As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                               Sub. S. B. No. 7  5            

      1997-1998                                                    6            


        SENATORS KEARNS-BLESSING-FINAN-LATTA-GAETH-McLIN           8            


                                                                   10           

                           A   B I L L                                          

             To amend section 149.331 of the Revised Code and to   12           

                amend Section 139 of Am. Sub. H.B. 117 of the                   

                121st General Assembly to provide for the          13           

                transfer of records of the Ohio Veterans'                       

                Children's Home to appropriate archival            14           

                institutions; to authorize the conveyance of       15           

                state-owned land in Greene County known as the     16           

                Ohio Veterans' Children's Home to the Board of                  

                County Commissioners of Greene County; to provide  17           

                that the proceeds of the sale of the Ohio                       

                Veterans' Children's Home be deposited into Fund   18           

                4Z0, the Veterans' Plaza Fund; to make other       19           

                provisions to effect the sale of the Ohio          20           

                Veterans' Children's Home; and to declare an                    

                emergency.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That section 149.331 of the Revised Code be      25           

amended to read as follows:                                                     

      Sec. 149.331.  The state record administration program of    36           

the department of administrative services shall do all of the                   

following:                                                         37           

      (A)  Establish and promulgate in consultation with the       39           

state archivist, standards, procedures, and techniques for the     40           

effective management of state records;                             41           

      (B)  Make continuing surveys of record-keeping operations    43           

and recommend improvements in current records management           44           

                                                          2      

                                                                 
practices including the use of space, equipment, and supplies      45           

employed in creating, maintaining, storing, and servicing          46           

records;                                                           47           

      (C)  Establish and operate such state records centers and    49           

auxiliary facilities as may be authorized by appropriation and     50           

provide such related services as are deemed necessary for the      51           

preservation, screening, storage, and servicing of state records   52           

pending disposition;                                               53           

      (D)  Review applications for one-time records disposal and   55           

schedules of records retention and destruction submitted by state  56           

agencies in accordance with section 149.333 of the Revised Code;   57           

      (E)  Establish "general schedules" proposing the disposal,   59           

after the lapse of specified periods of time, of records of        60           

specified form or character common to several or all agencies      61           

that either have accumulated or may accumulate in such agencies    62           

and that apparently will not, after the lapse of the periods       63           

specified, have sufficient administrative, legal, fiscal, or       64           

other value to warrant their further preservation by the state;    65           

      (F)  Establish and maintain a records management training    67           

program for personnel involved in record-making and                68           

record-keeping functions of departments, offices, and              69           

institutions;                                                      70           

      (G)  Obtain reports from departments, offices, and           72           

institutions necessary for the effective administration of the     73           

program;                                                           74           

      (H)  Provide for the disposition of any remaining records    76           

of any state agency, board, or commission, whether in the          77           

executive, judicial, or legislative branch of government, that     78           

has terminated its operations.  After the closing of the Ohio      80           

veterans' children's home, the resident and administrative         81           

records of the home and the resident and administrative records    82           

of the home when it was known as the soldiers' and sailors'        83           

orphans' home required to be maintained by approved records                     

retention schedules shall be administered by the state department  84           

                                                          3      

                                                                 
of education pursuant to this chapter, THE ADMINISTRATIVE RECORDS  85           

OF THE HOME REQUIRED TO BE MAINTAINED BY APPROVED RECORDS          86           

RETENTION SCHEDULES SHALL BE ADMINISTERED BY THE DEPARTMENT OF     87           

ADMINISTRATIVE SERVICES PURSUANT TO THIS CHAPTER, and historical   88           

records of the home shall be transferred to an appropriate         89           

archival institution in this state prescribed by the state record  90           

administration program.                                                         

      (I)  Establish a centralized program coordinating            92           

micrographics standards, training, and services for the benefit    93           

of all state agencies;                                             94           

      (J)  Establish and publish in accordance with the            96           

applicable law necessary procedures and rules for the retention    97           

and disposal of state records.                                     98           

      This section does not apply to the records of                100          

state-supported institutions of higher education, which shall      101          

keep their own records.                                            102          

      Section 2.  That existing section 149.331 of the Revised     104          

Code is hereby repealed.                                           105          

      Section 3.  (A)  The Governor is hereby authorized to        107          

execute a deed in the name of the state conveying to the Board of  108          

County Commissioners of Greene County and its successors and       109          

assigns all of the state's right, title, and interest in real      110          

estate located in Greene County, consisting of approximately 440   111          

acres and the buildings, structures, improvements, and other       112          

facilities erected thereon, known as the Ohio Veterans'            113          

Children's Home.                                                                

      (B)(1)  The conveyance of the real estate described in       115          

division (A) of this section shall be subject to the lease that    116          

the Director of Administrative Services entered into with the      117          

Association of Ex-Pupils of the Ohio Veterans' Children's Home     118          

pursuant to division (E) of Section 166 of Am. Sub. H.B. 117 of    119          

the 121st General Assembly and that was recorded in Volume 1018,   120          

Page 79, of the Official Records of Greene County.                              

      (2)  The conveyance of the real estate described in          122          

                                                          4      

                                                                 
division (A) of this section shall be subject to any easements,    123          

rights-of-way, and restrictions of record.                         124          

      (3)  The Board of County Commissioners of Greene County      126          

shall be responsible for any recordation work or expense           127          

subsequent to recording the deed of consolidation prepared         128          

pursuant to division (E) of this section.                                       

      (C)  The consideration for the conveyance of the real        130          

estate described in division (A) of this section is a purchase     131          

price of $1,307,868, to be paid in three annual installments of    132          

$435,956.                                                                       

      (D)  The proceeds of the conveyance shall be deposited into  135          

the State Treasury to the credit of Fund 4Z0, the Veterans' Plaza  136          

Fund, created in Section 139 of Am. Sub. H.B. 117 of the 121st                  

General Assembly.                                                  137          

      (E)  Upon receipt of the first annual installment of         139          

$435,956 paid pursuant to division (C) of this section, the        140          

Auditor of State, with the assistance of the Attorney General,     141          

shall prepare a deed of consolidation with respect to the real     142          

estate described in division (A) of this section that is based on  143          

the current recorded deeds to the real estate.  The deed of        144          

consolidation shall state the consideration and shall state that   145          

the conveyance is subject to a lease of properties as specified    146          

in division (E) of Section 166 of Am. Sub. H.B. 117 of the 121st   147          

General Assembly to the Association of Ex-Pupils of the Ohio       148          

Veterans' Children's Home, to the conditions described in                       

divisions (B)(2) and (3) of this section, and to the requirements  149          

of Section 5 of this act.  The deed of consolidation shall be      150          

executed by the Governor in the name of the state, countersigned   151          

by the Secretary of State, sealed with the Great Seal of the       152          

State, presented in the Office of the Auditor of State for         153          

recording, and delivered to the Board of County Commissioners of                

Greene County.  The Board of County Commissioners of Greene        154          

County shall present the deed for recording in the Office of the   155          

Greene County Recorder.                                                         

                                                          5      

                                                                 
      Section 4.  Notwithstanding section 126.29 of the Revised    157          

Code, at any time on or after the later of July 1, 1997, or the    159          

first day of the first pay period commencing after the effective   160          

date of this section, the Department of Administrative Services    161          

shall assume the business and financial functions of the Ohio                   

Veterans' Children's Home.                                         162          

      Any business commenced but not completed by the Home that    164          

relates to the closing and disposal of property of the Home shall  165          

be completed by the Department.  Any contract or other document    166          

that refers to the Home shall be deemed to be a reference to the   167          

Department.  The Department shall assume all responsibility        168          

related to the layoff of employees and the final disbursement of   169          

wages and salaries.                                                             

      No action or proceeding pending on the effective date of     171          

this section and relating to the Home is affected by this          172          

transfer, and all actions and proceedings of that nature shall be  173          

prosecuted or defended in the name of the Department.  In all      175          

actions and proceedings of that nature, the Department shall be    176          

substituted as a party upon application by the appropriate entity               

to the court or other appropriate tribunal.                        177          

      The cancellation and reissuance of encumbrances and funds    179          

and any other actions necessary to implement this section are      180          

hereby authorized.  Administrative records of the Home and the     181          

remaining property at the Home shall be transferred to the         182          

Department.                                                                     

      Upon completion of all business functions, but not later     184          

than 180 days after the effective date of this section, the        185          

Department shall request the Auditor of State to conduct a final   186          

audit of the Home.                                                              

      Section 5.  (A)  Notwithstanding sections 125.12 and 125.13  188          

of the Revised Code, each of the following items of historic or    189          

symbolic significance at the Ohio Veterans' Children's Home shall  190          

be transferred to the Ex-Pupils Association of the Ohio Veterans'  192          

Children's Home if the Home ceases to exist as a facility for      193          

                                                          6      

                                                                 
children and families and the grounds of the Home are renovated    194          

or refurbished so that any of the following occur to that item:    195          

      (1)  The signs, graystone main entrance, and canons mounted  197          

on the grounds of the Home are removed.                            198          

      (2)  The power plant whistle is dismantled so it cannot be   200          

heard throughout the city of Xenia.                                201          

      (3)  Buildings are razed, converted, or destroyed so that    203          

building names, plaques, and other memorial mountings are          204          

destroyed or removed from their present site.                      205          

      (4)  The cornerstone of the Academic Building is opened.     207          

      (5)  The top of the flag pole is removed.                    209          

      (B)  The items described in division (A) of this section     211          

shall be transferred to the Association of Ex-Pupils at no cost,   212          

for placement in its Museum.  If the Association ceases to exist   213          

or operate the Museum, these items shall be offered to the Greene  214          

County Historical Society.  If the Society declines to accept any  216          

item described in division (A) of this section, the item shall be               

offered to the Ohio Historical Society.  If the Ohio Historical    218          

Society declines to accept any item described in division (A) of   219          

this section, the item shall be offered to the Ohio Veterans'      221          

Home.  If the Ohio Veterans' Home declines to accept any item      222          

described in division (A) of this section, the item is subject to               

sections 125.12 and 125.13 of the Revised Code.  All offerings of  224          

items to the Greene County Historical Society, Ohio Historical     225          

Society, or Ohio Veterans' Home shall be accepted or declined not  227          

later than 90 days after the date the item is offered.                          

      (C)  Notwithstanding sections 125.12 and 125.13 of the       229          

Revised Code, if the Ohio Veterans' Children's Home is sold or     230          

transferred, all remaining property, including moveable and fixed  232          

assets, shall be transferred in place on the date of transfer of   233          

the facility to the party that by law will take physical           234          

possession of the property.  Prior to this transfer, only chattel  235          

property at the Home may be transferred to other state agencies    236          

or to the Division of State Surplus Property in the Department of  237          

                                                          7      

                                                                 
Administrative Services.                                                        

      Section 6.  That Section 139 of Am. Sub. H.B. 117 of the     239          

121st General Assembly be amended to read as follows:              240          

      "Sec. 139.  Veterans' Plaza                                  242          

      Upon the sale of the Ohio Veterans' Children's Home,         244          

$1,000,000 of the proceeds OF THE SALE shall be deposited to Fund  245          

4Z0, Veterans' Plaza Fund, which is hereby created.  These funds   247          

shall serve as repayment for the expenses incurred by the          248          

construction of the Veterans' Plaza."                                           

      Section 7.  That existing Section 139 of Am. Sub. H.B. 117   250          

of the 121st General Assembly is hereby repealed.                  251          

      Section 8.  Section 3 of this act expires two years after    253          

the effective date of Sub. S.B. 7 of the 122nd General Assembly.   254          

      Section 9.  This act is hereby declared to be an emergency   256          

measure necessary for the immediate preservation of the public     257          

peace, health, and safety.  The reason for such necessity is to    258          

permit the Board of County Commissioners of Greene County to       259          

implement at the earliest possible time programs providing                      

children and family services on the real estate described in       260          

division (A) of Section 3 of this act.  Therefore, this act shall  261          

go into immediate effect.