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           

                                                          2      

                                                                 
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                     

                                                          3      

                                                                 
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.                              

                                                          4      

                                                                 
      (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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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.