reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.05 | Property of New Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon reorganization and a conveyance by the trustees, or of such of them as are vested with the legal title, or their survivors, the railroad and other property, franchises, and things purchased, and the franchises, powers, faculties, privileges, and immunities which were possessed and enjoyed by the original railroad company, or by any company with which it had been consolidated, shall be vested in the company as reorganized. Such property, franchises, and things, and all property and things which the reorganized company thereafter acquires shall be taken, held, and disposed of for the use and benefit of the creditors and stockholders of the company who become such upon and after the reorganization, according to their respective rights, but subject to the powers of the company, and in no wise chargeable in respect to any debt, liability, or claim of any creditor or stockholder which subsisted prior to the sale and reorganization. All property of the original company not embraced in the sale shall be vested in the company as reorganized in trust for all parties interested in such property as creditors, stockholders, or otherwise.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.06 | Issue of Stock or Securities.

Effective:
July 30, 1984
Latest Legislation:
House Bill 250 - 115th General Assembly
In cases of railroad companies organized or reorganized under the laws of this state, in which the organization or reorganization agreement provides and stipulates that any class of creditors, bondholders, or stockholders of the original company, shall in any way be restricted or limited in participation in profits or dividends or distributions, or in respect to liens or the right to vote as the holders of stock or securities in the reorganized company, such reorganized company, and its directors and officers, shall issue the certificate of stock or securities into which the original stock, securities, or debts may be convertible with such restrictions or limitations distinctly set forth on the face of each so that purchasers may be advised of the terms of such restrictions or limitations. Holders of stock or securities created under such reorganization agreements may have only such restricted or limited rights, liens, participation in profits, dividends or distributions, and right to vote thereon, as are set forth in such agreements, certificate of stock, or securities.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.07 | Lien of Mortgages.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The lien of the mortgages and deeds of trust authorized by section 4971.04 of the Revised Code shall be subordinated to the lien of judgments recovered against the railroad company, after its reorganization, for labor performed for it, materials or supplies furnished to it, or damages, losses, or injuries suffered or sustained by the misconduct of its agents, after such reorganization, or to the lien of judgments against such company in any action founded on its contracts or liability as a common carrier made or incurred after such reorganization.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.08 | Lien for Labor Performed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action against a railroad company, domestic or foreign, operating a railroad in this state, when such action is to recover judgment for labor done, supplies furnished, damages or losses, or injuries suffered or sustained by the misconduct of its agents, or in an action founded on the company's contract or liability as a common carrier, if, when reduced to judgment by virtue of statute or principles of equity, it would become a line upon the property of such company, prior to the lien of a mortgage or deed of trust made under the laws of this state, such judgments shall be a prior lien upon such property, notwithstanding its sale or conveyance by virtue of a judgment or decree of foreclosure for breach of the terms of such mortgage or deed of trust.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.09 | Enforcement of Lien.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In order to take advantage of section 4971.08 of the Revised Code, before the day fixed for the sale of the property of such railroad company under judgment or decree of foreclosure and sale, a party prosecuting an action referred to in such section shall file with the clerk of the court in which the judgment or decree was rendered, a notice in writing, setting forth the title of his action, the court in which it is pending, the amount of his claim, the date from which he claims interest thereon, the probable amount of costs, and that he claims the judgment sought by him to be recovered would, when obtained, become a lien prior in law or equity to the lien of the judgment or decree of foreclosure and sale. Before the day of sale, or at the time of such sale, he shall serve a certified copy of such notice upon the officer or other person making such sale. Prior to offering the property for sale, such officer or other person shall read such notice publicly at the time and place of sale, and with his return of sale, return the copy of notice with the indorsement of his proceedings under such notice upon it to the court.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.10 | Court to Retain Amount of Lien.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
On the return of the officer or other person making a sale referred to in section 4971.09 of the Revised Code, before confirming such sale and ordering distribution of the funds arising from it, the court shall retain in its custody or under its control a sufficiency of such proceeds, applicable to distribution to the claimants under the liens of the mortgage or deed of trust, to satisfy any judgment which may be recovered in the action provided for in section 4971.08 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.11 | Action to Satisfy Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Within sixty days after the determination of the action referred to in section 4971.08 of the Revised Code, the party claiming such priority of lien, if he has recovered judgment against the railroad company, shall file his answer and cross-petition in the action pending in the court holding the fund, setting forth his claim thereto. Such court shall make the orders necessary to the determination of the questions of priorities and distribution of the retained fund as provided in section 4971.10 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.12 | Provisions Applicable to Certain Other Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 4971.01 to 4971.19, inclusive, of the Revised Code apply to companies whose railroads are party within and party without this state. A domestic company possessing such a railroad, may exercise all its powers, privileges, faculties, and franchises outside this state. A foreign corporation possessing a railroad which is partly in another state and partly within this state, may exercise and enjoy all its powers, privileges, faculties, and franchises in this state, for the purposes of such railroad and its business, not inconsistent with the laws of this state. Mortgages and deeds of trust made by such corporation upon its railroad, equipment, or other property within this state, shall operate in the manner and with like effect as provided with respect to railroad companies so reorganized. Such part of the railroad as is within this state is subject to taxation and all regulations of law as are railroads of this state in like cases, and the corporation owning such railroad shall be subject to all duties imposed by law in respect to it. Such corporation may sue and be sued in all cases and in the manner that a company of this state might sue or be sued.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.13 | Mortgaged Property May Be Sold Without Appraisement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Railroads and other property mortgaged by a reorganized railroad company, if the court deems it expedient, may be sold without appraisement, at judicial sales under judgments upon such mortgage but the court shall fix a minimum sum below which no sale shall be made. To fix that amount, the court may refer the subject to a master with instructions to take testimony and report the sum.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.14 | Creditors May Agree on Capitalization - Notice.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When judicial proceedings are pending in a court for the sale of a railroad, and such railroad is in the hands of a receiver appointed by such court, two thirds in interest of each class of mortgagees or holders of the bonds issued under a mortgage, two thirds in interest of all other classes of creditors of the railroad company, and the owners of two thirds of the shares of the stock of such company may agree in writing upon a plan for the adjustment of such indebtedness, by capitalization or otherwise.
When such agreement is made and filed in the office of the secretary of state, the secretary of state shall cause public notice of such agreement to be given in a newspaper of general circulation published in each of the cities of Columbus, Cincinnati, and Cleveland, and also in a newspaper of general circulation published in each of the counties through or in which the railroad is located. Publication shall be made immediately after the agreement is filed and continued for six consecutive weeks. The cost of such publication shall be paid by the company.
A duplicate of such agreement shall be kept at the principal office of the company. All persons in interest, not parties to such agreement, may, for four months after the date of the first publication, appear, either in person or by proxy, and become a party to such agreement, by signing it, and thereby secure its benefits.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.15 | Stocks or Bonds Held in a Fiduciary Capacity.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a portion of the stock or bonds of a railroad company is held by the state, by a county, township, or municipal corporation, or by an executor, administrator, guardian, or otherwise in a fiduciary capacity, the governor, board of county commissioners, board of township trustees, legislative authority, or other authority of the municipal corporation, or person holding in fiduciary capacity, may become parties to an agreement for the reorganization of such company, and may control, exchange, or manage such stock or bonds according to the terms of the agreement and receive new stock or bonds to be issued in place of the original stock or bonds, which shall be held on the same terms and subject to all liens which attached to the original stock or bonds.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.16 | Rights of Creditors Who Do Not Sign Agreement.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Persons in interest who fail to become parties to the agreement within the four-month period referred to in section 4971.14 of the Revised Code are entitled to the same rights, interest, estate, remedy, liens, and action, and none other, which parties in interest of like class and amount who signed the agreement obtained by and under it. If a person in interest fails for six years after the publication of the notice mentioned in such section to apply at the principal office of the company, either in person or by proxy, to become a party in interest in the agreement, such person, unless an infant or incompetent person, shall be barred of all interest, claim, right, or action under the agreement or otherwise. In case of such disability such rights shall be extended for two years after the termination of the disability.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.17 | Court to Make Order as to Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the agreement provided for by section 4971.14 of the Revised Code is made and filed, notice of it given, and proof thereof made or offered to be made in the court in which the proceedings are pending, the court shall dismiss the proceedings. Such court may make such order or decree touching the costs and expenses of the proceeding as it deems just.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.18 | Agreement May Be With Each Interest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The adjustment agreement is not required to be between the several interests specified in section 4971.14 of the Revised Code, but may be between each interest separately, and the railroad company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4971 | Reorganization of Railroads › Section 4971.19 | When Railroad Used by Two Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the railroad involved in the judicial proceedings referred to in sections 4971.01 to 4971.19, inclusive, of the Revised Code, is used, in whole or part, by the railroad company in common with another railroad company, on the same track, between points on the railroad common to both, and within the limits of the termini established by their charters, the company owning the railroad, if it can be done without impairing the usefulness thereof to such company, may lease for a period of years for an annual rent or sell for a fixed sum, to the company to which the railroad, in whole or in part, is common, an undivided interest in such railroad upon such terms as they agree upon. Such lease or sale shall be reported to and approved by the court, and when made and approved, the lessee or vendee thereof shall hold such interest free from any previous lien on it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.01 | Relief Association Prohibited.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No company created under and by virtue of the laws of this state or of any other state or country, having and operating a railroad in this state, shall establish, maintain, or assist in establishing or maintaining a relief association or society, the rules or bylaws of which require a person or employee becoming a member of such association or society to enter into an agreement or stipulation, directly or indirectly, whereby he stipulates or agrees to surrender or waive a right of damages against any railroad company for personal injuries or death, or to surrender or waive any right in case he asserts such claim for damages.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.02 | Unlawful for Railroad to Limit Liability as Employer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No railroad company owning and operating, or operating, a railroad shall adopt or promulgate a rule or regulation for the government of its servants or employees, or make or enter into an agreement with a person engaged in or about to engage in its service, in which such employee in any manner promises or agrees to hold such company harmless on account of an injury he may receive by reason of accident to, breakage, defect, or insufficiency in the cars or machinery and attachments thereto belonging on cars owned, operated, or run by such company being defective.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.03 | Unlawful for Company to Compel Employee to Join Any Company or Association.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No railroad company shall, directly or indirectly, compel or require an employee to join any company or association, withhold any part of an employee's wages or salary for the payment of dues or assessments in any society or organization, or demand or require either as a condition precedent to securing employment or being employed. Such railroad company shall not discharge an employee because he refuses or neglects to become a member of any society or organization. If an employee is discharged, at any time within ten days after receiving a notice of such discharge he may demand the reason of such discharge, and the railroad company thereupon must give the reason to him in writing.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.04 | Companies Prohibited From Demanding or Receiving Waivers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No railroad company, insurance society or association, or other person shall demand, accept, or enter into an agreement or stipulation with a person in or about to enter the employ of a railroad company whereby he stipulates or agrees to surrender or waive any right to damages against a railroad company thereafter arising for personal injury or death, or whereby he agrees to surrender or waive, in case he asserts such right, any other right.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.05 | Agreements Void.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All rules, regulations, stipulations, and agreements, declared unlawful by sections 4973.02 to 4973.04, inclusive, of the Revised Code, are void. A corporation, association, or person violating, or aiding or abetting the violation of such sections shall forfeit to the person thus wronged or deprived of his rights, not less than fifty nor over five hundred dollars for each offense, to be recovered by a civil action.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.06 | Defective Machinery Prima-Facie Evidence of Negligence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No railroad company knowingly or negligently shall use or operate a car or locomotive that is defective, or upon which the machinery or attachments belonging to such car or locomotive are in any manner defective. If an employee of such company receives injury by reason of a defect in a car or locomotive, or the machinery or attachments belonging to such car or locomotive, owned and operated or being operated by such company, it shall be deemed to have had knowledge of such defect before and at the time such injury is so sustained. When such defect is made to appear in the trial of any action brought by such employee, or his legal representative, against a railroad company for damages on account of injuries so received, that fact shall be prima-facie evidence of negligence on the part of such company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.07 | Employee Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In actions against a railroad company for personal injury to a person while in its employ, or for death resulting from such injury, arising from the negligence of such company or any of its officers or employees, in addition to other liability, it shall be held that every person in the employ of such company, with actual power or authority to direct or control another employee is not the fellow servant, but superior of such other employee. Every person in the employ of such company who has charge or control of employees in a separate branch or department is to be held to be the superior and not fellow servant of employees in another branch or department who have no power to direct or control in the branch or department in which they are employed.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.08 | Presumptive Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every railroad company operating a railroad in whole or part within this state is liable for all damages sustained by any of its employees by reason of personal injury or death of such employee:
(A) When such injury or death is caused by a defect in any locomotive, engine, car, handcar, rail, track, machinery, or appliance required by such company to be used by its employees in and about the business of their employment, if such defect could have been discovered by reasonable and proper care, tests, or inspection. Proof of such defect shall be presumptive evidence of knowledge of it on the part of such company. An employee of such railroad company who is injured or killed as a result of such a defect shall not be deemed to have assumed the risk occasioned thereby, although continuing in the employment of the company after knowledge of the defect, nor shall continuance in employment after such knowledge by an employee be deemed an act of contributory negligence.
(B) While such employee is engaged in operating, running, riding upon, or switching passenger, freight, or other trains, engines, or cars, and in the performance of his duties, and when such injury was caused by the carelessness or negligence of any other employee, officer, or agent of such company, in the discharge of or for failure to discharge his duties as such.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.09 | Slight Contributory Negligence No Bar to Recovery.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all actions against a railroad company, operating a railroad in whole or part within this state, for personal injury to an employee or where such injuries have resulted in his death, the fact that he was guilty of contributory negligence shall not bar a recovery when such negligence was slight and that of the employer greater in comparison. But the damages must be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence are for the jury.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.10 | Engineers Addicted to Drink Not to Be Employed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person or company operating a railroad in whole or in part in this state, directly or by or through a representative, shall knowingly suffer or permit a person to run or in any capacity to operate a railroad locomotive on any part of its railroad in this state who is intoxicated or in the habit of becoming intoxicated, or knowingly continue the employment of a person in such capacity after he becomes or is intoxicated while in charge of such locomotive.
For every violation of this section, the person or company operating such railroad shall forfeit to the state two hundred dollars to be recovered in its name in an action to be prosecuted in any county through which the railroad runs, by the prosecuting attorney of such county, who shall be entitled to twenty-five per cent of the recovery. The balance shall be paid into the county treasury.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.11 | Hours of Service of Certain Railroad Employees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No company operating a railroad over thirty miles in length or an interurban railroad or street railway over four miles in length shall permit a conductor, engineer, fireman, brakeman, or trainman on a train, a telegraph operator, or a conductor or motorman on a street railway, who has worked as such for fifteen consecutive hours, again to go on duty or perform work until he has had at least eight hours' rest, except in cases of detention of trains or cars caused by accident, unavoidable or otherwise. Such companies shall so regulate the hours of employment of their employees that each employee shall have at least eight consecutive hours of rest in each period of twenty-four hours.
A railroad company which knowingly violates this section shall forfeit not less than five hundred nor more than one thousand dollars for the first offense, and for any subsequent offense, not less than one thousand nor more than fifteen hundred dollars, to be recovered by civil action in the name of the state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.12 | Seats for Conductor and Motorman.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person or company shall operate in this state any electric or street railway car or interurban railroad car unless it is provided at all times during operation with seats for the motorman and conductor.
A violation of this section constitutes a violation of it by the president, general manager, general superintendent, or other officer in charge of operation. An offense on any calendar day and as to any car is a separate and distinct offense from a violation on any other such day.
The prosecuting attorneys of the various counties shall prosecute violations of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.13 | Sale of Railroad Scrap Metal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No officer, agent, or employee of a company operating a railroad, except the superintendent, general managing agent, or a receiver of the company, may sell or dispose of worn or scrap metal, iron, brass, or other metal owned by such company. All sales and barter of such scraps or other metals made by any other officer, agent, or employee are void. No such superintendent, managing agent, or receiver shall sell or dispose of such scrap or other metals in quantities less than one ton, nor without delivering to the purchaser a bill of sale of such metal, a copy of which shall be retained and filed in the office of such superintendent, agent, or receiver.
If a superintendent, managing agent, or receiver of a railroad company sells or disposes of railroad scrap metal in quantities less than one ton, or without delivering a bill of sale of such metal to the purchaser, the company which he represents shall not thereafter be entitled to the benefit of sections 4973.14 and 4973.15 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.14 | Evidence of Title of Scrap.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The person, company, or firm to whom is offered for sale, pledge, or trade, worn or used links, pins, journal bearings, or other worn, used, or detached appendages of railroad equipment, or scrap metal of iron, brass, or steel appertaining to such equipment or to a railroad track, before purchasing or dealing in it, shall ascertain whether the ownership thereof is lawfully derived, by bill of sale or otherwise, from a company, or the superintendent, managing agent, or receiver of the company. When the right or title to such article of metal is drawn in question in any suit, the person, company, or firm dealing in such metal, or its assignee, party thereto, must make prime-facie proof of title and ownership so derived.
If it appears, prima facie, from the evidence on the trial that any of the articles or metals in controversy were unlawfully obtained, and mixed or confused with other scrap metal, it shall be deemed a confusion of goods unless the party claiming against the title of the company establishes, prima facie, a lawful title from or through a railroad company to the residue.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.15 | Company May Replevy Scrap.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
By its proper officer or agent, or by the receiver of such company, a railroad company may claim to be the general owner of and replevy any of the metals or articles mentioned in section 4973.14 of the Revised Code, and metals with which they may have been confused, found in the possession of a person, firm, or company, when there is good reason to believe that such metals or articles were unlawfully taken from such company or its receiver. Instead of the usual averment as to ownership in the affidavit for a writ of replevin, it is sufficient for the officer, agent, or receiver of such company to aver that he believes such metals or articles were unlawfully taken from such company or some other company. The person, firm, or company claiming the right or title to such metals or articles in such action, prima facie shall prove a right or title to them, lawfully derived. In the absence of such proof, the company or receiver claiming such metals or articles shall be held to be the general owner of them, but any other company or receiver, upon showing that part of such metals or articles unlawfully were taken from it or him, shall be entitled to such part upon payment of a proper share of the cost and expenses of replevying it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.16 | Liability of Company or Receiver.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a railroad company or its receiver replevies property under section 4973.15 of the Revised Code without reasonable cause to believe that it was unlawfully taken from some company or its receiver, such company or receiver shall be liable to the party entitled to such property in any sum not exceeding double the value of the property so replevied, in addition to such damages as such party sustains thereby.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.18 | Oath of Office and Commission - Powers - Liabilities.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before entering upon the duties of his office, each policeman appointed under section 4973.17 of the Revised Code shall take and subscribe an oath of office which shall be indorsed on his commission, and said commission with the oath shall be recorded in the office of the secretary of state who shall charge and collect a fee of one dollar for such recording. Policemen so appointed and commissioned shall severally possess and exercise the powers of, and be subject to the liabilities of, municipal policemen while discharging the duties for which they are appointed.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.19 | Power of Police to Enforce Regulations and Make Arrests.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A company which avails itself of sections 4973.17 and 4973.18 of the Revised Code may make needful regulations to promote the public convenience and safety in and about its depots, stations, and grounds, not inconsistent with law, and print and post such regulations conspicuously upon its depots or station buildings. Policemen appointed under such sections shall enforce and compel obedience to such regulations. The keeper of jails, lockups, or station houses in each county shall receive persons arrested for the commission of an offense against such regulations or the laws of the state upon or along the railroad or premises of such company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.20 | When Police to Wear Badges.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Except while acting in the discharge of duty as a detective for the railroad, every policeman appointed under section 4973.17 of the Revised Code shall, when on duty, wear in plain view a metallic shield with the word "police" and the name of the railroad for which he is appointed inscribed on it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.21 | Compensation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The compensation of policemen appointed or commissioned as provided in section 4973.17 of the Revised Code shall be paid by the company for which they respectively are appointed, and at such rates as are agreed upon by the parties.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.22 | Notice Terminating Services Filed With Secretary of State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a company no longer requires the services of a policeman appointed as provided in section 4973.17 of the Revised code, it may file in the office of the secretary of state a notice to that effect signed by its authorized officer, which notice shall be noted by the secretary of state upon the margin of the record where the commission is recorded, and thereupon the power of such policeman shall cease. No charge shall be made by the secretary of state for the filing of such notice.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.23 | Detention Upon Probable Cause by Conductor or Ticket Agent.

Effective:
March 23, 2000
Latest Legislation:
Senate Bill 107 - 123rd General Assembly
(A) A conductor of any train carrying passengers or of the cars of any interurban railroad carrying passengers, and a ticket agent employed in or about a railroad or interurban railroad station, while on duty on the train or cars, or in or about the station, who has probable cause to believe that a person has committed an offense may detain the person in a reasonable manner and for a reasonable length of time within the train, the cars, or the station, for the purpose of recovering any property involved in the offense, causing an arrest to be made by a peace officer, or obtaining a warrant of arrest.
(B) A conductor or ticket agent acting under division (A) of this section shall not search the person detained, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.
(C) Any peace officer, as defined in section 2935.01 of the Revised Code, may arrest without a warrant any person who the officer has probable cause to believe has committed any violation of law and shall make the arrest within a reasonable time after the commission of the violation of law.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.24 | Conductor May Eject Passenger.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a passenger is guilty of disorderly conduct, uses obscene language, or plays a game of cards or chance for money or other thing of value on a passenger train or the cars of an interurban railroad carrying passengers, the conductor of such train or cars shall stop his train or cars at the place where such offense is committed, or at the next stopping place for such train or cars and eject such passenger from the train or cars, using only such force as is necessary. The conductor may command the assistance of employees of the company, person, or firm owning or operating such railroad or interurban railroad and of the passengers on such train or cars, to assist in such removal. Before removing such passenger, the conductor shall tender to the passenger such proportion of the fare he paid as the distance he then is from the place to which he paid fare bears to the whole distance for which his fare is paid.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.25 | Liability for Conductor's Conduct.

Effective:
March 23, 2000
Latest Legislation:
Senate Bill 107 - 123rd General Assembly
In no case shall the liability of a railroad company for damages caused by the conduct of its conductor be affected by section 4973.23 or 4973.24 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.26 | Negligence of Official Duty.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No conductor having charge of a passenger train or of the cars of any interurban railroad carrying passengers within this state shall willfully neglect his duty as required by sections 4973.24 and 4973.25 of the Revised Code, or fail to use all the means in his power to carry out such sections. Whoever violates this section is guilty of negligence of official duty.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4973 | Employees; Police Officers › Section 4973.99 | Penalty.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) Whoever violates section 4973.12 of the Revised Code shall be fined not less than fifty nor more than one hundred dollars or imprisoned not less than ten nor more than thirty days.
(B) Whoever violates section 4973.26 of the Revised Code shall be fined not less than five nor more than twenty-five dollars.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.01 | Rail Development Commission Definitions.

Effective:
October 25, 1995
Latest Legislation:
House Bill 61 - 121st General Assembly
As used in sections 4981.01 to 4981.34 of the Revised Code:
(A) "Person" means, in addition to the meaning given that term in division (C) of section 1.59 of the Revised Code, any unit of local government, any local or regional transportation authority, and any private corporation or organization.
(B) "Rail property" means any asset or right that is used or is useful in providing rail service, including tracks, rolling stock, rights-of-way, bridges, grade crossing equipment, terminals, stations, parking facilities, and other rail facilities.
(C) "Rail service" means freight, intercity passenger, commuter, and high speed rail transportation service.
(D) "Regional rail reorganization act" means the "Regional Rail Reorganization Act of 1973," 87 Stat. 986, 45 U.S.C.A. 701, as amended.
(E) "Local or regional transportation authority" includes a county transit board, a board of county commissioners operating a county transit system, a regional transit authority, a regional transit commission, or any other local or regional transportation authority or agency.
(F) "Qualifying subdivision" means a county, township, or municipal corporation in this state that is levying a tax for the purpose of acquiring, rehabilitating, or developing rail service or rail property pursuant to division (CC) of section 5705.19 of the Revised Code.
(G) "Ancillary system facilities" means all facilities desirable in connection with the operation and maintenance of a rail system such as parking lots, retail establishments, restaurants, hotels, offices, and other commercial or support facilities, located within or outside the right-of-way of the rail system.
(H) "Corridor" means a designated portion of a rail system serving two or more designated urban areas.
(I) "Franchise" means a license approved by the Ohio rail development commission that grants exclusive rights to a private corporation or organization to plan, construct, finance, lease, improve, use, operate, maintain, and set and collect charges for the use of a rail system or a portion of a rail system, such as a corridor, for a period of years as permitted by section 4981.29 of the Revised Code, as system owner or as lessee from or agent of the commission.
(J) "Franchise agreement" means the agreement executed between the Ohio rail development commission and a person to whom a franchise is awarded.
(K) "3-C corridor" means the corridor connecting Cincinnati, Columbus, and Cleveland.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.03 | Duties of Rail Development Commission.

Effective:
June 27, 2005
Latest Legislation:
Senate Bill 124 - 126th General Assembly
(A) The Ohio rail development commission shall do all of the following:
(1) Develop, promote, and support safe, adequate, and efficient rail service throughout the state;
(2) Maintain adequate programs of investigation, research, promotion, planning, and development for rail service, which programs shall include the consideration of recommendations by public or private planning organizations;
(3) Provide for the participation of private corporations or organizations and the public in the development, construction, operation, and maintenance of rail service, and as franchisees of rail service.
(B) In regard to rail service, the Ohio rail development commission is the successor of the Ohio high speed rail authority and the division of rail transportation of the department of transportation. The commission shall succeed to all federal allotments, entitlements, subsidies, and grants now existing, whether such allotments, entitlements, subsidies, and grants are encumbered or unencumbered, in the same manner and with the same authority as the Ohio high speed rail authority and the division of rail transportation exercised prior to October 20, 1994.
(C) Every authority, commission, department, or other agency of this state shall provide the commission with data, plans, research, and any other information that the commission requests to assist it in performing its duties pursuant to this chapter.
(D) The commission may request and contract with any railroad to provide it with data and information necessary to carry out the purposes of this chapter. All railroads operating within this state shall provide the requested data and information to the commission. The commission shall not disclose any confidential data or information supplied to it.
(E) The commission shall cooperate with the director of development by exercising the commission's duty to promote and develop rail service in this state in conjunction with the director's exercise of his duty to promote the economic development of this state.
(F) The commission, when developing rail service throughout the state, may give priority to projects undertaken within the geographic boundaries of qualifying subdivisions.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.031 | Applying for Federal Loans.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) The Ohio rail development commission or the department of transportation, on behalf of the commission, may apply for and receive from the United States government loans and grants in accordance with any federal law or program concerning rail transportation.
(B) It is hereby found and determined that rail transportation is an essential and indispensable part of the commerce and industry of the state and is of vital importance to the creation and preservation of jobs and employment opportunities and to the improvement of the economic welfare of the people of the state, and that rail transportation creates, promotes, and is a part of the continuous exchange of goods and services in the state economy. It is further found and determined that the authority granted by Chapter 4981. of the Revised Code is consistent with and will effect the purposes of Section 13 of Article VIII, Ohio Constitution, that rail transportation is part of and is directly related to industry, commerce, distribution, and research under Section 13 of Article VIII, Ohio Constitution, and that it is in the public interest and a proper public purpose under Section 13 of Article VIII, Ohio Constitution, for the state to acquire, construct, enlarge, improve, or equip, and to sell, lease, or exchange, or otherwise dispose of property, structures, equipment, and facilities for rail transportation, all as provided in Chapter 4981. of the Revised Code, and that such activities will contribute to the creation or preservation of jobs or employment opportunities or the improvement of the economic welfare of the people of the state. Chapter 4981. of the Revised Code, being necessary for the welfare of the state and its people, shall be liberally construed to effect its purposes.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.032 | Issuing Grants and Loans.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
The Ohio rail development commission may issue grants and loans to any transportation authority or to any person for the purpose of continuing or instituting rail transportation in the state. The grants and loans may be used for rehabilitation, construction, planning, relocation, or acquisition of rail transportation or rail property, or for substitute service. The grants and loans may be provided by the commission with funds from the United States government, the state, any transportation authority, or any person, or from any combination of those sources. The commission shall establish eligibility and distribution criteria for the grants and loans.