Ohio § 5537.02

§ 5537.02.

(A) There is hereby created a commission to be known on and after July 1, 2013, as the

“Ohio turnpike and infrastructure commission.” The commission is a body both corporate and politic, constituting an instrumentality

of the state, and the exercise by it of the powers conferred by this chapter in the

construction, operation, and maintenance of the Ohio turnpike system, and also in

entering into agreements with the department of transportation to pay the cost or

a portion of the costs of infrastructure projects, are and shall be held to be essential

governmental functions of the state.  Chapter 2744. of the Revised Code applies to the commission and the commission is

a political subdivision of the state for purposes of that chapter.  The commission is subject to all provisions of law generally applicable to state

agencies which do not conflict with this chapter. (B)(1) The commission shall consist of ten members as follows: (a) Six members appointed by the governor with the advice and consent of the senate,

no more than three of whom shall be members of the same political party; (b) The director of transportation, or the director's designee, who shall be a voting

member, and the director of budget and management, or the director's designee.  The directors or their designees, as applicable, shall serve as ex officio members,

without compensation; (c) One member of the senate, appointed by the president of the senate; (d) One member of the house of representatives, appointed by the speaker of the house

of representatives. (2) The members appointed by the governor shall be residents of the state, shall have

been qualified electors therein for a period of at least five years next preceding

their appointment.  In making the appointments, the governor may appoint persons who reside in different

geographic areas of the state, taking into consideration the various turnpike and

infrastructure projects in the state.  Members appointed to the commission prior to July 1, 2013, shall serve terms of

eight years commencing on the first day of July and ending on the thirtieth day of

June.  Thereafter, members appointed by the governor shall serve terms of five years commencing

on the first day of July and ending on the thirtieth day of June.  Those members appointed by the president of the senate or the speaker of the house

of representatives shall serve a term of the remainder of the general assembly during

which the senator or representative is appointed.  Each appointed member shall hold office from the date of appointment until the end

of the term for which the member was appointed.  If a commission member dies or resigns, or if a senator or representative who is

a member of the commission ceases to be a senator or representative, or if an ex officio

member ceases to hold the applicable office, the vacancy shall be filled in the same

manner as provided in division (B)(1) of this section.  Any member who fills a vacancy occurring prior to the end of the term for which

the member's predecessor was appointed shall, if appointed by the governor, hold office

for the remainder of such term or, if appointed by the president of the senate or

the speaker of the house of representatives, shall hold office for the remainder of

the term or for a shorter period of time as determined by the president or the speaker.  Any member appointed by the governor shall continue in office subsequent to the

expiration date of the member's term until the member's successor takes office, or

until a period of sixty days has elapsed, whichever occurs first.  A member of the commission is eligible for reappointment.  Each member of the commission appointed by the governor, before entering upon the

member's duties, shall take an oath as provided by Section 7 of Article XV, Ohio Constitution .  The governor, the president of the senate, or the speaker of the house of representatives,

may at any time remove their respective appointees to the commission for misfeasance,

nonfeasance, or malfeasance in office. (3)(a) A member of the commission who is appointed by the president of the senate or the

speaker of the house of representatives shall not participate in any vote of the commission.  Serving as an appointed member of the commission under divisions (B)(1)(c), (1)(d),

or (2) of this section does not constitute grounds for resignation from the senate

or the house of representatives under section 101.26 of the Revised Code . (b) The director of budget and management shall not participate in any vote of the commission. (C) The voting members of the commission shall elect one of the voting members as chairperson

and another as vice-chairperson, and shall appoint a secretary-treasurer who need

not be a member of the commission.  Four of the voting members of the commission constitute a quorum, and the affirmative

vote of four voting members is necessary for any action taken by the commission.  No vacancy in the membership of the commission impairs the rights of a quorum to

exercise all the rights and perform all the duties of the commission. (D) Each member of the commission appointed by the governor shall give a surety bond

to the commission in the penal sum of twenty-five thousand dollars and the secretary-treasurer

shall give such a bond in at least the penal sum of fifty thousand dollars.  The commission may require any of its officers or employees to file surety bonds

including a blanket bond as provided in section 3.06 of the Revised Code .  Each such bond shall be in favor of the commission and shall be conditioned upon

the faithful performance of the duties of the office, executed by a surety company

authorized to transact business in this state, approved by the governor, and filed

in the office of the secretary of state.  The costs of the surety bonds shall be paid or reimbursed by the commission from

revenues.  Each member of the commission appointed by the governor shall receive an annual

salary of five thousand dollars, payable in monthly installments.  Each member shall be reimbursed for the member's actual expenses necessarily incurred

in the performance of the member's duties.  All costs and expenses incurred by the commission in carrying out this chapter shall

be payable solely from revenues and state taxes, and no liability or obligation shall

be incurred by the commission beyond the extent to which revenues have been provided

for pursuant to this chapter.