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
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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
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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
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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.
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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
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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
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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.