As Passed by the House 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 7 5
1997-1998 6
SENATORS KEARNS-BLESSING-FINAN-LATTA-GAETH-McLIN- 8
REPRESENTATIVES GARCIA-BRITTON-JAMES-REID-LEWIS-SCHULER 9
11
A B I L L
To amend section 149.331 of the Revised Code and to 13
amend Section 139 of Am. Sub. H.B. 117 of the 14
121st General Assembly to provide for the 15
transfer of records of the Ohio Veterans' 16
Children's Home to appropriate archival 17
institutions; to authorize the conveyance of 18
state-owned land in Greene County known as the 19
Ohio Veterans' Children's Home to the Board of 20
County Commissioners of Greene County; to provide 21
that the proceeds of the sale of the Ohio 22
Veterans' Children's Home be deposited into Fund 23
4Z0, the Veterans' Plaza Fund; to make other 24
provisions to effect the sale of the Ohio 25
Veterans' Children's Home; and to declare an 26
emergency. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That section 149.331 of the Revised Code be 32
amended to read as follows:
Sec. 149.331. The state record administration program of 43
the department of administrative services shall do all of the
following: 44
(A) Establish and promulgate in consultation with the 46
state archivist, standards, procedures, and techniques for the 47
effective management of state records; 48
(B) Make continuing surveys of record-keeping operations 50
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and recommend improvements in current records management 51
practices including the use of space, equipment, and supplies 52
employed in creating, maintaining, storing, and servicing 53
records; 54
(C) Establish and operate such state records centers and 56
auxiliary facilities as may be authorized by appropriation and 57
provide such related services as are deemed necessary for the 58
preservation, screening, storage, and servicing of state records 59
pending disposition; 60
(D) Review applications for one-time records disposal and 62
schedules of records retention and destruction submitted by state 63
agencies in accordance with section 149.333 of the Revised Code; 64
(E) Establish "general schedules" proposing the disposal, 66
after the lapse of specified periods of time, of records of 67
specified form or character common to several or all agencies 68
that either have accumulated or may accumulate in such agencies 69
and that apparently will not, after the lapse of the periods 70
specified, have sufficient administrative, legal, fiscal, or 71
other value to warrant their further preservation by the state; 72
(F) Establish and maintain a records management training 74
program for personnel involved in record-making and 75
record-keeping functions of departments, offices, and 76
institutions; 77
(G) Obtain reports from departments, offices, and 79
institutions necessary for the effective administration of the 80
program; 81
(H) Provide for the disposition of any remaining records 83
of any state agency, board, or commission, whether in the 84
executive, judicial, or legislative branch of government, that 85
has terminated its operations. After the closing of the Ohio 87
veterans' children's home, the resident and administrative 88
records of the home and the resident and administrative records 89
of the home when it was known as the soldiers' and sailors' 90
orphans' home required to be maintained by approved records
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retention schedules shall be administered by the state department 91
of education pursuant to this chapter, THE ADMINISTRATIVE RECORDS 92
OF THE HOME REQUIRED TO BE MAINTAINED BY APPROVED RECORDS 93
RETENTION SCHEDULES SHALL BE ADMINISTERED BY THE DEPARTMENT OF 94
ADMINISTRATIVE SERVICES PURSUANT TO THIS CHAPTER, and historical 95
records of the home shall be transferred to an appropriate 96
archival institution in this state prescribed by the state record 97
administration program.
(I) Establish a centralized program coordinating 99
micrographics standards, training, and services for the benefit 100
of all state agencies; 101
(J) Establish and publish in accordance with the 103
applicable law necessary procedures and rules for the retention 104
and disposal of state records. 105
This section does not apply to the records of 107
state-supported institutions of higher education, which shall 108
keep their own records. 109
Section 2. That existing section 149.331 of the Revised 111
Code is hereby repealed. 112
Section 3. (A) The Governor is hereby authorized to 114
execute a deed in the name of the state conveying to the Board of 115
County Commissioners of Greene County and its successors and 116
assigns all of the state's right, title, and interest in real 117
estate located in Greene County, consisting of approximately 440 118
acres and the buildings, structures, improvements, and other 119
facilities erected thereon, known as the Ohio Veterans' 120
Children's Home.
(B)(1) The conveyance of the real estate described in 122
division (A) of this section shall be subject to the lease that 123
the Director of Administrative Services entered into with the 124
Association of Ex-Pupils of the Ohio Veterans' Children's Home 125
pursuant to division (E) of Section 166 of Am. Sub. H.B. 117 of 126
the 121st General Assembly and that was recorded in Volume 1018, 127
Page 79, of the Official Records of Greene County.
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(2) The conveyance of the real estate described in 129
division (A) of this section shall be subject to any easements, 130
rights-of-way, and restrictions of record. 131
(3) The Board of County Commissioners of Greene County 133
shall be responsible for any recordation work or expense 134
subsequent to recording the deed of consolidation prepared 135
pursuant to division (E) of this section.
(C) The consideration for the conveyance of the real 137
estate described in division (A) of this section is a purchase 138
price of $1,307,868, to be paid in three annual installments of 139
$435,956.
(D) The proceeds of the conveyance shall be deposited into 142
the State Treasury to the credit of Fund 4Z0, the Veterans' Plaza 143
Fund, created in Section 139 of Am. Sub. H.B. 117 of the 121st
General Assembly. 144
(E) Upon receipt of the first annual installment of 146
$435,956 paid pursuant to division (C) of this section, the 147
Auditor of State, with the assistance of the Attorney General, 148
shall prepare a deed of consolidation with respect to the real 149
estate described in division (A) of this section that is based on 150
the current recorded deeds to the real estate. The deed of 151
consolidation shall state the consideration and shall state that 152
the conveyance is subject to a lease of properties as specified 153
in division (E) of Section 166 of Am. Sub. H.B. 117 of the 121st 154
General Assembly to the Association of Ex-Pupils of the Ohio 155
Veterans' Children's Home, to the conditions described in
divisions (B)(2) and (3) of this section, and to the requirements 156
of Section 5 of this act. The deed of consolidation shall be 157
executed by the Governor in the name of the state, countersigned 158
by the Secretary of State, sealed with the Great Seal of the 159
State, presented in the Office of the Auditor of State for 160
recording, and delivered to the Board of County Commissioners of
Greene County. The Board of County Commissioners of Greene 161
County shall present the deed for recording in the Office of the 162
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Greene County Recorder.
Section 4. Notwithstanding section 126.29 of the Revised 164
Code, at any time on or after the later of July 1, 1997, or the 166
first day of the first pay period commencing after the effective 167
date of this section, the Department of Administrative Services 168
shall assume the business and financial functions of the Ohio
Veterans' Children's Home. 169
Any business commenced but not completed by the Home that 171
relates to the closing and disposal of property of the Home shall 172
be completed by the Department. Any contract or other document 173
that refers to the Home shall be deemed to be a reference to the 174
Department. The Department shall assume all responsibility 175
related to the layoff of employees and the final disbursement of 176
wages and salaries.
No action or proceeding pending on the effective date of 178
this section and relating to the Home is affected by this 179
transfer, and all actions and proceedings of that nature shall be 180
prosecuted or defended in the name of the Department. In all 182
actions and proceedings of that nature, the Department shall be 183
substituted as a party upon application by the appropriate entity
to the court or other appropriate tribunal. 184
The cancellation and reissuance of encumbrances and funds 186
and any other actions necessary to implement this section are 187
hereby authorized. Administrative records of the Home and the 188
remaining property at the Home shall be transferred to the 189
Department.
Upon completion of all business functions, but not later 191
than 180 days after the effective date of this section, the 192
Department shall request the Auditor of State to conduct a final 193
audit of the Home.
Section 5. (A) Notwithstanding sections 125.12 and 125.13 195
of the Revised Code, each of the following items of historic or 196
symbolic significance at the Ohio Veterans' Children's Home shall 197
be transferred to the Ex-Pupils Association of the Ohio Veterans' 199
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Children's Home if the Home ceases to exist as a facility for 200
children and families and the grounds of the Home are renovated 201
or refurbished so that any of the following occur to that item: 202
(1) The signs, graystone main entrance, and canons mounted 204
on the grounds of the Home are removed. 205
(2) The power plant whistle is dismantled so it cannot be 207
heard throughout the city of Xenia. 208
(3) Buildings are razed, converted, or destroyed so that 210
building names, plaques, and other memorial mountings are 211
destroyed or removed from their present site. 212
(4) The cornerstone of the Academic Building is opened. 214
(5) The top of the flag pole is removed. 216
(B) The items described in division (A) of this section 218
shall be transferred to the Association of Ex-Pupils at no cost, 219
for placement in its Museum. If the Association ceases to exist 220
or operate the Museum, these items shall be offered to the Greene 221
County Historical Society. If the Society declines to accept any 223
item described in division (A) of this section, the item shall be
offered to the Ohio Historical Society. If the Ohio Historical 225
Society declines to accept any item described in division (A) of 226
this section, the item shall be offered to the Ohio Veterans' 228
Home. If the Ohio Veterans' Home declines to accept any item 229
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 231
items to the Greene County Historical Society, Ohio Historical 232
Society, or Ohio Veterans' Home shall be accepted or declined not 234
later than 90 days after the date the item is offered.
(C) Notwithstanding sections 125.12 and 125.13 of the 236
Revised Code, if the Ohio Veterans' Children's Home is sold or 237
transferred, all remaining property, including moveable and fixed 239
assets, shall be transferred in place on the date of transfer of 240
the facility to the party that by law will take physical 241
possession of the property. Prior to this transfer, only chattel 242
property at the Home may be transferred to other state agencies 243
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or to the Division of State Surplus Property in the Department of 244
Administrative Services.
Section 6. That Section 139 of Am. Sub. H.B. 117 of the 246
121st General Assembly be amended to read as follows: 247
"Sec. 139. Veterans' Plaza 249
Upon the sale of the Ohio Veterans' Children's Home, 251
$1,000,000 of the proceeds OF THE SALE shall be deposited to Fund 252
4Z0, Veterans' Plaza Fund, which is hereby created. These funds 254
shall serve as repayment for the expenses incurred by the 255
construction of the Veterans' Plaza."
Section 7. That existing Section 139 of Am. Sub. H.B. 117 257
of the 121st General Assembly is hereby repealed. 258
Section 8. Section 3 of this act expires two years after 260
the effective date of Sub. S.B. 7 of the 122nd General Assembly. 261
Section 9. This act is hereby declared to be an emergency 263
measure necessary for the immediate preservation of the public 264
peace, health, and safety. The reason for such necessity is to 265
permit the Board of County Commissioners of Greene County to 266
implement at the earliest possible time programs providing
children and family services on the real estate described in 267
division (A) of Section 3 of this act. Therefore, this act shall 268
go into immediate effect.