECT SITE   1,436        

INVOLVED IN THE CONTROVERSY.  "BINDING DISPUTE RESOLUTION" DOES    1,437        

NOT INVOLVE REPRESENTATION BY LEGAL COUNSEL OR ADVOCACY BY ANY     1,438        

PERSON ON BEHALF OF ANY PARTY TO THE CONTROVERSY.                  1,439        

      Sec. 5537.02.  (A)  There is hereby created a commission to  1,449        

be known as the "Ohio turnpike commission."  The commission is a   1,450        

body both corporate and politic, constituting an instrumentality   1,451        

of the state, and the exercise by it of the powers conferred by    1,452        

this chapter in the construction, operation, and maintenance of    1,453        

the Ohio turnpike system are and shall be held to be essential     1,454        

governmental functions of the state, but the commission shall not  1,455        

be immune from liability by reason thereof.  The commission is     1,456        

subject to all provisions of law generally applicable to state     1,457        

agencies which do not conflict with this chapter.                  1,458        

      (B)(1)  The commission shall consist of seven members as     1,460        

follows:                                                           1,461        

      (a)  Four members appointed by the governor with the advice  1,463        

and consent of the senate, no more than two of whom shall be       1,464        

members of the same political party;                               1,465        

      (b)  The director of transportation who shall be a member    1,467        

ex officio without compensation;                                   1,468        

      (c)  One member of the senate, appointed by the president    1,470        

of the senate, who shall represent either a district in which is   1,472        

located or through which passes a portion of a turnpike project    1,473        

that is part of the Ohio turnpike system or a district located in  1,474        

the vicinity of a turnpike project that is part of the Ohio        1,475        

turnpike system;                                                                

      (d)  One member of the house of representatives, appointed   1,477        

by the speaker of the house of representatives, who shall          1,478        

represent either a district in which is located or through which   1,479        

passes a portion of a turnpike project that is part of the Ohio    1,481        

turnpike system or a district located in the vicinity of a                      

turnpike project that is part of the Ohio turnpike system.         1,482        

      (2)  The members appointed by the governor shall be          1,484        

                                                          35     


                                                                 
residents of the state, shall have been qualified electors         1,485        

therein for a period of at least five years next preceding their   1,486        

appointment, and shall serve terms of eight years commencing on    1,487        

the first day of July and ending on the thirtieth day of June.     1,488        

Those members appointed by the president of the senate or the      1,489        

speaker of the house of representatives shall serve a term of the  1,490        

remainder of the general assembly during which the senator or      1,491        

representative is appointed.  Each appointed member shall hold     1,492        

office from the date of appointment until the end of the term for  1,494        

which the member was appointed.  If a commission member dies or                 

resigns, or if a senator, representative, or the director of       1,495        

transportation who is a member of the commission ceases to be a    1,496        

senator, representative, or the director of transportation, the    1,497        

vacancy shall be filled in the same manner as provided in          1,498        

division (B)(1) of this section.  Any member who fills a vacancy   1,499        

occurring prior to the end of the term for which the member's      1,500        

predecessor was appointed shall, if appointed by the governor,     1,502        

hold office for the remainder of such term or, if appointed by     1,503        

the president of the senate or the speaker of the house of         1,504        

representatives, shall hold office for the remainder of the term   1,505        

or for a shorter period of time as determined by the president or  1,506        

the speaker.  Any member appointed by the governor shall continue  1,507        

in office subsequent to the expiration date of the member's term   1,508        

until the member's successor takes office, or until a period of    1,510        

sixty days has elapsed, whichever occurs first.  A member of the   1,511        

commission is eligible for reappointment.  Each member of the      1,512        

commission appointed by the governor, before entering upon his     1,513        

THE MEMBER'S duties, shall take an oath as provided by Section 7   1,515        

of Article XV, Ohio Constitution.  The governor, the president of  1,516        

the senate, or the speaker of the house of representatives, may    1,517        

at any time remove their respective appointees to the commission   1,518        

for misfeasance, nonfeasance, or malfeasance in office.            1,519        

      (3)  A member of the commission who is appointed by the      1,521        

president of the senate or the speaker of the house of             1,522        

                                                          36     


                                                                 
representatives shall not participate in any vote of the           1,523        

commission.  Serving as an appointed member of the commission      1,524        

under divisions (B)(1)(c), (1)(d), or (2) of this section does     1,525        

not constitute grounds for resignation from the senate or the      1,526        

house of representatives under section 101.26 of the Revised       1,527        

Code.                                                              1,528        

      (C)  The voting members of the commission shall elect one    1,530        

of the appointed voting members as chairperson and another as      1,531        

vice-chairperson, and shall appoint a secretary-treasurer who      1,533        

need not be a member of the commission.  Three of the voting       1,534        

members of the commission constitute a quorum, and the             1,535        

affirmative vote of three voting members is necessary for any      1,536        

action taken by the commission.  No vacancy in the membership of   1,537        

the commission impairs the rights of a quorum to exercise all the  1,538        

rights and perform all the duties of the commission.               1,539        

      (D)  Each member of the commission appointed by the          1,541        

governor shall give a surety bond to the commission in the penal   1,542        

sum of twenty-five thousand dollars and the secretary-treasurer    1,543        

shall give such a bond in at least the penal sum of fifty          1,544        

thousand dollars.  The commission may require any of its officers  1,545        

or employees to file surety bonds including a blanket bond as      1,546        

provided in section 3.06 of the Revised Code.  Each such bond      1,547        

shall be in favor of the commission and shall be conditioned upon  1,548        

the faithful performance of the duties of the office, executed by  1,549        

a surety company authorized to transact business in this state,    1,550        

approved by the governor, and filed in the office of the           1,551        

secretary of state.  The costs of the surety bonds shall be paid   1,552        

or reimbursed by the commission from revenues.  Each member of     1,553        

the commission appointed by the governor shall receive an annual   1,554        

salary of five thousand dollars, payable in monthly installments.  1,555        

EACH MEMBER OF THE COMMISSION APPOINTED BY THE GOVERNOR IS         1,556        

ENTITLED TO HEALTH CARE BENEFITS COMPARABLE TO THOSE GENERALLY     1,557        

AVAILABLE TO STATE OFFICERS AND EMPLOYEES UNDER SECTION 124.82 OF  1,558        

THE REVISED CODE.  IF SECTION 20 OF ARTICLE II, OHIO               1,561        

                                                          37     


                                                                 
CONSTITUTION, PROHIBITS THE OHIO TURNPIKE COMMISSION FROM PAYING   1,563        

ALL OR A PART OF THE COST OF HEALTH CARE BENEFITS ON BEHALF OF A   1,564        

MEMBER OF THE COMMISSION FOR THE REMAINDER OF AN EXISTING TERM,                 

THE MEMBER MAY RECEIVE THESE BENEFITS BY PAYING THEIR TOTAL COST   1,566        

FROM THE MEMBER'S OWN FINANCIAL RESOURCES, INCLUDING PAYING BY     1,567        

MEANS OF DEDUCTIONS FROM THE MEMBER'S SALARY.  Each member shall   1,569        

be reimbursed for the member's actual expenses necessarily         1,570        

incurred in the performance of the member's duties.  All costs     1,571        

and expenses incurred by the commission in carrying out this       1,572        

chapter shall be payable solely from revenues and state taxes,     1,573        

and no liability or obligation shall be incurred by the            1,574        

commission beyond the extent to which revenues have been provided  1,575        

for pursuant to this chapter.                                      1,576        

        Sec. 5537.07.  (A)  When the cost to the Ohio turnpike     1,578        

commission under any contract with a person other than a           1,579        

governmental agency involves an expenditure of more than ten       1,580        

THIRTY-FIVE thousand dollars, the commission shall make a written  1,582        

contract with the lowest responsive and responsible bidder in      1,583        

accordance with section 9.312 of the Revised Code after            1,584        

advertisement for not less than two consecutive weeks in a         1,585        

newspaper of general circulation in Franklin county, and in such   1,586        

other publications as the commission determines, which notice      1,587        

shall state the general character of the work and the general      1,588        

character of the materials to be furnished, the place where plans  1,589        

and specifications therefor may be examined, and the time and      1,590        

place of receiving bids.  The commission may reject any and all    1,591        

bids.  The requirements of this division do not apply to           1,592        

contracts for the acquisition of real property or compensation     1,593        

for professional or other personal services.                       1,594        

      (B)  Each bid for a contract for construction, demolition,   1,596        

alteration, repair, improvement, renovation, or reconstruction     1,597        

shall contain the full name of every person interested in it and   1,598        

shall meet the requirements of section 153.54 of the Revised       1,599        

Code.                                                              1,600        

                                                          38     


                                                                 
      (C)  Each bid for a contract, other than for a contract      1,602        

referred to in division (B) of this section, shall contain the     1,603        

full name of every person interested in it and shall be            1,604        

accompanied by a sufficient bond or certified check on a solvent   1,605        

bank that if the bid is accepted a contract will be entered into   1,606        

and the performance of its proposal secured.                       1,607        

      (D)  A bond with good and sufficient surety, approved by     1,609        

the commission, shall be required of every contractor awarded a    1,610        

contract, other than a contract referred to in division (B) of     1,611        

this section, in an amount equal to at least fifty per cent of     1,612        

the contract price, conditioned upon the faithful performance of   1,613        

the contract.                                                      1,614        

      Section 2.  That existing sections 4561.01, 4561.05,         1,616        

4561.15, 5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 5501.50,     1,619        

5511.01, 5511.07, 5515.02, 5515.04, 5521.01, 5525.14, 5537.02,                  

and 5537.07 and sections 4561.10, 4582.07, 4582.08, 4582.09,       1,621        

4582.32, 4582.33, 4582.34, and 5501.37 of the Revised Code are     1,622        

hereby repealed.